Okay, it's 701.

I'm calling to order the San Leandro City Council meeting of March 2nd, 2026.

Madam Clerk, would you please take roll?

Councilmember Vivaros Walton.

Present.

Council Member Aguilar.

Present.

Councilmember Simon.

Present.

Councilmember Bowen.

Present.

Councilmember Bolt.

Present.

And Mayor Gonzalez.

Present.

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 which it stands.

One nation under God, indivisible with liberty and justice for all.

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.

Speakers will be invited to speak and we'll have a set time to share their comments.

A countdown timer will appear for their convenience.

And when the time is up, the microphone will be muted.

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 with respect to our closed session, there was ample discussion of a variety of items, but was any action taken.

So today we've got two recognitions.

We've got proclamation declare March as American Red Cross month in the City of San Leandro.

And a proclamation to declare March as women's history month in the city of San Leandro.

So let's begin with the American Red Cross.

Justin Mueller, regional CEO for Northern California Red Cross.

Please come on up.

And bring others with you if you'd like to stand right here so that you're front and center.

Oh, look at that.

There we go.

So I'll say that the uh Red Cross does some amazing things.

And I had the opportunity to go and give blood last weekend.

And just like uh I think the the spokesperson for the Red Cross said, uh, you go in a little bit nervous if you haven't done it in a while, but they were so smooth.

They were amazing.

And I came out with a big smile and thumbs up and said, this is something that should be done regularly.

So that's my encouragement to everyone.

Please be sure to get out there and donate blood because the uh the demand is insatiable right now.

We really need lots of help.

But I don't want to steal your thunder because I'm sure you're gonna say lots of good stuff.

Um Justin is the regional CEO, right, for the Red Cross here in uh Northern California.

And I'll let you say more about yourself when when I give you the mic.

Here we go.

So whereas March is American Red Cross Month, and we uh when we recognize the compassion of the people of San Leandro, and we reaffirm our commitment to care for one another in times of crisis, and whereas the American Red Cross was founded in May 1881 by Clara Barton, and this year marks the 145th anniversary of the of the Red Cross.

And whereas the American Red Cross is a volunteer agency chartered and authorized by Congress to provide compassionate assistance afflicted by personnel, local, and national disaster, personal, local or national disasters.

And whereas San Leandro and other communities depend on the American Red Cross, because it is not a government agency.

The American Red Cross depends on you on support from the public to commit to continue its humanitarian work.

And whereas for over 100 years, the United States presidents have called on the American on the American people, that's us, to support the Red Cross and its humanitarian mission.

And whereas people have counted on the American Red Cross for the information and skills they need to be safe at home, at work, at school, at play, training people in life-saving skills and CPR, first aid, fire prevention, water safety.

And whereas the American Red Cross reports that it has over 1,600 volunteers in Alameda County alone, who can assist and respond to hundreds of disasters annually.

And it has held over 1,100 blood drives and received nearly 30,000 blood donations.

And yet that's not enough.

We really need you from donors throughout Alameda County.

And whereas the American Red Cross reports that within Alameda County, it has trained over 12,000 citizens in first aid CPR AED, trained over 3,000 people in aquatics and water safety and provided safety and prevention training and supplies to many, many more.

Now, therefore, I Juan Gonzalez, the third mayor of the city of San Leandro, to hereby proclaim March 2026 as American Red Cross Month in the City of San Leandro, and encourage residents of San Leandro to support the mission of the Red Cross.

Well, first off, thank you.

I'm the regional CEO for the American Red Cross in the Northern California coastal region.

And it really is a great honor to accept this special proclamation recognizing March as Red Cross Month.

Each March, we celebrate the people who make this mission possible.

Our volunteers, our blood donors, community partners and supporters.

These everyday heroes deliver comfort, care, and hope to individuals and families on some of the toughest days of their lives.

The tradition began nearly 80 years ago when President Franklin D.

Roosevelt issued the first National Red Cross Month proclamation.

And every US president since has continued this recognition, supportive humanitarian service, and volunteerism across the country.

Every eight minutes, we respond to a disaster in the U.S., and most of these are local house fires.

When a home fire leaves a family stranded on the street, it's the local Red Cross volunteers that provide emergency financial assistance, emotional support, and recovery help for their next steps.

When emergencies strike and help can't wait, it's those local Red Cross volunteers that step forward.

As we began 2026, the worst flu season in 20 years, compounded with the winter storms, has led to canceled blood drives, as you mentioned, and fewer donors to meet the hospital demand.

Every two seconds, someone in the United States needs blood.

We mentioned some of the Alameda County stats, but in San Leandro specifically, we had more than 830 units of blood donated in 2025.

Many of them processed right here in our office on Davis Street.

We ask your continued support now to help replenish the blood supply.

Through our service to the armed forces and international services, our volunteers provide 24-7 global support to help military families, helping many who have experienced multiple deployments over the past decade.

Locally in Alameda County, we assisted more than 800 active service members and their families with their support in emergency situations, including financial assistance and emergency communication services.

And then regionally, we've also helped connect families separated by conflict or disasters through our restoring family links programs.

In addition, as part of the world's largest humanitarian network, the Red Cross workers respond to international disasters and help communities prepare for emergencies all around the globe.

90% of our workforce is our volunteers, neighbors helping neighbors, supported by generous financial contributors and blood donors, and we are always ready to welcome new volunteers who want to help us make a difference.

That's you all if you are not volunteers.

So whether you're looking for, I saw that.

Whether you're looking for an opportunity to donate blood, to get trained to be further prepared, make a financial donation, or volunteer, please visit redcross.org.

We're grateful for the partnership, grateful for the city staff and all the local agencies as we work together to build safer, better prepared communities.

On behalf of the American Red Cross, thank you for this proclamation and for your continued support.

So at this point in time, we'll move on to our women's history month proclamation.

We'll bring up Liz Varela.

Woohoo!

Many of us know Liz for her role with building futures.

But here we want to think a little bit more broadly.

We know that Liz has been honored with a GG Greenhouse Community Hero Award by Alameda County Healthcare for the homeless.

The award recognizes Liz for her exceptional dedication to the unhoused community, her ability to build partnerships, because it's not a solo job.

It's working together with people to raise awareness and inspire our entire community to fight for the equity and her fight for equity makes her truly deserving to be the recipient today of this proclamation.

So what is the proclamation say?

Whereas Congress whereas Congress declared March as women's history month in 1987, and International Women's Day has been observed since the early 1900s.

And whereas women of every race, class, ethnic background have made meaningful contributions to the growth and strength of our San Leandro community and to the United States in so many countless ways.

Even here in 2026, some women still struggle injustices in the workplace, in our community and at home, and still others struggle to earn equal pay, to have their voices recognized as equal, and to live lives free of abuse and sexual harassment.

And whereas the city of San Leandro is committed to supporting policies and programs that uplift and improve the lives of all women in our community.

Now, therefore, I, Juan Gonzalez III, mayor of the city of San Leandro do hereby proclaim March 2026 as women's history month in the city of San Leandro, and encourage all community members to observe this important month with appropriate programs, ceremonies, and activities.

And I'll even put in a plug for the city of San Leandro.

We will have a number of programs, and please attend those to celebrate with us.

Thank you, Mayor.

I just was reflecting that it was almost 40 years ago that Building Futures was started here in founded here in San Leandro.

And it was really founded to empower, encourage, support, and inspire women to have a more resilient and sustainable future.

And I really want to thank the City of San Leandro for all those years of support.

And I've been working at Building Futures for 33 of those 40 years.

Yeah.

I I think this is such an important time as we reflect on the history and where we are with support of both what women have accomplished, women and girls have accomplished, but what we still need to accomplish.

So important nowadays to think about that with everything that's happening in the world.

So thank you.

Okay, at this point in time, we will move to our consent calendar.

Are there any amendments?

In other words, would someone like to pull an item from the consent calendar?

Seeing none, we will take public comments at this time.

Mayor, we have received one comment card for the consent calendar, and there are two hands raised online.

Okay, please proceed in person.

Our in-person commenter is Sarah Bailey.

This is to five F, Simon's appointment to facilities.

Excerpts from the investigator's report about Councilmember Simon.

Bowen, Simon challenged and undermined the expertise of public works director Marquises.

Bowen could not believe the manner that he addressed her conclusions when he allegedly stated she's lying.

She doesn't know what she's talking about.

Marquises, Simon asks questions that can be demeaning.

Simon makes it harder for her to do her job.

Bulu, Simon interrogated staff.

When Simon interrogated staff, he was not respectful towards women like Marquises.

Cutter, Simon would undermine Marquises.

Well, that's your opinion, but let's get an expert's opinion or another opinion.

Cutter noted that when Simon disagreed with men, he did not question their expertise.

Robostelli, when Simon Sprung gotcha question set staff during meetings on items not on the agenda, it made staff appear as if they were unprepared.

Robostelli noted that he mostly hammered the engineering staff.

Mayor, I am witness number six.

Councilmember Simon only recently learned that the public works director's name is Marquises, referring to her frequently as Marquez.

Many times I have seen Simon bully badger, belittle and demean her and her engineering staff.

You are knowingly throwing them into the path of a menace.

Councilmember Simon stops coming to them.

Thank you.

Mr.

Abbott, did you want to speak on the consent calendar?

Okay, thank you.

Thank you.

My name is Lawrence, and my career has been split just about half and half between labor and uh and science as a wildlife biologist and uh arborist, a tree person and plant person.

And um I love science because it's based on facts and empirical data, and it's real easy to um you know know what we don't know, uh know what we know and and what we don't know, you know, set up experimental designs to figure it out.

And um, you know, once we have consensus, um it's um it's a really really cool thing, and it's always being challenged, but you know, it either becomes more and more black and white or opens up new doors of discovery.

So what really is upsetting to me are things that aren't black and white and things that you know have to do with uh he said, she said, so I'm referring to um uh Mr.

Simon in particular.

And um, because I've read the reports, I I get a lot of that, you know, a lot of um uh what we just heard now, you know, um people's um um perception based on fairness, you know, some people's thinking somebody's fair, others others not fair.

But um I just wanted to say that um I I know Fred really well, and I think his character is exemplary, and I think he does his best to be fair, and I hope everybody does, and I hope this thing comes out uh where uh justice prevails.

Thank you.

Thank you.

So just for the record, I will assume that that was on item five F.

I'm sorry.

Okay, I was more than consent.

That is our consent calendar, and that's council member Simon's appointment to facilities and transmit.

Thank you.

Mayor, that concludes our comment cards in the room.

So we will close in-person comment and move to online comment.

Thank you.

Our first online speaker is Douglas Spaulding.

Thank you.

Good evening, council.

I'm gonna start with uh item five D, uh, which executes amendment number two of the CSA to active ways engineering.

Uh, this is an additional 101,000, bringing it to the total contract to 200,000 quote for various engineering assignments.

Uh I could not find any details anywhere about what what this specific work is.

And and I, you know, I'm one that believes the details uh improve uh transparency.

So my question simply is what are all the ways this contractor has been and will be active in the future on item 5C, which is uh construction contract to a penya engineering, uh seems really great, uh 269 uh thousand dollars uh to uh install small trust uh uh capture devices.

Um this is out of a larger uh one million dollar US EPA grant.

So a little side question is uh what is the other 700,000 dollars going to be applied for?

Uh but in terms of of the scope of this work, uh I noticed it's uh 93 screens and 38 basket filters.

Uh I don't know where all they're gonna be located.

I would be interested to know like what is the particle size?

Like what is the limit?

Uh how big does something have to be to be trapped?

Centimeters, millimeters.

Um that's about 250,000 of the work.

And the other 18 and a half thousand is for mobilization and cleaning, which is just a lump sum.

And uh, if we're gonna install these things, I I'd like to know what what is the plan for ongoing maintenance.

Does that lump sum cover one year, five years, 10 years?

Is it a forever lump sum?

Um again, I would like more details.

Thank you very much.

Thank you.

The next online speaker is Lucas.

Uh good evening.

Can you hear me?

Yes.

Thank you.

Thank you for taking my comment, um, Mayor and Council.

I I I want to uh comment on item 5D, which is the active waste um uh expenditure.

Uh as you as the council might remember, I'm very much in favor of biking infrastructure and biking programs in the city.

I'm very happy that you know we we've engaged an engineering consulting firm that seems to have historical expertise and and knowledge in this space.

However, the consulting services agreement with Active Ways, I'm looking at exhibit A on page 16 of the attachment.

It talks about the staff shall work no less than 24 hours per week, a hybrid schedule consisting of hours between being in the city hall and working remotely.

Exhibit B, project manager, build at 240 an hour, project engineer, build at 205 an hour.

Minimum wage federal, 725 still, as as it has been ever since I kept started calling to the city council of California, $16.

I don't know.

Hopefully we're being responsible with the city's money.

I do want to point out that in the most recent annual comprehensive financial report, for some reason, community development expenditures jumped by 32% from 19 million to 25 million a year.

Recreation and culture jumped 26% from 16 million to 21 million.

Are we really spending 32% more on community development and 26% more on recreation and culture and getting our money's worth?

But by my count, there's an additional 10 million that went into these programs.

And I haven't seen any you know new biking infrastructure, any meaningful community type projects that were completed.

Please, please, please, as always, as I say, when these types of expenditures come up, spend the people's money wisely.

Thank you.

Thank you.

The next speaker is Karen Silva.

Karen, will you please unmute yourself?

Karen Silva, if you're on the Zoom call, this is your opportunity to speak on the consent calendar.

Karen Lascall, are you there?

Mayor, that concludes our raised hands online.

Okay, so we'll close public comment and come back to our council members for discussion or a motion.

Councilmember Aguilar.

Thank you, Mayor.

I like to move the consent calendar.

Okay, so I've got a motion from Aguilar.

Councilmember Aguilar.

I'll second it.

Any discussion, please vote.

All votes are in, and the motion passes unanimously.

At this point in time, we move to item number six.

I don't believe that we've got anything from the city manager today.

Is that correct?

So we will move on to item number seven.

This is the opportunity for the public to comment on items that are not on our agenda, but are within the subject matter jurisdiction of this council.

So do we have public comment on items that are not on our agenda?

City clerk.

Yes, Mayor, we've received six comment cards and they're currently four hands raised online.

Okay, please proceed in person.

The first three in-person speakers are Nancy Rafaloff, Chris Urban Raslive Longoria, and David Anderson.

Good evening, everyone.

And I was wondering, is there anything we can do to try to keep them?

They're closing at the end of the month.

I called this morning to double check to see what was going on.

And uh I'm not talking about the Lowelling one, I'm talking about the one on Washington.

So if there's anything with your power that you can do to retain them, I think that's really important to the community.

There's so many people that use that hospital and the other communities nearby of the cities as well.

And they've saved my animal a couple of times.

So I hope you can do something to keep them here somehow.

That's it.

Thank you.

The next three speakers are Chris Urban Raslife Langoria, David Anderson, and Deborah Acosta.

Emone?

No?

David Anderson?

Uh Chris is next, then you.

Chris.

Oh, good evening, relatives.

Good evening, relatives.

First, I like to acknowledge the Aloney people whose territory we occupy in San Leandro, known as Hulk in.

I stand in solidarity and support Mr.

Bernard Ashcraft and request a formal apology for redlining in San Leandro.

Housing discrimination is alive and well on stolen land.

I offer this medicine of tobacco and sage this evening to Mother Earth as an offering to guide you, to guide us as a community in a good way.

Outside in our beautiful grass area that our facilities takes care of.

Thank you very much.

Thank you.

The next three speakers are David Anderson, Deborah Acosta, and Lawrence Abbott.

Just for it's not on the agenda, correct?

Okay.

I also want to uh echo what she just said about the uh resolution for redlining.

I think the uh resolution was put together really nice and appropriate, and I think you should give it uh consideration uh about uh accepting it.

And the other thing I like to speak about is the Chabot Road.

We have to really look at uh the importance of getting that road open up because as a Palestinian, I was here a couple of weekends ago, and it was really devastating just to look at the damage that it did.

I know you guys say we don't have the funds to do it, and you've got opinions that it's really not that critical.

There are other routes to go, but we need to have a plan that's public or public plan so the people up in Belle Vista will realize how to get out.

And we've come up with some conclusion.

I think Kat might have a copy of what some other uh alternatives to get out.

But I think we really need to think it's serious about that because looking at all the other things that are going on in the city, you know, with all the suits, uh, people are not getting along, so we can move forward.

We need to put a lot of that stuff to the side and try to work together.

And I think all of us can do it because I've talked to you guys individually, and I think in your heart you really do want to work together and move San Leandro forward.

And I hope that we can do that.

I'm counting on you, the mayor.

Thank you.

Thank you.

The next three speakers are Deborah Acosta, Lawrence Abbott, and Leo T.

West.

Good evening, Mayor.

Thank you for bringing forward this proclamation recognizing women's history month.

When San Leandro illuminated Truth is Beauty, we made a public commitment that women belong being that women belong fully in civic life, that their leadership strengthens institutions, and that their participation in public space is not conditional.

Women's History Month honors suffrage, equal protection, workplace equity, and freedom from harassment and retaliation.

Those are not abstract ideals.

They are civic standards, and standards require enforcement.

Proclaiming this month means affirming that retaliation, intimidation, and gender bias have no place in public service.

It means affirming that professionalism and respect are obligations, not preferences.

It also means affirming something equally important.

When due process is followed, when investigations are conducted, findings are adopted, and decisions are made, those outcomes must be respected.

Without enforcement, proclamations are symbolic.

Without finality, process loses meaning.

If this proclamation is to carry weight, the standard it honors must be visible here in how this council governs, how it upholds its code of ethics, and how it moves forward once a matter has been resolved.

History remembers not what we declare, but what we uphold.

Let this proclamation reflect both.

Thank you.

Thank you.

The next three speakers are Lawrence Abbott, Leo T.

West, and Anthony Tajada.

I just wanted to say really quickly that I also support the resolution on redlining, and that um I would hope that this council really especially listens to any of our First Nations Native American people that speak to us because this so much speaks to them and injustices of the past and recognizing injustice of the past as a way to move forward.

Thank you.

Thank you.

The next speakers are Leo T.

West and Anthony Tajada.

Last year, the San Leandro Main Library eliminated the information desk.

There were two or three people very knowledgeable about computers to help the patrons.

Now the information desk has been confined to a corner of the front desk.

We just want older person who knows less about computers than I do, and I don't know very much.

To make it worse, the old computers have been replaced by new, more complex computers system.

Several times the person the information desk couldn't help.

I had to figure it out myself or get help from another patron.

In addition, two rows of computers have been eliminated.

Members of the city council have been engaged in misconduct and criminal behavior.

More concern in eliminating car lanes and building a monument to a criminal.

While for example, the restaurant is 14 and Broad Moore has just replaced a shutter glass door for the third time.

And four of these windows had to be replaced last year, also.

Meanwhile, the mayor is bragging about how well San Leandro is doing.

Improve the service of the library.

Thank you.

The next speaker is Anthony Tajada.

Good evening, everyone.

Just say that I was encouraged by the council meeting a couple of weeks back where uh council decided to move forward with filling in the District 2 vacancy and doing so within the required time frame.

I thought that was a great decision.

And I thought it was even more powerful that Councilmember Viveros Walton wanted to bring in lessons learned from the most recent experience that you went through as part of that process.

I think there's a lot that could be leveraged from that as it relates to just our overall internal processes and procedures.

That alone should be our North Star.

That should be what we trend towards is dealing with what can we move forward right now internally versus what do we outsource to an external faction.

And when I say this, I say this in the lens of investigative reports.

I say this in the lens of uh red tape that gets tied into some of those reports versus what really should be an in-house matter.

Um, how can we collectively come to the table as a meeting of the minds?

How can we discuss issues that uh ultimately affect maybe the partnering aspect of what should be going on on the on the city council at large?

And if there are training sessions, if there are initiatives that need to be brought in, that would be an ideal time to do so versus looking at an external spend and that external spend ultimately up against the city's budget, the city's deficit, and ending up with a report at the end of the day that puts us in a position where we're no better than where we were initially starting this off.

So I would just I would just say if we can as a council, as a council, come to terms with avoiding any sort of finger pointing, any sort of blaming, and let's have a meeting of the minds and let's get down to rolling up our sleeves and get to solving get to solving problems that need solutions.

Thank you.

Mayor, that concludes our in-person comments.

So we will close in-person public comment and open up online public comment, please.

Thank you.

For online public comment, Lucas, you may unmute yourself.

Uh, thank you.

Can you hear me?

Yes.

My comment.

Um, I'm commenting under item eight because I don't know.

I don't remember if we get to make comments under action action item 10 or item 10 for the action items on the um uh uh resolution.

So Lucas, before you continue, I just want to be clear.

So there will be discussion public comment on the action items.

So if you'd like to speak on the action items, I ask that you wait.

Okay, thank you for okay.

The next online speaker is Melissa Wong.

Good evening.

Um the city has a 10 million, that's right, 10 million dollar budget deficit.

This is double what the prior budget proposal from last June had projected.

There was no budget discussion during this whole period, but in a matter of three weeks, yes, I counted.

The city will go through the finance committee last week, the planning committee with the council this week, and then immediately the budget engagement meetings with the public.

It sounds like feast or famine for a very serious topic.

I've advocated in the past for a budget task force so we could truly have public engagement.

Sensing resistance or reluctance.

I'm not sure how to really say it.

I am proposing a model that I hope will be more to your liking.

Please, please consider two public members appointed to join the three member council in the finance committee.

Your guaranteed public representation while still having counsel as the majority, there won't be any cancel meetings because you will get a quorum.

Staff may even save time running, upcoming meetings, uh, which we like to call public engagement meetings.

A handful of residents where staff will outnumber residents two to one.

It has never worked in the past four years.

I've attended as we went from a balanced budget to a growing $15 million deficit.

The public needs transparency, and I'm proposing an actual model for public engagement.

I really hope you would seriously consider.

Thank you.

Thank you.

The next speaker is Alvaro Ramos.

Hi, can you hear me?

Yes.

All right.

So I was reading an article in the Daily Californian uh about that the Alameda County Sheriff's Office is ending its participation in a federal program that pays local jails and prisons for sharing uh personal information about undocumented incarcerated immigrants with the government.

Uh it's called the state criminal alien assistance program or SCAP, which reimburses local jails and prisons for the costs of detain undocumented immigrants with at least one felony or two misdemeanor convictions for violations of state or local law.

And so the kind of information that the sheriff's office was, I don't know, giving to the federal government was like full names, unique inmate numbers, date of birth, place of birth, incarceration date, release date and FBI number.

And Alameda County received 1.2 million dollars from the SCAP program uh in fiscal year 2024, uh which is the second most amount given to a California county, and then the fifth most nationwide.

California received more funds from SCAP than any other state in 2024, a total of 59.4 million dollars.

And so I'm glad to hear that Alameda County is cutting ties.

Um, I can only imagine uh what you know how how that may have involved the city.

I don't know.

Um but also uh insofar as I'm aware, um immigration and customs enforcement is still camped out on Coast Guard Island.

I'm unaware of updates on that.

And we also need to keep an eye on the federal correctional institution in Dublin because the federal government has taken an interest in converting the federal prison into a detention center and their detention centers um violate human rights and potentially may even have child abuse.

So I'm supportive and I'm support of the partial government shutdown for at least some accountability on ICE for now.

Thank you.

The next speaker is uh Douglas Douglas Spaulding, you may unmute yourself.

Thank you very much.

Uh thank you, Melissa Wang.

That was a very interesting idea.

I nominate you to join the finance committee along with Lucas.

Um, I think we're better when we have uh maximum uh citizen participation in uh while our budget problems have always been difficult.

Seems like we're we're a little farther away from a solution than we were when we had the budget task force.

Uh also shout out to David Anderson.

I appreciate your concern about the fire.

Uh, but I want to give a tip of the hat to uh Kat Wellman and the uh residents of Bio Vista who have um secured an app and contract it, and you can go and find out your best uh uh evacuation route and do it in real time if there ever is a fire up here.

Um thank you, Bernard Ashcraft.

I think it is time for the city of San Leandro to approve a resolution acknowledging um the um uh the the crime of redlining.

And we started to address it with the library uh um presentation.

Um, but it's something that we really need to continue dealing with.

Uh in terms of housing protections.

Um, I would like to know the status of the rent registry.

I know it's gonna take a while to get that going.

I'd like um for the city to clarify again what the timing the timeline is between the start of um the base year in July 1st, 2025 to the implementation of the RSO on January 1st, 2027.

The city needs to publicize and educate tenants and landlords about all those things, and we need to get going on the next housing protection tenant, which is just cause.

Uh finally, uh, you know, I had a great meeting with our fire prevention bureau inspector Zarmina Khan of the Alameda County Fire Department.

She's very thorough, very generous with the time, and very reasonable since I asked her to look at my yard.

Um, and yes, I I I trim my trees.

I got the five foot gap, so that uh I'm not gonna be uh spreading the fire here.

We need to do the same thing and look at San Leander Creek.

That is thank you, sir.

Your time has elapsed.

Our next speaker is Jesse.

Hi, good evening.

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

It is appalling that neither council member Simon nor Councilmember Aguilar has publicly acknowledged the gravity of the crimes that former council member Acevedo pled guilty to committing.

Just because a person has done good in his life does not justify looking the other way when that same person causes real harm.

Failing to recognize that Acevedo's corrupt acts were unacceptable, is in itself unacceptable.

It also highlights that Aguilar and Simon care more about making their political ally look good than doing what they can to restore public trust and confidence in city council.

Thank you.

The next speaker is Betty Mooniz.

Betty, are you there?

If you're there, please go ahead and unmute yourself.

It's your opportunity to speak.

Name is two T A U.

Good evening, Council members and members of the City of San Leandro.

My name is Tauray Nenguke.

I just used the towel for short.

I leave you in Bay of Vista.

Um, I wanted to highlight or bring to attention the city council and members in general and way of thinking about transportation and housing crisis that we have in the Bay Area here.

I did write an article in our San Leandro Times Thursday, February 12, 2025, on page five.

And I highlighted the top the topic I used was high speed train.

So I will read part of that.

I argue that we aren't just suffering from a lack of homes.

We are suffering from a lack of speed.

Small transit map due to lack of high speed regional transit is exacerbating the housing shortage.

Currently, workers are forced to cram into an overpriced urban core because community commuting from more affordable regions is unfeasible.

Imagine a high-speed rail system connecting San Francisco, San Jose and Berkeley to cities uh 50 to 100 miles out, such as Sacramento Tracy Modesto in under an hour.

The math is simple.

A worker currently paying $4,000 for a two-bedroom apartment, say in San Francisco, could instead rent a three-bedroom home for $2,400 in the Central Valley, even with a $40 daily round trip ticket, which amounts to $800 a month.

And even if they spent they have their breakfast on the train, spending about 400 a month, they would still have 400 left over from what they were spending from San Francisco.

In addition to these savings, they're also gaining a bedroom and a better quality of life.

Even after accounting for these 800 mile transit pass, the family comes out ahead financing financially and in square.

So I think we need to expand this and make it into a regional or high-speed transit system.

Thank you.

If you're there, please unmute yourself.

Thank you.

And so that way with that, we will close public comment on non-agenda items.

Today we do not have a public hearing, but we do have item number nine on our agenda, which is a presentation.

So with respect to the downtown San Leandro Community Benefit District, our annual update.

And we've got economic development manager Katie Bowman to introduce the item.

And then I believe we'll have Morgan Macrose do the presentation.

Good evening, Mayor and City Council.

Katie Bowman, Economic Development Manager.

And we're here this evening for what is our annual update on the downtown community benefit district or SLIA.

SLIA, we'll learn more about it or hear more about it.

But among other things, they work to support safety beautification and uh a good business climate in our downtown.

And tonight we'll hear from Morgan Macros, the uh director of SLIA, and um and uh hearing about what activities over 2025, upcoming programs and activities as well.

And with that, I'll hand it over to Morgan.

Thank you, Katie.

Mayor, council members, staff.

Um this is something I look forward to every year.

I don't know if there's anyone who looks forward to presenting to you as much as I do.

And especially this year, after we had a banner year for 2025.

Um I've been with the district now for six years, and last year exceeded all of our expectations, and we have some new developments for 2026 that are gonna knock your socks off.

So I have 10 minutes, so I'm gonna speak very quickly.

Some of this will be review for you folks up on the dais, but I always like to review um what the district is for the folks in the audience at home and here.

Um we are a nonprofit, San Leandro Improgram Association is a nonprofit and it has a volunteer board of directors.

Our current president is Deborah Cox.

Um, and then we have representation from uh um council member vice mayor, rather, Vivaros Walton and Councilmember Bowen, and also Katie Bowman sits on our board.

So we have a lot of um city ears and support, which we really appreciate on our board.

Um we're a small but mighty office.

Uh there's myself, and then um Julia Jacob actually was elevated to program manager recently.

Um Julia Marquis our graphics and marketing person, and Matthew Mayo is our operations manager for all of our ambassador services, and you can see our current ambassadors down below.

And then also um, while they aren't part of our staff, I wanted to give a shout out to the alternative response unit because without them we would not be having the success that we are downtown.

Um they really are the only tool we have to address some of our hardest cases of unsheltered neighbors in downtown.

So we really appreciate their efficacy and their doggedness and making sure folks get care that they need.

So thank you, Chief.

The benefit district um was approved by voters of parcels um within the district, and so it's a little odd-shaped because it's only commercial properties and apartment buildings.

Um it does not include uh single family residences or condominiums at this point.

Um as I said, it's a not-for-profit.

Um, the actual not-for-profit is San Leandro Improvement Association, but the program delivery is through the downtown San Leandro Community Benefit District.

Um, our board is consist of of no fewer than one-third at-large members, so the rest are actual property owners or their designees.

Um, assessments aren't determined by the value of the property, they're determined by three measurements of the property.

So while um while the value of property in San Leandro may be going up, that doesn't affect our assessments, which uh becomes a challenge for us.

Um last year we had uh higher revenue than ever before.

Um, a little over we broke the million dollar mark.

Um, but we did have an operational deficit, and it since this presentation was done, it's actually down to about $15,000 operational deficit.

But that's because um one of our key programs, the Safety Ambassador program was flat funded this year, and a flat funding really is a cut, right?

And so we were able the association was able to make up the difference to avoid any cuts to program, but I'll be speaking um in the future about how that isn't sustainable moving forward.

We are going to have to be cutting programs with the program uh the financial cut.

Our programs divided into three or three sections sidewalk beautification order, district identity and street improvements, and then the administration.

We have safety ambassadors and cleaning ambassadors.

Our cleaning ambassadors pictured here work seven days a week from 7 a.m.

till 3 30 p.m.

doing a variety of things, everything from distributing lunches to cleaning up things that we just don't want to clean up.

Pressure washing, removing grace feeding stickers, and this is our annual total for what they do.

And people say, well, gosh, 67,000 infrastructures clean.

What is that?

Well, that's like garbage cans.

Let's see, the the little things you push to get across the street.

You'll see that they only contact, they also do de-escalation.

And in events that they aren't able to de-escalate a situation, they do have to call EMS.

You'll notice this year our EMS rate of 29 for safety for cleaning ambassadors, and we'll get on to the safety ambassadors.

That increase doesn't indicate a lack of efficacy.

In previous years, it's been as few as 15.

What it indicates is we have the ARU.

We now have someone to call who can respond to the many things that we that our safety ambassadors and our cleaning ambassadors respond to, which tends to be in terms of de-escalation, our dual diagnosed on unsheltered neighbors.

This is the safety ambassadors.

Monday through Friday, we have safety ambassadors coverage from 6 a.m.

till 9 p.m.

at night.

And actually it's 9 30.

And then on the weekends, we don't have a morning safety ambassador, but we do have someone from 12 30 to 9.

I guess it is nine.

As you'll see, they did have 25 EMS calls, but if you compare that to the number of de-escalations, over 3,000 de-escalations.

And also almost 2,000 ordinance violations.

You can really see that we're redirecting a lot of calls that would normally go to SLPD, that they may not have the time to respond to these low priority calls.

But for the people that are out on the street, the people who are doing working in our businesses, it's a high priority for them, right?

And so we're glad we can be there for this very effective program.

And I do want to give a shout out to all the many volunteers who bring 10 lunches, 10 SAC lunches, all but uh two days a year for us to distribute to unsheltered folks in the in the district.

Um we do our best to outreach and remind people of our services, and this past year we were able to translate our services card into Vietnamese, Chinese, and Spanish.

So that that's kind of encapsulates, encapsulates our ambassador services program.

The other big thing that we're known for are our events.

And last year we had, gosh, 11 events, I believe.

Um we now do a monthly market on the second Friday of the month.

So Oakland has First Friday, San Leandro has second Friday, and I gotta tell you, it's really gaining momentum.

Um we had the first Lunar New Year celebration last month, and we estimate about 2,000 people attended.

Um, what I'm super excited about is this year we are coordinating very closely with the library and also with the recreation department.

We're all trying to leverage our resources together, and because we're out there to uh accomplish the same mission, which is making downtown and and San Leandro a place that people feel comfortable and welcome and are excited to be at.

Um, one of the events that we have coming up, so these were some of ours last month, our events coming up this year is that I'm super excited about next Friday is the woman's hysteria festival, where we're gonna have eight volunteers representing what can only be described as badass women from history.

So Jane Goodall, Junko Tobay, who was the first woman to summit um uh Everest, Kalpana Chalwa, the first South Asian woman into outer space, and even Tammy Duckworth.

So we will have Susan B.

Anthony, but we're gonna have a lot of other very, very cool people.

Um, and then it's gonna be followed by a Diva dance party.

So I want to encourage uh moms, grandmas, daughters, aunties, and the men who love them to come out and join us next Friday night.

And as I said, we're doing this in close uh uh cooperation with the library and the librarians there have been fantastic in helping research these characters and will be on hand to support that program.

Um we're also doing a lot of public art thanks to grants from the um culture library and uh arts, culture and library commission.

Um last year we were awarded a grant to do a mural of the fieldworks garbage enclosure, and it is finished now.

I went by today, it is finished, it does need it's uh anti-graffiti coding.

But what's interesting is that this is a uh a fine art, right?

A visual art that we got awarded a grant for.

But if you'll see on the left, it really is participatory because sure enough, uh inevitably, as our artist was out there working, she would find small children behind her who were wondering what she was doing, and showed you she enlisted them in there in her support for her work.

And so what are we hoping for this year?

Well, we have this lovely brutalist fountain um in between tequila grill and uh Kakuna sushi.

And so we are hoping um that we can get a small grant to paint that as well, a mural on that beautiful, beautiful fountain.

Um the previous year we got a grant to do an incredible mosaic on what we call what was formerly known as the Bell Planter, but now we're calling it the IHOP Planter.

It was a it was a fountain at one point, but then we turned it into a uh a planter many years ago, and it was pretty unsightly, and we had this incredible uh mosaic put in there thanks to a grant from the commission.

Um, unfortunately, there are no bollards, there are no um hardscaping around there.

Am I up on my 10 minutes already?

Holy cannoli.

Anyway, it's super dangerous and something needs to be done and it needs to be repaired.

But I have Eric Engelbert working on that.

So why don't you take about three minutes to wrap up your story?

Because there's gonna be plenty of discussion, I'm sure.

Okay, okay.

Um the other uh program we have going on is we received a grant from the city to um put in a coordinated camera system in downtown San Leandro, and it's it's it's a unique program in that it's a public-private partnership with a community, so it's public space but private property, which changes how cameras can be used.

Um the district actually runs the program, and if anyone needs any kind of footage from these cameras, they come to us and they have to meet certain criteria before we'll release footage.

Um right now we had it at the corner of East 14th and Davis, or no, I'm sorry, East 14th and Wana was our pilot site.

And now what we're looking to do is expand over to the Rockies area over by the San Leandro Museum, which has a lot of issues, and hopefully um, we're proposing that we cover it inside Washington Plaza.

And we started with a dog, so we had to equal time.

Give a cat now.

Questions.

Thank you so much for your presentation.

At this point in time, we will take questions on this item before going to public comment.

Oh, thank you.

Got your fan team with you.

Sweet.

Okay.

Our first questions come from Councilmember Aguilar.

Oops.

I punched the wrong one.

My apologies.

Can you force your way into this?

Let's do this.

And if you can wait, Councilmember Bolt.

Councilmember Aguilar.

Wonderful.

Thank you, Mayor Gonzals, and thank you, Morgan, for the amazing work.

Um I've been to uh some of these events, uh, especially the Pride event, which is fabulous.

And the work that what goes in behind it.

I remember the first time we worked together.

It's a lot of work and trying to find sponsors, but it was fabulous.

Uh, my question is with regards to the the benefit district, you had single family homes that were zoned.

And you said, do they pay?

No, so single family there, that's why it's that weird C shape because what you see what's inside the what's not colored yellow are single family homes.

So we don't, they don't receive services and they don't pay for service.

Okay, I just wanted to be clear on that.

And I I think we had you had walked me through the tequila breezeway and in hopes of getting that turned in the water fountain working.

Is that that's not feasible apparently?

It's uh just the way the water is set up with the restaurant nearby, according to public works.

It's it's just not so we turned it into a planter.

And then um the proposal we have for the mural is actually an aquarium.

So we're gonna try to stick with the fountain theme, but it's never gonna function as a fountain again, unfortunately.

Um have you got an uh estimate as to how much it'll cost to uh brutalist piece of artwork to life?

Our proposals for 3500.

Okay.

Yeah.

Um those are my questions.

Thank you.

Thank you.

So now we go to Councilmember Bolt.

Thank you, Morgan.

Um that was one of my questions, the price of the um fountain to be painted.

The first question though, for that was how much did it cost for the the other one, the trash enclosure of fuel works?

$16,000.

16,000.

That's beautiful as money well spent, especially if it is beautiful.

It's been it's it's taken longer because the weather has been so uncooperative, but I think it's really gorgeous.

Yeah.

Cool.

Um you mentioned that there's an organization that gives 10 SAC lunches a day that you guys are able to provide.

Are you at liberty to say what organization that is?

Well, it's not an organization, it's it's just a bunch of San Leandrins who have committed to doing it.

So if anyone wants to do it, please reach out to us.

But uh essentially we have volunteers.

A lot of it is from the ecumenical community.

Um, so different churches, their members do it, but there's no one specific organization.

It was something that was actually started by Evelyn Gonzalez, and she coordinated the program the first couple of years, and now um Julia Jacombe, our program manager is coordinating it.

Yeah.

I will reach out because sometimes it's about getting the right material to do this too.

And if we have access to it, we should share.

Yeah.

So uh that's those of my questions.

Good great work.

Uh really appreciate the presentation, but more importantly, what's going on out there.

So thank you.

Great.

Thank you.

Next we come to Vice Mayor Rivera Swelton.

Hi, good evening.

Um I just wanted to one, um, just say that I've really enjoyed working with you through my tenure on the council.

Thank you for your work and to the rest of the team and all of the stakeholders that kind of help move all of the work.

Um, special shout out to Katie Bowman who also works closely.

Um just a uh visioning question around what do you see as one of your largest challenges, kind of looking ahead into both this year and the coming year.

Um and then what is the one thing that makes you the most excited about what's coming?

You shared a little bit about that, but uh a challenge, and then what gets you most excited about that?

So the challenge, of course, is always money.

And um there's a couple of fronts that's coming on, is that we're capped at 3% for annual increases for assessments.

Um however, the district needs to go up for reauthorization in 2028, and we're gonna move that up to 5%, which is in line with all the other districts.

Um the flat funding to the safety ambassador services has been really difficult for us, really difficult for us.

Um so I'm sad to see that start.

This we for this year we've had to cut one shift, which isn't too big of a burden, but next year we will have to um eliminate the safety and the morning safety ambassador program.

So again, while it's been flat funded from the council's or the city's perspective, that's really a cut, you know, because obviously the cost of service goes up every year.

Um in terms of what I'm excited about, I don't know, maybe I I'll tell you what I'm excited about.

Um I understand that, and I'm I'm gonna throw you under the bus, my friend.

I understand that there is money for a downtown park.

What uh so developers have to do park and loo fees, and Central Callon had quite a few dollars of park and loo fees, and so that needs to be done spent within downtown, and we really don't have any public space to have all these fantastic events, so we have to shut down a street, we have to shut down parking lots.

Um there is uh we discussed a couple of years ago the idea of extending walking plaza, so it was like a legitimate Zocolo kind of thing where we can have actual events and have a stage, like a permanent cement stage where bands can go or or you know, acoustic folk can go.

Um so I'm I'm crossing my fingers that that might actually happen.

That's what I'm excited about.

Thank you.

Um every time that we meet, I come back to the council and let people know what is happening.

Um can you talk a little bit about um the work that goes into reauthorizing the bid?

I think this is something that as stakeholders, although we represent districts, I think all of us benefit from a thriving downtown.

Can you talk a little bit about what that reauthorization process looks like and what partnership would you like to see with my colleagues on the dais?

So the the big the biggest challenge about the reauthorization is communicating to property owners.

A lot of our property owners are absent property owners.

Um and so it's real challenge to reach out to them and share the good work we've been doing.

I think if people are aware of what we're doing, or if they listen to their tenants and how happy their tenants are with what we're doing, everybody's gonna vote to support it.

Um and so you know, you hire a consultant, you'll do surveys, hopefully you'll get responses from surveys, and then it's a lot of calling and and and doing the direct ask.

Um I've never gone through the process before, so I hesitate to speculate more.

Um that's why you use consultants to help you guide you through this process.

And I know we're gonna get good support from the economic uh development team because they're extremely supportive of our work.

Um but I think the the real challenge for that is going to be sharing that good work and getting people to listen.

Yeah.

Thank you for that.

Um that's the end of my comment before I uh cede my time back to the chair.

Um, I also wanted to acknowledge the other members of the board who you mentioned at the at the beginning.

Many of them are business owners who spend a lot of time thinking about um our downtown space.

So thank you, and I'll cede my time back to the chair.

Thank you.

Coming to Councilmember Bowen.

Hi, Morgan.

Thanks so much for the presentation.

Um a few questions and then some comments.

Um to build upon Vice Mayor's question with the reauthorization in 2028.

Would there be a consideration of an expansion of the district all with new businesses coming in further down along East 14th, both to the north and the south?

Well, that's certainly the time to do it is during the reauthorization.

I think that you know, the consultant would guide us in surveying those folks.

I know uh a while ago and survey was done for the north end of East 14th Street, and there wasn't a lot of um enthusiasm, but I think since then we've really demonstrated our worth.

And so I'd be interested to know about extend expanding it.

Yeah.

That's great.

A few, I think maybe the last meeting of the meeting before we had a presentation about um the economic landscape and um potential development of larger scale um apartments, um, housing.

And one, uh, you know, the Bellwether building was Central Cowan, right?

Like if we can get that built out, then that would really encourage others to come to San Leandro.

Um, and we talked a lot about marketing and marketing the story of San Leandro, and obviously the Downtown Association does so much to build that up.

I'm downtown all of the time.

And right now, especially with new cafes opening and the weather getting better, there's a lot of buzz.

And if I understood your last comment, uh the vice mayor, um, tenants are really happy with your offerings, but really it's about convincing the property owners.

Right.

Okay.

Okay.

And so to me, that speaks to working with um community development.

And obviously, the work that you all have been doing is aligned with the San Leandro Economic Plan, right?

And our vision, but a critical piece of that is going to be how do we share that story of San Leo as a whole and our downtown because it is really special.

And one of the words the um uh consultant used last time was the scalability of San Leandro.

So we're very urban suburban, but it feels very accessible, and you can walk around the downtown.

I think what you're doing with all of the events are fantastic to really create like a robust community.

And so just thinking through how we, as the city, and obviously advice mayor on the um on the board too, like figuring out a way to be able to build all of that up.

So by the time 2028 comes around, it'll be a pretty easy sell.

Um and then I really just want to acknowledge to the safety ambassadors.

I know when I was um downtown all the time because my child was going to Day K downtown, the safety masters were fantastic.

I see them walking around doing fantastic work.

Translation service is huge.

We have so many non-English speakers, I think at our rules committee, um, just you know, 43% of the San Little population, um, just those uh just Chinese or Spanish, not even thinking about the other languages.

So obviously critical.

Um love that you're coordinating and leveraging resources.

That's huge because uh especially right now, and once the farmers market opens, everybody's just walking between all of those different resources that you're talking about.

Um, though, one thing I would um really love, you know, the women's first theory festival coming up, and then maybe a request for the May 8th API Fest is trying to get those fish sandwiches that everybody's been going for um downtown um or anywhere else.

Just gonna throw that out there that way um we can get more people to get more of those fish channels.

I don't know what you're talking about, but we will find out where the fish sandwiches come from.

Just go on social media.

Okay.

Honestly, I don't do social media.

Okay, well, work with your team, Morgan.

Yeah, I have a team, thank you.

Okay, younger people than me that know how to do it.

Thank you.

Thank you at this point in time.

I'll go to council member Simon.

Thank you.

Excellent presentation and nice job.

Thank you.

Beautiful downtown and is continuing to grow and to um get even more beautiful.

A question on your ambassadors.

Uh I as well am impressed with the work that they do.

I've seen them de-escalate situations with folks.

Um, and they are making it making us feel more comfortable.

And I've seen the public really appreciate them.

Uh question as far as increasing their coverage or increasing their um how much ground they can cover.

Have you considered them using bicycles at times to cover more ground?

Yeah, we do have um bicycles for them.

And when the weather when it's less rainy, they will be out on bicycles.

Um, you know, to be quite candid.

We finally have some ambassadors who aren't too tall to ride the bicycles.

That was the problem earlier.

But we do have two bicycles, so they will be out on on bicycle patrol.

Excellent.

Thank you.

That's my question.

Thank you.

At this point in time, there are no more questions.

So we'll take public comment and then there may be some additional comment for you.

So you can go ahead and have a seat.

Any public comment on this item?

Mayor, we have not received any comment cards.

There are two hands raised online.

Okay, so we have opened and now closed in-person public comment, and we will go online to open public comment.

Our first online speaker is Douglas Spaulding.

Thank you so much for your work.

We're we're all benefiting from the benefit district.

And uh I I enjoy the events, I enjoy the art, I love the work of the ambassadors in uh it's it's not just about beautifying, it's that there is a vibe downtown and it's a big draw.

Um, I appreciate the data you presented in terms of uh safety ambassadors and the ARU.

Uh I think it really uh, you know, again, it um uh underscores their importance and their efficacious.

Uh I um, you know, I'm one of those that uh a few years back uh put on the um uh defund the police cap.

Uh that wasn't uh a call to actually uh you know take all the money away from San Leandro police or other police, but to spend the money on things like safety ambassadors in the ARU and uh and human and social services.

So I'm wondering have we studied how these services have uh hopefully alleviated the pressure on our police department to respond to social service calls that they're they're not really equipped to do.

Um that would be very interesting to know.

Uh and finally, I I uh I have a concern about your safety camera uh program.

Um I I don't know what the purpose is exactly.

If if it's about solving crime, I I believe the police department already has a registry of public private cameras they can go to.

Um, but I have the same privacy and civil liberty concerns that we've raised around block cameras and other uh kinds of surveillance.

So, you know, it raises a question about who and how has access to the data and how that data filters from you know the the benefit district to the city to state and federal um uh uh designations uh in this uh context of uh you know the surveillance state, which is going after our neighbors, um, and especially immigrant neighbors.

Thank you.

Thank you.

Our next online speaker is Tao.

Yeah, good evening once again.

Uh, my name is Torah Nimk.

I just wanted to ask if you have any programs or can think of something to do with maybe the local businesses in downtown regarding the World Cup that's coming up, maybe highlight some games as something that can bring the community together.

World Cup Soccer in June.

Thank you.

The next speaker is San Leandro Chamber of Commerce.

Hello, everybody, good evening.

It's Emily Grego, president and CEO with the San Leandro Chamber of Commerce.

I also serve on the board of directors for what we refer to as SLIA.

And I just want to make a few comments in um in support of all of the work that has been going on with SLIA over the past, you know, several years and how much um downtown has improved.

We are so really thankful for the uh safety ambassadors.

There are many times with our office being downtime being downtown that something has happened, and we know to call the safety ambassadors before we call PD.

And it's just such a relief to know that we can actually do that and and and get somewhere with whatever we're calling about.

So that's been really great.

And then of course, our cleaning ambassadors, there are just times when I come downtown and I just think if we didn't have our cleaning ambassadors, what would downtown look like?

I mean, it's like immaculate.

I just it's just so clean and all the new garbage cans.

So there's been so much work over the years that has gone on for SLIA.

So, you know, it's it's been wonderful.

And whatever we can do to continue this work and re-up uh the district in a couple of years, all support is needed and wanted.

So however, anybody can help help support us on that would be great.

So kudos to Slea.

I think everything's going on going swimmingly.

We love all the advanced downtown, but mostly our cleaning and our safety ambassadors have made such a huge improvement.

So thank you for all of that support.

Thank you.

Thank you.

The last online speaker is Lucas.

Thank you.

Can you hear me?

Yes.

Thank you.

Thank you for taking my comment again this evening.

I wanted to echo the concerns raised earlier in the call about the expansion of the surveillance state and how these cameras, uh, whether they're owned by this nonprofit or whether they're owned by the city or owned by the police, it's unclear who eventually gets access to them, uh, raise serious concerns uh about uh the city and the government surveilling the public.

I remember when the flock cameras came around and there were many, many times we debated proposals for expanding their deployment and the cost and all that stuff uh around the city and the entry points throughout the city.

We we you know we we asked the council to to promulgate policies around how they would be used in the police and the police chief at the time came in and they talked about how long the data would be retained and who could use it and whether it would be shared with ICE uh at the time, um, and whether it would be used in in any kind of like criminal investigations.

Uh here you know we're we're told that these cameras will be installed.

I don't see information about exactly how many.

There's talks about storefronts accept Safeway and CVS.

I'll tell you this from having seen some of the robberies where people just walk in with garbage bags and just load them up with all sorts of electronics or the personal cleaning uh stuff uh or or household cleaning equipment at Safeway and CBS and they just walk out, they just walk out.

You need them at Safeway, you need them at Civia.

So I don't know why all the storefronts accept those are exempt.

But even though, even if you do decide to install these extra cameras, we need some policies around who gets access to this stuff, how long the data is retained.

Will the data be shared with us?

Are they going to scan the faces of the people in these public spaces and connect them to immigration databases and try to figure out who in our city has a warrant, who in our city is an illegal immigrant.

Thank you.

Your time has elapsed.

Mayor, that concludes our online public comment.

So with that, we close public comment online and then come back to Morgan for some questions that were raised.

Can we start with the World Cup?

Has there been any consideration at this point in time with respect to the World Cup?

Um, you know, one of the things we do is really promote the programming that our merchants are already doing.

So if Fieldworks and I'm trying to think of who has who has big TVs, um bag of crabs has a huge TVs.

Um no, we don't plan on doing it because we're doing Cherry Festival and Juneteenth.

But um, if there are businesses out there, we're happy to promote what they do on our socials.

Perfect.

Uh, do I have any other questions from council members or comments at this point in time?

Does not appear that way.

So I'll close out with a couple of thoughts.

First, thank you for all the data.

Because you guys track information.

And I know at the time when you started doing that, it was a little bit tedious and you were working through processes and consistency and all that kind of stuff.

But I feel like it's really paying off dividends now, all the work that goes into having that data organized.

Um I think the other thing that uh I just want to highlight is the sheer number of events that you guys were coordinating.

You know, it started with a couple.

And now we're literally at a a dozen events.

And it just the number of people that come downtown really, really appreciate the number of people that are coming in, spending money.

And I've met a number of people from other cities who come here specifically to avail themselves of what we're offering.

So thank you for all that you're doing to drive economic development and activity.

Thank you.

You're welcome.

At this point in time, we'll close out this item and move to our action items.

Our first action item is item 10A.

And this relates to the discipline to execute the discipline already agreed upon at the January 20th, 2026 meeting with respect to Councilmember Aguilar.

And so for this, I will turn to our city attorney to introduce the item.

Thank you, Mayor.

Good evening, Council Richard P.

Arota, City Attorney.

The title is uh what we're talking about today.

This is a follow-up to execute the discipline already agreed upon at the January 20th, 2026 City Council meeting on the Councilmember Aguilar under Chapter 1.13 of the San Leandro Administrative Code.

And this is pursuant to Councilmember Bowen's internal request for discipline that was submitted to on October 24th, 2025.

In summary, the council had decided based on San Leandro Administrative Code Section 1.13.115 to adopt a resolution concerning Councilmember Aguilar containing a statement of disapproval and admonition of Councilmember Aguilar under San Leandro Administrative Code Section 1.13.120.

At the last meeting at the January 20th meeting, the council adopted the findings of the investigation report and also decided at that meeting to uh take discipline short of censure, and those two items would have are the statement of disapproval, sorry, letter of reprimand and an admonition.

Um statement of disapproval and an admonition in a resolution, excuse me.

And those were are under item C and D of Section 1.13.115.

So that is what's before the council this evening is the resolution, and the resolution uh is presented for the council's approval.

I'll take any questions.

Seeing no questions, we will move to public comment on this item.

Mayor, we have received seven comment cards, and there are presently two hands raised online.

Please begin in person.

The first three speakers in person are Tan Deleho Smith, Emily Rich, and Sarah Bailey.

Good evening.

My name is Tondal Smith, and I am a resident of San Leandro.

Prior to the election in 2024, I was a person who closely followed politics and current events.

However, after that event, I disengaged and stopped reading the paper, watching the news, and listening to civic podcasts.

My peace of mind was at stake, and I didn't feel I could do anything about the chaos I saw in the world.

I am pleased to have walked closely to the leadership of our neighborhood as we try to get Lake Chabot Road opened.

In that capacity, I felt I could actually do something about the evacuation and traffic issues facing our city.

I am here tonight to say I have participated in many meetings with most of you.

And in each of those meetings, we have felt heard.

And in this very body, it was encouraging to hear council members questioning and advocating on behalf of their constituents.

I am disappointed.

Some of them are being chastised and about to be punished for actions that they took on behalf of their constituents.

I think it is wrong, and along with all the other dysfunctional infighting among you.

It's just like the chaos of national politics, and it's pitiful.

Please engage your own brilliance, find some humility, and get professional mediation help so that you can work together on these issues that are so vital to our city.

Thank you.

Thank you.

The next three speakers are Emily Rich, Sarah Bailey, and David Anderson.

I count myself as a supporter of both Councilmembers Simon and Aguilar.

I voted for both of them twice, and I'm glad I did.

They have been steadfast in their support of renter protection, something I and many other San Leandrins have been working for.

I am grateful for their attention to and consistent votes in support of the San Leander community.

I say this sincerely.

But San Leandro has suffered two investigations into these same council members' treatment of women they have worked with.

The first, brought because of the former city manager's complaint, found that both had interfered with her improperly in the execution of her official duties.

The second, brought about by councilmember Bowen's complaint, details witness testimony from seven women, eight if you include Councilmember Bowen, which I do, and one man, all of whom work closely with both Aguilar and Simon, and all believe both councilmen have intimidated and interfered with Bowen and other women, and that their behavior is based at least in part on gender bias.

Nine people have seen this and testified under oath about it, about what they saw.

It is impossible to believe there is no there.

We all know that both things can be true.

The councilmen are dedicated public servants and they exhibit the patriarchal tendencies and the male supremacism that have defined our relationships and culture for millennia.

I believe we all exhibit such behavior and must constantly guard against the expression of these tendencies.

But if this council is to move past this conflict and toward reconciliation, there has to be acknowledgement and change.

Please, I ask you, councilmen, to look carefully at your behavior and feelings to set aside your desire to win this dispute and to find the courage to commit to trying to do better.

I look forward to continuing to support you both in your future political endeavors.

Thank you.

The next speakers are Sarah Bailey, David Anderson, and Deborah Acosta.

I'm Sarah Bailey, and I'm speaking here as a member of the League of Stan Leander voters.

Councilmember Aguilar, this is for you.

The findings adopted by this council include bullying and harassment, retaliation and differential treatment reflecting gender bias.

Those are not procedural disagreements.

They go to character and leadership.

Public office is privilege.

It carries authority and influence when that authority is used in ways that retaliate against a colleague or treat women differently.

It harms more than internal dynamics.

It harms trust in this institution.

Disagreement is expected in public service.

Retaliation is not.

Debate is healthy, bias is not.

Strong opinions are welcome.

Diminishing others is not.

Leadership is not measured by avoiding consequences.

It is measured by how you respond to them.

I understand that these fightings are uncomfortable.

That's understandable, but discomfort does not invalidate accountability.

The residents of San Leander deserve a council that can disagree fiercely without crossing into bullying, retaliation, or gender-biased conduct.

That is not partisan standard.

Accepting the discipline, council member, do better and help restore the ethical standard this office requires.

Thank you.

Thank you.

The next speakers are David Anderson, Deborah Acosta, and Lacey Vong.

Okay.

Thank you again for allowing me to speak.

I was on the uh senior commission with Fred Simon for about seven years, and I observed him working with all the senior commissioners.

I'm going to ask you to wait to the next item, as this is Councilmember Aguilar's speciality.

I was trying to combine the two because together.

So I'll combine the two, because I mentioned it to you.

So uh and I reserved for it.

And I think a lot of times his passion to get things solved could be misconstrued as uh not wanting to work with somebody or just get something done.

We worked on the age-friendly uh initiative for the city, and when we got on it, they told us they had been working on it for two and a half years.

And we were trying to figure out why I always take so long.

And I'm kind of aggressive too.

I like to see get things done.

And all you guys are here have the same agenda.

You want to move the city forward.

So this is something that could have been resolved behind closed doors with legal, with the mayor, and with each one of you by saying Fred, you talk to Bowen and you say, look, uh, if you have a problem with the way we're communicating, let's work it out.

Maybe get some help, I'll sign help or inside help.

But it could have been worked out.

We could have saved a lot of money.

And I hope after you guys make your decision that it doesn't widen the gap.

Because a lot of times, when you're doing different things, it pushes you further apart.

And I hope whatever you come up with that you guys will be able to work together and move forward.

Because it's definitely heard the image of the city because they want to know why we're doing this, why are we spending so much money?

And I mentioned Shabow Road a little while ago, and they say they don't have the funds to do it.

This is one of the reasons we don't have the funds.

This is like an easy to sue city.

We've got a former city manager that's coming back because of stuff like this.

And we we can't do this.

We had a police chief that we terminated, and I thought he was doing an excellent job.

We got rid of him again.

And there's other cases, but my thing is that I work with Fred, I work with Victor, and I know that sometimes, like I said, you could be passionate.

Our next uh speakers are Deborah Acosta, Lacey Vong, and Kat Wellman.

Deborah Costus League of Sandlander voters, certainly.

That was very loud.

Um, this is regarding 10A.

An independent investigation was conducted.

The report was released publicly.

The council voted to adopt its findings.

Those findings include retaliation and abusive conduct.

This resolution is not about personality, it is about whether this council enforces the standards it has adopted in its own code of ethics.

Standards requires enforcement.

If the council adopts findings but hesitates to enforce reinforce them through discipline short of censure, then the code becomes advisory rather than binding.

This resolution affirms that retaliation, intimidation, and disrespect have consequences.

Not because they're unpopular, but because they violate institutional standards.

It also affirms something equally important: that when due process is completed and findings are adopted, there is closure.

Reopening or minimizing adopted findings undermines the very process this council established.

The community deserves a governing body that enforces its standard consistently and then moves forward.

Adopt this resolution, reinforce the code of ethics, close this chapter and return your focus to creating policies that advance our city's goals.

Housing, public safety, infrastructure, economic development.

Thank you.

Thank you.

The next speakers are Lacey Vong and Kat Woman.

My name is Lacey Vong.

I have been a resident of San Leandro for more than a decade, and it has been a pleasure to live here, except for what we have seen recently.

I'm also a member of the League of San Leandro voters.

I speak to you today as a former public servant who has personally administered the oath of office to those entering into public duty.

From that perspective, I find the current trajectory of this body deeply disheartening and the disservice to the standards of the oath that it represents.

The findings adopted by this council regarding council member Aguilar are not merely as the four other speakers said, procedural disagreements.

They included instances of retaliation, abusive conduct, differential treatment reflecting gender bias.

When I swore officials into office, it was with the understanding that public service is a privilege.

Item 10A is the formal execution of the decision of this body that has already already been made on January 20th.

If you hesitate now, your previous votes become purely symbolic.

The symbolic votes erodes the very foundation of public trust.

Public office does not grant immunity from standards.

This council itself adopted.

I urge you to finalize the resolution so we can begin the work of rebuilding public trust.

Thank you.

Thank you.

The next speaker is Kat Willman.

Good evening.

I'm Kat Wellman, president of Bayo Vista Improvement Association.

Victor Aguilar and Fred Simon are elected officials.

They were chosen by their constituents to ask questions, raise concerns, and advocate advocate on their behalf.

And they do a very good job of this.

Many of us are deeply concerned that taking disciplinary action based on some of the findings of this report could have a chilling effect on council members asking tough but necessary questions during public meetings.

Council members also deserve to be respected and heard, but disciplinary measures rarely resolve disagreements.

In fact, when there is a genuine dispute over the underlying allegations, as there clearly is here, punishment often creates resentment rather than resolution.

Public shaming does not typically lead to meaningful behavioral change.

Studies consistently show that it more often results in defensiveness, which only deepens division and blocks progress.

The city spent 134,000 on this investigation.

Many residents believe funds might have been better invested in bringing in a professional communications specialist to help the council work through differences constructively and respectfully.

Mediation and facilitated dialogue bring understanding.

Punishment often does not.

So the real question is what is the goal here?

If the goal is a functional, collaborative city council that can focus on pressing issues facing our community, then we need a plan for moving forward in a positive way.

San Leandro is facing serious challenges in a climate with diminishing funds.

Addressing these challenges will require trust, cooperation, and a major commitment from everyone on the dais.

Thank you.

Your time has elapsed.

Thank you.

Mayor, that concludes our comment cards from in the room.

So we will close public comment in person and we will move to open public comment online.

Our first online commenter is Mauline Dupree Dominguez.

Hello, can you hear me?

Yes.

Thank you.

Mayor and council, my name is Mauleen Dupree-Dominguez.

And I am a member now of the League of Sam Leandro voters.

Let us be clear about where we are.

An independent investigation was conducted.

The findings were completed.

Attorney client privilege was waived.

The report was made public.

And this council voted on January 20th to adopt those findings and to impose discipline.

That has already happened.

Item 10A is not a new accusation.

It is not political theater.

It is not the formal execution of a decision.

It is the formal execution of a decision that has already been made by this body.

If the council hesitates now or delays or attempts to reopen what it already voted on.

Then your vote becomes simply symbolic, and symbolic votes erode public trust.

Due process has occurred.

The investigation was independent.

The findings were adopted.

The discipline is limited.

When the process was followed.

At some point, leadership requires standing by your decisions.

You cannot waive privilege, publish findings of retaliation and gender bias, vote to discipline, and then retreat when it becomes uncomfortable.

Governance is not comfortable.

A vote must mean something.

And the public is watching to see whether it does.

Thank you.

Thank you.

The next online speaker is Lucas.

Thank you.

Can you hear me?

Yes.

Thank you.

Thank you so much.

Many speakers have so far spoken about what needs to be done about these measures.

I want to talk about what I think the city should do long term.

I urge the council to implement new rules into the code of conduct and the code of ethics that require council members who have been punished or censured or admonished to either strongly consider resigning or publicly issue a statement that explains their decision to stay in office.

I find it unacceptable that two council members who engaged in significant discriminatory behavior and serious misconduct on multiple occasions at this point, who are censured, who are about to be reprimanded today.

Shame on them for remaining on the council.

I thank you for releasing the Aguilar files.

I thank you for the releasing the Simon files.

But at minimum, at minimum, the city should have a standing policy that requires people like this in situations like this to either strongly consider resigning or explain their decision not to resign.

I want to remind the city council that Aze Vito, after being charged by the FBI in a corruption case, was on the council for months and continued to do the pub the people's business for months.

He denied any wrongdoing for months, maybe years even, until finally he pled guilty.

We cannot deal with these corrupt and untrustworthy people sitting on the council without at least explaining their cowardly decision not to resign.

Thank you.

Thank you.

The next online speaker is Adam.

Hello, good evening.

I just wish to say on this action item.

If it is not adopted by the council, then I would ask what are actually the anchored principles of this city council, and is there any type of accountability?

As a father, I'm trying to teach my young boys to be accountable and to become accountable young men.

And it's hard to find any of this at any type of institution that we see at various levels.

And I'd hope to find it at least at the local level within our city council.

I'll keep this short and just say I ask that the council affirms what has already been agreed to, acknowledged, and adopted.

Thank you for your time.

Thank you.

The next speaker is Melissa Wong.

Wow.

Hello again.

Um I'm not a member of any organized group, but I know I speak for many others who might not be able to speak tonight.

Um I may not be as polished as others, but please reconsider your vote and these draft resolutions.

The investigation report lacks find lacks um substantiated conclusions and findings only if someone actually reads it objectively.

And I had called for that.

I would quite I would say unfortunately, we have heard the report can now be used as factual without questions and forever.

And that is so unfortunate.

I'll speak a little bit later on that.

But as I've said before, an employer always checks facts, all of the facts before taking any personnel action.

There's been a lot of questions.

None of the folks who want this to be going away have actually mentioned any of those questionable facts.

This current council cannot possibly make any personal decisions without fact checking.

It is simply not fair.

Thank you.

Thank you.

The next speaker is Jesse.

Hi again.

Uh my name is Jesse Rubin.

I am an active member of League of San Langio voters.

Um at the end of the day, this moment is bigger than either councilmember Aguilar or Councilmember Simon and their unacceptable behavior.

You council and mayor adopted a code of ethics.

You created, excuse me, you created a formal disciplinary framework under Chapter 1.13.

You authorized independent investigations.

You adopted findings.

You voted to impose discipline.

If that chain can be reversed after the fact, just because it is politically uncomfortable, then the code has no force.

It becomes optional.

Future council members will learn the lesson.

One, you can outlast the process.

Two, you can pressure the body.

And three, you can relitigate after the vote.

And future complainants will learn a different lesson.

That is that even if findings are adopted, accountability is negotiable.

That is not governance.

That is instability.

A council that cannot carry through its own disciplinary vote sends a clear signal that standards bend under pressure.

If you weaken this framework tonight, it will not be rebuilt easily.

Stand by your vote.

Thank you.

Thank you.

Mayor, that concludes our online commenters.

Okay, so we will close public comment on this item.

I've got council member Aguilar in queue.

We will begin with you.

Thank you, Mayor.

I just wanted to talk a little bit about this item, and you know, thanks for the folks who came out to come speak.

I just wanted to be completely honest about what this resolution actually is.

This resolution is asking you to formally brand me as retaliatory, abusive, and biased based on an investigation narrative that stretches disagreement into misconduct and political friction into ethical violation.

This is a serious accusation, and it deserves more than a rubber stamp.

I will not sit quietly while my integrity is rewritten to fit a convenient storyline.

I have challenged colleagues.

Many of you, I have pushback.

I have refused to fall in line when I believe something was wrong.

That is not retaliation.

That is representation.

We were successfully able to pass the rent control for standing up for what we believe in.

If strong advocacy is now considered abusive conduct, then we are redefining leadership into something timid and performative.

And let me be very clear.

What concerns me deeply is the precedent this sets.

If disagreement becomes discipline and personality becomes ethics violation, then no one on this diocese safe from a weaponized complaint process.

This body should not codify political tension as moral failure.

I stand by my service.

And I will not accept conclusions that distort both.

Okay.

Um here.

I've explained to people in the public how I feel.

For every one email call, text we get saying, you know, well, this side, we get the same amount for the other side.

Uh meaning, you know, is there gender bias?

Is there not?

Um this is something that I did for both, but the comments right now are about um council member Aguilar.

We had this conversation.

I'm okay with a lot of the the um the wording we have.

But as I explained to the other colleagues uh on the dais, I am not okay with uh the last statement of reflecting gender bias.

I've worked with you guys.

Um I I don't find that yes, I did vote to accept the findings of the report, but I'm not gonna say immediately because I wouldn't answer my phone after the the council that night, but that following day I got more than one text or call saying, Hey, this is not uh what I said in the report, or this is different, and then we had a former mayor go in a public setting and comp completely turn around what we had voted on, and I can't sit here now and just throw that out the window.

The the moment that I voted on it in the past, I didn't know a lot of the situations.

I I didn't know what was going on.

I wanted to listen to everybody.

I do think you guys messed up.

I do think you were rude.

I do think it was unbecoming of a council member, but I cannot agree that you guys have a gender bias.

All the other stuff, sure.

You guys may not agree with it, but there's enough there for me to say oh okay, yes.

So and it's hard because I don't want to do that to anybody, but I also want to stand up for council member Bowen.

Um I do feel that she's been hurt in this and your guys' actions well.

Um I can only speak to one right now.

But I don't want to do I don't want to do this twice.

So your guys' actions cause that, and I really wish that we can get past this, but the only way that that I'm gonna be able to do this, and and I wrote it down because I didn't want to just be a problem guy, but if on that last sent sentence, instead of it saying uh and female employee differential treatment reflecting gender bias, uh I would like it to say treatment unbecoming of a council member, but everything else stays.

Um that would be my request here that would move me.

Uh and that would stand for both uh of these um items.

And I'll stop there.

So just to clarify as chair, so we've got on page two of the resolution towards the top of that page two, there's a sub letter C.

C.

That's correct.

And you would take the last three words of that sentence.

You would mark those three words out and say what three words are a treatment unbecoming of a council member.

So where it says treatment reflecting gender bias.

Yeah, so treatment to differential treatment comma reflecting conduct unbecoming of a council member?

Yes.

Yeah, I'm sorry, yes, sorry.

Yeah.

So we're how it says and a female employee to differential treatment and reflecting gender bias, it would say and a female employee to treatment unbecoming of a a council member.

Are you also scratching out the word differential in your proposal?

Yeah, because if you go differential, then you're just saying it's almost still reflecting the same thing as a gender bias.

If they're being look at I've had council member Simon come at me hard in personal conversations, and I appreciate that.

That's how I like to operate.

And so I assume he does that with everybody.

Um, and so that's why I'm requesting that.

Okay, so I'm going to read the full sentence to make sure that I understand what you're proposing, and then we can work off of that in case others want to make a motion in that regard.

Or you could as well.

Councilmember Victor Aguilar Jr.

subjected council member sua Bowman Sua Bowen, comma, female city council members, comma and a female employee to treatment unbecoming of a council member.

That's correct.

Thank you.

Who would like to proceed?

Vice Mayor.

Thank you.

I'd like to address some of the statements from Councilmember Aguilar that he just made.

What was the findings that are in the report?

Um, not um political tension or disagreements over policy or a very spirited debate on policy issues.

Rather, the investigation found that council councilmember Aguilar retaliated against Councilmember Bowen after her vote on the censure.

Further, it also found that he attempted to besmirch her reputation after she was physically violated by a mutual acquaintance.

That is not a policy disagreement.

It is behavior.

Further, the report found that the council members objected council member Bowen and others to differential treatment that reflected gender bias.

I am going to make something crystal in case it is not clear.

I will not continue to do additional unpaid, unrecognized, never-ending emotional labor of explaining to my colleagues on this council why we need to hold each other accountable.

To this day, I have not known that my colleagues have apologized for their behavior or acknowledged the impact of their actions.

And when I came on to this council, um, I made clear that I wanted to work with everyone on issues.

And to your point, Councilmember Aguilar, that I actually do think that disagreement over policy issues and talking them out makes the policy better.

But this that's not what happened here.

This is not strong advocacy distorted into something else.

And this is not about personality or setting a precedent that disagreements over approach would put someone in a position of vulnerability to investigations.

And when I when I have said something that had did not have the intended impact, or when I have done something that did not have the intended impact, I apologize.

And I've done it from the dais.

And I think that we can exercise a little bit of humility and do that.

We will have a conversation later about what that may look like, but I just want to throw it out there that an apology tonight would go a really long way.

At least as a member of this body, wanting to work with everyone, it would mean a lot to me that you would apologize for the behavior and the impact.

I cede my time back to the chair.

At this point in time, we go to Councilmember Bowen.

Thank you, Mayor.

Um, just want to share a few things.

Um, you know, there's been questions around you know why this happened.

Uh ultimately, I wanted misconduct to stop, and I wanted to stop the harm that was occurring to me, what I was experiencing.

So much of the conversations we've been having have been to do with others on this council, and council member Aguilar tried to frame it as a policy um discussion or a disagreement.

And the reality is it hasn't been a year.

I appreciate your apology.

It has been a year since I was public with this, going to HR, asking for help because I was emotionally, physically, mentally harmed.

I should not have to walk into a walk like a toxic work environment.

And I specifically asked for a year before for the behavior to stop, and it did not stop.

So I did actually try really hard to work within the system.

And I just want to clarify a few things about the process with both you, mayor and city attorney.

And I'm gonna kind of go rapid fire with this because um there's a lot of questions.

Um in September 2024, who adopted our code of ethics?

Mayor or city attorney?

City council did.

City council did.

And do we look at that code of ethics on an annual basis when we look at our handbook?

Yes.

And have we adopted it since uh this year?

Or last year?

Great.

So everybody on this council has multiple times acknowledged the code of ethics, has access to it, should be able to read it, understand it, ask questions if they have any, correct?

Yes.

Thank you.

Um, and the process for discipline.

When did we we adopted that last year, the year before, correct?

City attorney, mayor to the city attorney.

2024.

Thank you.

And when I sent um when I came to staff and I shared what I was physically, emotionally, mentally experiencing, and um staff actually advised me um that the process would be to go through an HR investigation.

But who actually authorizes an HR investigation?

The city council, if it involves a staff member, um, one of our employees, city manager, city attorney, or a councilman.

So this council, except for myself, councilmember Aguilar, Councilmember Simon.

Correct.

Great.

And who chose the investigator?

I believe that was like who authorized and approved it.

So that we authorized the payment, we set aside the budget, the selection, I believe, was city attorney working with HR?

Correct, working with the HR department.

Great.

And throughout the process that lasted an abnormally long time, did the council have an opportunity to talk to the investigator and review the report?

Yes.

And did the council I'm just gonna I will not accept the abnormally long part, but everything else, I'll say yes to.

Sure.

Maybe not best practice.

Great.

Um, it was you know, eight, nine months.

Um, so council actually authorized the funding, council authorized the investigation, council reviewed it.

Who then who adopted the investigation?

City council.

City council did.

And when was I and Councilmember Aguilar when Simon, um, when were we actually allowed to be able to look at it?

Approximately October.

The end of October.

And the only way that we would be able to look at it would be through a discipline process that we formalized, correct?

The process that we went through to be able to allow us people to see it, followed the discipline process that we created, correct?

We followed our discipline process to the team.

So I followed everything that we, the council, actually, the council that is going to be voting on this short of councilmember Aguilar and Simon and myself.

This was the only process that I could go through, correct?

Because as a council, we have to regulate ourselves.

I just want to confirm that.

We regulate ourselves.

Great.

And so this is the final step in a process that we went through.

And I have another question about um the money that was authorized.

If misconduct did not occur, would we have to pay for investigation?

Yes.

Yes.

We would start.

Oh, I'm sorry.

If if I never had to file an HR complaint, would we have to go through this process?

If there was no complaint, we would not go through this process.

And the thing about me going to HR was because these are things that I experienced, and because we take this seriously, we actually hired an objective outside investigator that does not work with the city of San Leandro.

That is a professional in this space that did an outside investigation that then interviewed others and nine other people that have worked with councilmember Aguilar in the capacity of a colleague with this power dynamic, was able to share their experiences that also affirmed what I knew to be true.

And I have a question around a gender bias to the city attorney.

Given the fact that we have been in litigation with previous um our previous city manager, um, and the fact that we just went through um training about discrimination and protected classes.

And if there has been an independent investigation that has objectively found that there is gender bias, and we have adopted it and then chosen to remove that, does that increase legal exposure for the city of San Leandro?

Certainly, yes.

Can you expound a little bit on that?

And when we say legal exposure, what that actually means, because we like to talk about money.

Well, certainly legal exposure would be damages, which would be monetary damages.

And then, of course, this is all based on legal theories that if the leadership, the council, does not take such complaints seriously, then there is an argument, of course, and a legal theory, that someone who is an employee of the city or someone who has been harmed by the city, perhaps a consultant who has experienced a violation of FIA, Fair Employment and Housing Act, they would be able to point to the behavior, the facts as they're existing now in the moment, that's to make an argument that of course leadership is unserious about these types of allegations and is not addressing them in a way that uh would be would process, would be uh serious and taking them seriously.

Thank you.

And then I just have one last comment.

I know I've gone over time.

Um the reality is that on this council, I take my job very seriously, and I advocate very passionately for not just my constituents in District 5, but across the city of San Leandro and across the state, and when I go to my um when I'm able to step outside of the city in this capacity, I took it really seriously.

And the reality is that I want to be able to advocate for my community.

I want to be able to have a disagreement.

I want to be able to vote on something and not be retaliated against.

And that was the problem.

So the gaslighting that continues to happen is mind blowing, and I'm just asking for it to stop.

The last thing that council member Aguilar said is I will not accept you know, acknowledgement or accountability of of what is stated here.

And that was the whole point was just to acknowledge that it happened.

That was it.

And honestly, I didn't ask for much.

Acknowledging that it occurred is the bare minimum.

Thank you.

Councilmember Simon, please.

Oh, sorry.

There you go.

Thank you.

Um, similar to uh councilmember Bolt, I'm gonna kind of reference myself and Victor Aguilar at the same time because we are intertwined in this.

We are in the same report.

We are um interviewed by the same investigator.

Um so I'm gonna kind of speak both.

I'll go into mine later as well.

But I do want to say up front, um, I gr I regret that council member Bowen felt that I was biased, as I do not feel any bias towards women.

My only intent was to cast my vote on what I felt and I still feel are the merits, just as I voted no, and council member Aguilar voted no on a male council member, Pete Bellou, just a few council meetings before Sue was, excuse me, councilmember Bowen's vote.

And that is not raised in the investigation or discussed in any proceedings.

I treat women the same as I treat men, races, I treat everyone equally.

And sometimes maybe it comes across a little harsh.

Uh one of the speakers said, I'm passionate.

Councilmember Aguilar is passionate, and I've seen it in many ways.

Well, I will ask you to focus all of your commentary on Councilmember Aguilar.

Have you been a little bit of latitude?

But this is not about you right now.

Please proceed.

Okay.

What we have before us tonight is we're faced with an issue of ethics.

What is right and what is wrong?

And I do believe the process that we are following does not follow our own code of ethics, which we have adopted.

I posed two questions.

Number one, are we following the spirit of the laws for our code of ethics?

Number two, are we following the laws themselves, both state and federal?

And there's an item later, item 10 D, where I have questions to the city attorney on that, and we'll we'll talk about those later.

And again, I I mean I do want to show respect to my colleagues and council member Bowen, because you have been through a lot.

And one thing I will say, this has taken way too long, way too long for you to raise these questions over a year ago and to just be getting to this, whatever we are, 13 months from now.

Um so I do acknowledge that, and that must be very hard.

But an overriding question on all of this, and we talk about due process, and I'm just gonna read you.

Okay, so I'm gonna stop you because your commentary is supposed to be on the resolution.

That sounds like we're relitigating a decision that's already been made by the council.

So if you are saying that councilmember Aguilar, his due process is being violated in the words that are chosen here, you need to focus on the words that are chosen because what is agendized is not our past decisions or future, it's literally what's agendized is this resolution.

So let's focus on this resolution.

Otherwise, we have potentially a brown act violation.

Okay.

All right.

I in fairness heard my other colleagues speak about issues of due process fairness.

So I was just trying to be afforded the same opportunity.

I'm just saying I don't think the process is fair.

Um, and I'll just put it out there.

Um talk about fairness.

I don't understand how the accuser can vote on the accused, and we call this fair.

So I think we really have to take that into account.

We really should.

But back to the gender bias claim against Councilmember Aguilar and myself.

Um that's the most serious claim of all, of all these claims that are in there.

And I would agree with Councilmember Bolt.

I'd be willing to support letting the other ones stay, but I do believe the gender bias needs to come out.

And my reasoning is some of the evidence that was used in the report using the Cal report has been shown to be false.

And some of this came after the decision was made to find that report as fact, which leads to much of it and some of it being referenced by the former city manager who was referenced extensively to be questionable.

And that former city manager, she did state in the report falsely that false information that was verified by the former city mayor, the mayor Immertres.

Because of that, I would say that we have to be very careful what we decide here.

Um, and I do not feel there is enough evidence that is verifiable to show that there is gender bias, and I support the recommendation to leave everything except for um changing that last sentence to show that's to the treatment unbecoming of a council member.

Okay, I'm gonna say a couple of things, and I'm gonna come back to my council members.

In particular, how we got here.

Because there's been statements that made that suggest there have not been behind closed door discussions, and nothing could be further from the truth.

There have been behind closed door discussions.

This is this is the very end of a long and tortured process.

So please understand members of the public.

But it didn't begin with just a um willy-nilly decision to just, hey, let's let's go and have some disciplinary action.

That's that's not how this works.

And any intimation to the contrary is simply incorrect.

But what I also want to know for the public to understand is that when in when we as a council hire an independent investigator who is a defined by her colleagues as a super lawyer with a focus on this particular area of law, uh we've made a decision that we're going to rely on the expertise of that individual.

And so right now I'm really struggling on how we can take the work of a highly qualified individual who is highly respected in the legal community, and then say, well, guess what?

If we had given you more money, you could have done more interviews and collected more evidence.

And we're perhaps shortchanging the work that she did because we didn't give her more time to do more work.

But based on her professional experience and many, many years of legal work in this very arena she reached the conclusions that we did.

So right now I'm inclined to keep exactly what she found and keep the resolution as is.

So to be clear, I'm not making this assumption that they don't have gender bias based on a male opinion or Dylan Bolt's opinion.

I said that I got multiple calls from people.

And have women, not believe me, I'm not you know brought it up with people going, no way, this is not true.

It was actually women who were either named in the report and disputed the report, whether it was publicly or behind a closed door with me.

So it's not easy to do this because I know how you feel about this situation we had this conversation.

So I'm not upset that you'd question me on it.

I'm I'm not gonna go into the well, don't question me, I'm a man, and there's no way if I'm a man, I can't understand gender bias.

I'm not doing any of that.

And if I'm not comfortable, because I haven't seen it.

Um I haven't dealt with it.

Um the incident that that I dealt with with Vice Mayor or around the vice mayor.

To me, I'll say it again.

You guys don't like each other.

And and you guys do things that affect the way Councilmember Bowen feels.

But I don't think I think if it was a male.

I saw him do it to Pete.

And it hurt me sitting in the stands when you guys didn't vote for this thing about a stupid sign.

I thought that was extremely disrespectful and unbecoming of a council member.

And so that's where I said I don't think they have a gender bias based on their actions with you.

I think they're they do things that they shouldn't do to a fellow colleague to a female fellow colleague.

I told you before, I I am not gonna see these things when they're happening.

I am a man.

I've walked this earth as you say as a w I'm a man.

I walk it as a man.

So I don't pick up on these slights.

I even told members of the the audience who have told me, make sure you're watching out.

And I said, I'm sorry.

But what I do know is they won't be disrespectful to you.

They won't call you out of your name, they won't do the things that I can see, and I still stand by that.

They may do these things that are slight-handed and and I don't agree with them, but I don't think it's a gender bias, and that's where I'm at, and that's the only thing I can go off.

If I have to be able to look and say, okay, did I do the right thing?

And as I go through this time, it is not easy to tell you I want to take it out.

I know you guys are upset.

The w a male saying to two females, I want to take it out, and you guys want it in, I get it, but I still need to be sure that what I'm doing is the right thing, and I don't see a gender bias in them, and I've been told by too many people, yeah, I don't know.

That report, this is what I said, and that affects me.

So I know this is not usually our practice, but I would actually would like to request a five-minute break.

To step away and just we have gone typically we break at nine o'clock.

It is essentially nine thirty.

I think we would benefit from a bio break.

Get a little bit of sugar into us.

And so what I'd like to do is propose that we come back.

If uh Madam Clerk, you can set a timer for 10 minutes.

Thank you.

So we will stand in recess for 10 minutes.

I I appreciate your accommodation.

Thank you.

Okay, so we are back in session.

I've got Vice Mayor in queue.

Please proceed.

I'd like to uh make a motion to extend our meeting to eleven o'clock to accommodate the rest of the items of the agenda.

And the motion carries unanimously.

Um to council member Simon next.

Yes, I just wanted to kind of can continue or follow up on the discussion I was trying to have.

So I want to clarify one thing quickly.

Sorry, and I'll give you your full time.

I had forgotten that right before we broke, there was a motion and a second.

Motion and second.

Okay.

Sorry, coming back to you and sorry for interrupting.

Okay.

Yeah, I just wanted to have an opportunity to complete the discussion that I was trying to have when I spoke the first time.

And I just want to make sure that we're all treated fairly and equally on this council, every one of us.

And I just want to say that Councilmember Bowen, she asked questions, and I support the questions she's asking, but she asked questions that were not directly onto the text of the of the um resolution.

She has questions about the process, who approved it, um whole litany of questions, which is fine.

Um, but I was cut off, and I was not allowed to do the same, and I don't think that's fair.

So I'm requesting that you allow me to ask similar questions or statements, and it won't take a long time within my time limit as council member bowing.

Please proceed.

Okay.

So it goes back to ethics and what is right and wrong.

And so many times we're hearing tonight, this document was found as facts, and this was approved by the council.

But I have to, I gotta hit this home.

I gotta say it again.

And we talk about due process, and I'm gonna I I need to really say this.

Due process, fundamental right guaranteed by the U.S.

Constitution.

It protects people against arbitrary government decisions and ensures fairness in legal matters.

And I'm gonna highlight that word fairness.

And I'm gonna go back to should the accuser vote on the accused.

Should Councilmember Bowen have a vote on Vice Member Aguilar?

Is there anyone on the council?

That's that's a question.

And what she did is she asked questions and then we gave answers.

Okay.

So the answer to that question is under the process adopted by this council.

The answer is yes.

Okay, my question is ethically, this is a code of ethics.

Ethically, should accuser vote on the accused.

So I think it's ethical to follow the adopted process that this council adopted.

I will ask city attorney if he would like to weigh in on an ethics question beyond council following what it has adopted as its process.

I have nothing further to add to that, Mayor.

This is the council's process and its choice.

Okay, let me let me continue, please.

Uh is there anyone on council that actually believes I'm not talking about the what's written on the piece of paper.

This code of ethics, this is the first code of ethics that this city has adopted in the 150-year history plus history.

This is the first revision.

Whenever you have a first revision, obviously things need to be changed.

Does the council actually believe that this is an ethical process, or did it slip through as a mistake, an unintentional mistake, as the first and only ethics policy.

This item of updating our policy, it's going to be considered as a priority just in four days on March 6th.

It's just on Friday.

And why are we acting on something now if we believe it's wrong?

I believe it's wrong.

Even the appearance of unfairness undermines trust and trust is what we need to build our community.

I just want to get that out.

Um that I don't feel this process is fair.

I do believe Councilmember Aguilar is being treated unjustly in this entire process.

But I do want to recognize, and I will agree with Councilmember Bull that Vector Aguilar, you have not acted, and me neither.

And what's becoming of a council member?

We could have behaved better.

Let me put it that way.

We could have behaved better.

And we will behave better.

We will.

I guarantee you we will.

But this is not the process to make that happen.

But I believe the process is, and I've heard this from public commenters.

It's restorative justice mediation.

And that's an item after my item comes up.

Um that can help us to communicate and work better together.

It will help mend the gaps in empathy, trust, and respect between us council members.

So we have work to do to work as a council well, and I believe we can do it.

But I will go back to I wholeheartedly believe this is not a gender issue.

This is not a gender issue.

So I will remind the public that you, Councilmember Simon, you made the motion for disciplinary action against Councilmember Aguilar.

That motion was seconded by Councilmember Bowen.

And then we took a vote.

So it was your request that this take place.

At this point in time, I'll go back to you, Councilmember Simon.

Just to clarify, my discipline is restorative justice mediation.

That's what I believe discipline that will help us move forward as a council.

I believe we need to move forward and that's my form of discipline that I recommended for council member Aguilar, mine as well.

But I know there's more on the table tonight, and I accept that.

I accept more.

Councilmember Bowen.

Can you I'm sorry, that was a very confusing answer.

Can you clarify what the actual motion that council member Simon made that I seconded was that got us here?

I'd have to go hear the exact words in the meeting, but we were talking about disciplining on the findings in the report because first we adopted the findings of the report.

Then there was a statement whether we should be having discipline based on the findings in the report.

This resolution that we have here today is based on the findings of the report.

That's what I can say.

And it was all of the findings of the report.

We did not say we disagree with or want to remove the findings of the report.

So this is the complete report that we, the council, approved and directed staff to be able to come back with this discipline, a resolution that states the findings and simply says it is a violation of our code of ethics that we adopted, and that it should not continue to occur.

I so I have a question to the city attorney.

If we have adopted the findings, all of the findings as stated, then do we not have to include all of the findings that we adopted and that we directed to be included and to be acknowledged and admonished.

That was the direction the council to me.

That was the direction from the council to me to prepare, which is as stated in the uh the policy, chapter one-13 of the administrative code.

So that's what I heard, and that's what I was that's how it was drafted.

Thank you.

So again, to follow our process and to follow the vote we already took on to finish this process.

Um I would like to then call the question if nobody else has um discussion.

May I ask you to withdraw that?

Sure.

Let's vote.

Okay.

Great.

Yeah, can you clarify one?

The vote is to adopt the resolution as is.

That's what was proposed, and that's what was seconded.

All votes are in, and the motion is tied.

Three yeses and three no's.

So the motion fails.

So with the motion failing, we have a council decision to have disciplinary action.

So then I turn to my council colleagues and say, how would you like to proceed with another motion?

Councilmember Bolt.

Uh I would like to propose a motion to strike those words and add unbecoming of a council member, as I had stated in the beginning.

Okay.

So we would, I'm just trying to find where I took my notes.

My apologies.

Do you want to read the so we will take the motion?

We will um so we have received a motion from council member bolt to adopt the resolution as written with one exception, and that is that on page two at the top of the page under subparagraph C, parenthesis C, close parenthesis.

That will now end with the words and a female employee to treatment unbecoming of a council member.

All other words remain the same, correct?

That's correct, but I I would like a clarification.

I think we just voted and we did it wrong.

Meaning councilmember Aguilar should not have voted, so it should be three two for the record to be fairly depicted.

Thank you for noticing.

So our record should reflect a vote of three two.

Thank you for calling that out.

Yes.

Okay, at this point in time, um, is there further discussion on this item?

So we will begin with councilmember Bowen, then go to Councilmember Simon.

Thank you.

And um thank you, Councilmember Bolt, for trying to work on figuring out this resolution.

Um there's I think two parts of this actually, because factually on October 20, um on January 20th, council adopted the investigative investigation report and all the findings pertaining to council member agilar on the investigation report.

That's factually true that we did that, that we accepted that.

Um so in or if we are going to not include admonishment for it, I would still like the inclusion that we the council are taking that out in this resolution.

Because we are we we it's stated here factually just a recollection of the process that we accepted the findings and the findings were of gender bias.

So we are accepting retaliation, bullying, harassment, and we the council will not admonish the gender bias finding.

I don't know how we want to wordsmit that, but that's actually what we're doing here.

So I want to be reflective of what we're actually doing on the council.

And I do want to just procedurally apologize and want to come back to you, but I didn't actually get a second, and I'm assuming that's gonna come from you, Councilmember Simon.

Are you going to second the motion?

Or is anybody seconding this motion?

So council member Simon.

Yes, I second.

Okay, so we've got a motion by council member bolt with the second council member Simon.

And I think what you might be saying is that you'd like to uh suggest some additional word changes.

Is that what I'm hearing?

Correct, but would that not be an amendment to his motion?

It that's one way to handle it.

Well, however, it works, but I just want to make sure that we're actually um following not just our process, but again, this is a uh a legal document, it's our resolution, and so it states that we have adopted all the findings.

So I need it to also so that we follow this process and our you know, ensuring um that maybe we can mitigate some of the legal exposure that we're putting ourselves in right now by removing gender bias, that we the council have accepted the other findings, and we are choosing to not admonish and discipline gender bias.

So I want to be I don't want to put words into your mouth, so please just work with me here for a minute as I try to make sure we're all on the same page.

The findings of the report are clear, and the findings of the report have been adopted by this council.

And so I think what you're saying is make sure that the that nothing in this resolution contradicts what is already a council decision, but rather simply clarify that action is not being taken on that last piece.

Correct.

We are not admi we are not admonishing, and we are not um uh what is the the first one that we did.

Yes, reprimand and admonish.

Yes.

Okay, that's a that's a very important distinction.

So I'm gonna come back to Councilmember Simon.

We can work on the formalities, whether it's a substitute motion or uh a friendly amendment, but I'm just trying to understand, I want to come back to you, Councilmember Bolt, I should say.

I want to make sure that we're in agreement in our understanding of what Councilmember Bowen is is talking about here, and to see if you might be open to to this clarification.

She has made clear that the council has already accepted the findings of the report, but we are making a decision potentially tonight to not reprimand or admonish for that third finding.

Would you be open to that language of clarification thank you for working with me?

Um my problem is is that we're saying is the reason I'm not if I believed they had a gender bias, I'd be voting yes.

Yes, I did vote to accept the report.

But really closely to immediately after I had too many people tell me give me stories about the report or why this is that.

And so I accept the fact that I voted to accept the report that had gender bias in it, but I can't now say I agree that they have a gender bias.

And I have a feeling that these words that I I'm open to figuring this out, but I'm not open to saying we no longer want to reprimand because if I felt they had a gender bias, you know, I would be a hundred percent in.

So I the fact that I accepted it, and you know, I made a mistake.

That's all I could say right now is I made a mistake.

I I thought I was doing the right thing.

I I listened when I asked if I could go back and ask questions to some of the people, and I was told no, you can't do your own investigation.

So I accepted it the way it was, and I can no longer do that.

So do we have to go back and re-accept the report?

Gosh, I don't want to do any of this.

And if what we're saying is is that I don't want to say that I'm not willing to admonish or reprimand to people who have a gender bias.

I'm not willing to say that because that means I'm accepting that they have it, and I'm not willing.

I'm telling you, I don't believe they have it.

I know you want to stay so cool.

I'm gonna ask you a clarifying question.

And then I'll come to my council members.

So again, we're at page two.

So instead of wordsmithing specific lines, what if I took A B and C and just deleted A B and COVID?

Okay.

So I just again just exploring the possibilities because the the goal obviously is to figure out something that would work for everyone present.

And we don't have plenty of time to speak, but I'm just curious as you're exploring in your commentary.

So the word of the the city council adopts investigational reports and all the findings printing to council member regular, but take A B and C out.

So food for thought.

So I'm gonna come to Councilmember Bowen.

I know you've been in queue waiting.

I put you in.

There we go, Councilmember Bowen, please proceed.

Thank you.

I uh one of the things that is critical step in any sort of uh resolution, whether it's mediation or any anything is to be able to name and acknowledge the actions that have occurred, and so to not explicitly include the actions, the misconduct would reflect that we are minimizing that conduct because we are literally just um we need to just explicitly state it.

And again, this is also the direction that we gave council was to be able to you can't call it out if you don't name it.

Um so I have a I have a problem with removing it.

Councilmember Simon This question may be for our city attorney, and I'm just trying to understand this adopting of the of the report.

City council adopts the investigation report and all the findings pertaining to Councilmember Aguilar.

And we heard through Councilmember Bowen, he has excuse me, Bolt, he has new information, and perhaps that wouldn't have been done.

Perhaps as far as tonight, this sentence, the City of Council adopts the investigation report and some of the findings pertaining to the council member Aguilar, because it sounds like there are some areas that council member Aguilar can improve.

My my me too.

What would be the impact if the words were changed to say some of the findings?

City attorney.

So to be clear, the council already adopted the findings of the report.

That's it.

It already adopted the findings, and these are the findings in the report.

What I councilmember Bolt is requesting that the council considering as it pertains to differential treatment reflecting gender bias be altered, even though that is not what the investigator found and so the report belongs to the council.

This resolution belongs to the council.

And Councilmember Bowen rightfully points out, you have an investigation report.

It is what it states, it states what it says.

It is made these findings.

If you're gonna adopt a different finding, you're gonna adopt something that's different from that finding, then that's a council choice, but that you're not making that finding then.

And that finding would be a council choice.

That's a council finding.

That's essentially what is being asked at this moment in time.

Is that you've reviewed the facts, you've reviewed the investigators' report, and as it may happen, the council may not accept the finding, but you've already accepted the findings.

And so at this point in time, this is the council choice.

We are moving forward with a resolution that does what the council has said was gonna do, take a disciplinary action, admonishment, um, and condemnation.

And it needs to do that based on facts.

And you've already adopted the facts of the report.

The council, councilmember Bolt, I'll just repeat it again, is saying to the council, do we have enough facts to say that it wasn't gender bias?

But I think it was something else.

That's what's before the council.

So my question to the attorney to you is what do you recommend tonight in this resolution to address?

That's not my place to say.

As far as language, you can't provide language recommendations.

That's not a legal question.

Yeah, this is uh this is a council choice.

Did you help draft this?

Certainly.

Well, if you drafted it, I mean respectfully, if you helped draft it, could you help amend amend it?

I would look to the council to ask for that.

I would my thumbs up for me.

There's not a motion on the table of some kind, but it would be out of order, I believe.

So let's focus right now to see if we can work through getting language because this is council language.

A city attorney rightfully pointed out, the investigation was done.

There are investigation findings.

That report is what it is.

If we want to have different findings as a council, that's up to us.

But the investigator's report is investigators' report, period.

It's done.

At this point in time, I'm gonna go to Vice Mayor.

Thank you.

Um have a question about whether what is the number of votes needed to sustain an action right now, being that one of the current members of the dias can't vote.

What is the threshold we need to meet to sustain uh city?

A valid motion.

Uh thank you, Vice Mayor.

You still need four votes.

We still need four votes.

Okay.

Um so there's so what what I mean it I just reading the tea leaves.

Um it doesn't look like there will be four votes for the motion striking gender bias with the language uh proposed by council member Bolt.

Um what what happens then?

So we can do any of a variety of things as a council.

We could, for instance, we could postpone this until a later date.

Have some discussions, have further time to think about it so that we're not just in the heat of the moment trying to resolve it.

We could pick a time in the future when we address this again.

We could go around in circles.

Three, three, three, three, three, three.

Three, two, two, three, three, two, two, three.

Okay.

Um that's the would you like to table this until a future?

No, I do not.

I this needs resolution tonight.

The the longer this stays before us, we just don't move on.

We don't address the problem.

So I will cede my time back to the chair, seeing that council member Bowen would like to speak.

Councilmember Bowen, please.

Yes, so to I am trying again to work towards a resolution.

I have been trying to work towards a solution since this started.

And I hear what council member bolt is saying that he uh I mean we can play around with the words, but factually the report findings have been adopted.

We just went over that.

And you have expressed that you don't want to admonish them for gender bias because you don't believe it to be true.

Whatever reason it is that you don't want to admonish them for it, you don't want to admonish them for it.

So if that's why I'm if I want this to be able to end, I am willing to have you include that we will not admonish for the last finding and that we are admonishing and um disciplining for the other three, but that needs to be included so that we can be accurate because that's actually what is happening.

We cannot go back and say we are now changing our mind about what we accept and don't accept.

That's not what we're doing here.

You want to edit it to say that the um we want to be able to discipline for three of the four things.

I'm asking that if we're going to do that, and I would be willing, even though I believe with every fiber of my being that it had did occur and continues to occur, and we can have a whole long conversation, maybe a little retreat, just you and I, we could talk about all the little ways that it shows up.

Um yeah, it'll be great.

Um but it needs to if we're going to actually do this, then we have to do it right because that is what is actually happening.

Councilmember Bolt coming to you.

I will accept that if we just add based on new evidence.

Yeah, there is.

For me, there is and and I get it.

We cannot have it, but for me, we've heard evidence, we've had people tell us they didn't want to be very careful, because when you say we, who is the we.

Okay, so I'll go back to the vice or the former mayor, was very open in a public forum saying I did not say those words.

Okay.

So that was in the quoted in that report.

So I think we need to be very careful about how our interpretation of the people of creating the uh body of work that says they're gender bias.

And if you pull one, if you just start pulling the threads and people are saying, no, I didn't say those words.

How can I admonish them for things that I'm knowing in the report are now told, no, I didn't say that.

I did not say those words.

And for me, if we're willing to acknowledge why, I okay, yes.

I said it, I'll say it again.

When I first read the report, it's disgusting, it hurts, it's wrong.

All of my parts were right.

I was willing to accept everybody else's because I didn't ask no questions of anybody.

And I still didn't after, because I was told you can't go do your own investigation.

You can't ask, you know, once we had the report, go ask someone, did you say this or say that?

I followed the rules, but then I had people come to me and say this isn't 100% real, Dylan.

And and then on top of that, you have public setting.

That's just not behind closed doors.

Now you got a public setting.

Uh from a dais saying, I didn't say those words.

So with that, if we're not willing to acknowledge that the information that came after, I'm willing to accept what's being presented, if we can acknowledge why, because I don't want it to say we're not willing to admonish or uh or discipline council members who have a gender bias that doesn't work for me.

So if we can do that part, then yes, I I'm uh amenable to that.

I'm a little bit confused though by the answer because I think what you're basically saying is you're not willing to do what she has proposed.

If we add the sorry, just if we add with the new information.

That's all I'm asking.

Is it where it because I get what council member Bowen is saying?

She's saying, hey, look, to be I know you don't even want to say these words, but you're really trying to work here.

I get it.

And you're saying, like, look, we accepted this, and I did.

I I accepted it.

I'm taking it on the chin right now.

And we're not gonna discipline based on what we found or what this investigation report has told us.

But I don't want it to period end as if we're not willing to, because I am willing to if I believed it, once I decided that this has gone too far and too many people have told me that, I am not willing to accept it.

But I don't want to go back and reaccept the report and go through this whole process again.

Okay, well, I'm I am gonna say a little bit about investigative process.

You can always keep investigating, keep investigating, keep investigating, keep investigating.

At some point, you just have to stop an investigation.

And I am aware of two sources of disagreement.

One being the comment by the former mayor, and one being the union representative that came here and spoke.

I'm not I am personally not aware of lots of other people saying that there's a challenge with a report.

So if there are other challenges, I just need to be clear, none of that's been presented to me.

And this is what I did for a living, so I would expect that I I understand how to balance all that information.

It's important for the public to realize that the standard, it's I think it's written actually in the report's a preponderance standard.

More likely than not, it's like 51% to 49%.

It's not this absolute truth that you know with certainty.

That's not the standard.

So that's why I'm struggling some.

Um so let's I'm gonna come back to Councilmember Bowen at this point in time.

Um if we look at the resolution, the entire first page of the resolution outlines what occurred.

So we according to our own process did not do our own investigation, because I could also bring forward many other people that have actually shared many things with me about experiences they've had with members of this council that actually refute some of the things that you say your folks said.

But that's not where but that's not but that's not where we're basing it on, right?

We're basing it on the findings.

And so I'm just trying to work, we could not go forward with the discipline process until we completed the investigative report and accepted the findings, and that's where we're at.

And so though, you know, it's like whereas vice mayor referred to the findings applicable, whereas you know, we started the investigative report, whereas in January 5th, the Stanley Rooketon um waived the 20 client privilege, whereas in January 20th, the council adopted the investigative report and all the findings.

And so if we're not going to accept all of the findings, or we're not going to admonish based on the findings, we just have to say that.

That's all I'm saying.

And that's literally what's doing.

I'm just asking us to include in the language what is happening.

Okay, so at this point in time, we have it all.

We have a res a um motion by council member Bolt with a second from council member Simon, and that is to adopt the resolution as it's written, with the exception of on the top of page two under paragraph parenthesis C, close parenthesis, that that paragraph would end with the words a female employee to treatment unbecoming of a council member, period.

Please vote if you agree with that.

All votes are in.

Councilmember Simon.

Okay, so to try to help move this along, and I'm gonna ask the question because we're gonna need council approval to do this.

Is I do believe our city attorney can help us here.

If we provide him direction right now to help us, we're stuck.

As you see, we've had two motions back and forth.

We're stuck.

And I and you helped draft this language, and I do believe it's fitting, I do believe it's appropriate for the city manager to give us some input to try to help resolve this.

And I would like to see if we can get council approval to have the city attorney allow us to provide his input with some language that could meet all sides.

So I have a vote, I have a motion from councilmember Simon.

A motion from council member Simon that council direct city attorney to craft some language for us.

Tonight, right now on the fly.

I'm asking that he could provide a few words to help us.

I've seen it done before, so that's why I'm asking.

So that's the motion.

Uh Vice Mayor.

Well, I'm I'm not seconding the motion.

Okay, is there a second for the motion?

For lack of a second, the motion dies.

Vice Mayor, back to you.

Thank you.

I would like to bring back to the table, which I would be amenable, would be uh council member bowen's suggestion that would include um that would include um looking at the reso that would include uh the uh council member bolt's um edit on section C Pete on um section one sub bullet C on the behavior and becoming of a council member, but also um the language that the council member bowen included.

I would be amenable to that as long as the resolution um at a minimum reflects that uh that uh the report the resolution does not include all the findings from the report.

Okay, so there's a lot there, so I'm gonna try to take it in pieces um as currently written on page one.

It says the city council adopts the investigation report and all findings pertaining to uh council member Aguilar in the investigative report.

So are we that's currently what it says that I'm just reading the language, I think.

Okay.

Are you suggesting that instead of it saying that that it says city council uh finds as follows?

Because it's no longer the investigative report, it's our findings.

And that it say A B and C, where C is the amended council member Bolt suggestion I'm looking at whether we should add a number where section three is or hold on.

That section two that a new number two, so everything two would become three, three would become four.

That section two would be um that the council does did not include or this resolution is not inclusive of all the findings of the report, period, because that would reflect what actually is I capturing it.

So what I understand what you're saying.

You're saying basically it's not gonna include everything, but I'm still struggling with the beginning.

So if I look at the now therefore, the city council adopts the investigation report and all the findings.

Are you saying that that would be struck and replaced with the council adopts some of the find for the purpose of this discipline?

The council adopts some of the findings.

No, because the council adopted the findings.

It's just saying that so that's what I'm trying to figure out.

It's just saying that the that um what I see where I see where you're going with this now.

So then it shouldn't live in section two.

Let me let me take a minute.

That's right, and and come back because I do I think I have it, but I need to look through it.

And in the end, what I'm seeking to do is make a very clear distinction between what is in the investigative report.

If we choose to be silent, that's fine.

But there's what's in the investigative report, and there's a council action that has adopted the investigative report.

A part and separate from that is what council may choose to consider tonight as it formulates discipline.

So I will go to council member bowen.

Yeah, I just want to clarify a few things.

Um again, this draft, we have throughout the course of this conversation uh discussion spoken at length about both councilmember Aguilar and Councilmember Simon.

Um, but this is specifically about councilmember Aguilar.

And so I had a follow-up question to council member Bolt.

Um about what somebody who was not interviewed said she said or didn't say um that the person who was interviewed did say.

Um, but does that mean are you suggesting that because of that?

Um there's going to be a disregard of the findings of the investigative report that did find council member Aguilar to have demonstrated um differential treatments that is gender bias.

I'm just thinking out loud because I just want to make sure we're not conflating council member Aguilar and Councilmember Simon to just dismiss gender bias because of a of a conversation or conversations that happened outside of the investigation and of our findings.

And I think that's a fair point because the two examples that have been raised are specific to council member Simon.

Do you have evidence, Councilmember Bolt that relates to Councilmember Aguilar?

I'm sorry, my apologies.

I don't for Council Member.

Can you put your mic down, please?

But I'm willing to adjust your mic.

I'm willing to uh still sit in the position that I'm in.

Once I hear uh a problem with the report, how can I knowingly move forward and just say yeah, screw it?

You know, I'm I'm not I don't want to fight, I don't want to argue with people.

It's how I feel, it is what it is.

Uh I can't accept things that uh I feel are not fair, and in this position right now, I feel like that report has had some problems.

And so um again, it is what it is, it's how I feel.

I'm not willing to argue or fight over it.

It's where we're at.

Back to you, Councilmember Bowen, please.

Yes, and we are here tonight because we voted to again accept it and then accept the discipline, which is this resolution.

And so um I just want to clarify, Mayor, you said, or we can choose to stay silent, or we can choose to change uh you know at the findings, or I can we actually do that, city attorney.

Can you clarify?

Because I'm I'm confused then about what we actually adopted and why we adopted something and can change it in circumstance in in this situation, just for the process.

No, you can't change the findings of the report.

You've adopted the findings of the report.

Just to be clear, that that report says what it says, and it's adopted by the council.

What you're doing is what are you relying upon for discipline?

And I I know where you're going with okay.

If there is an opportunity to say that we are going to discipline based on conduct, the the report says what it says, and you've already adopted the findings report, but you're going to do something, you're going to discipline.

That's what I think you're trying to say to Councilmember Bolt is that we're okay.

If that is the case, then we are not going to admonish or condemn based on that particular finding, but the finding still still exists.

I mean, that's essentially what I what I'm hearing.

Yes, I see.

Next we come to Vice Mayor.

So I'm rereading because I'm trying to insert, trying to make this fit.

And I just would also like to point out that the people doing the work on actually amending this is still us.

I know that you made a suggestion, but let's keep going.

I'm just saying, let's keep going.

But when I am reading it, section one that states what happened.

So maybe instead of adopts is the city council adopted the investigation report and the findings on January 20th.

That's factual.

To be yes, and one of the things that we've been discussing, if I may, it's already in the whereas.

Right.

And so which is why I was thinking, could we just strike one and go straight to two?

But there was some pushback on that because it's in the whereas.

We have adopted the findings.

Right.

It is the third.

One of those three squatters is fourth.

Um the admonishments, it actually does not include gender bias.

So it the resolution as is already meets.

So why are why didn't y'all adopt it as presented by the council by staff or this version, this draft version, because it already meets the your intent.

It's not mentioned in B.

It's not mentioned in A.

So the admonishments does not include gender bias.

It only states the it only states the findings.

I agree.

So leave the resolution as is.

Okay, so let's do this because your mic's not on.

I have no problem with you guys kind of doing a little bit of colloquy, but kind of get your mic on so that there's a rec a record of what's being said.

Thank you.

A hundred percent, I agree.

That's that's what I'm saying.

Oh okay.

So from the beginning, all I said is change that part of C.

So it doesn't.

It has been clear.

So this is may I vice manager?

I apologize, but I think I'm trying to see if we can get agreement because if I'm understanding you correctly.

Paragraphs two and three.

And councilmember Bolt is fine with them from what I think I heard.

He's fine with paragraphs two and three.

So the only thing that's on the table right now where there is any disagreement is paragraph one.

The irony of this, of course, is that paragraph one is covered in the whereas already.

So I don't have it therefore.

I don't have a problem with with one when it's a good thing.

But the subplaying some of the subpoints is we yeah, but we did we did accept it.

Um I I know we did, and that's what it's saying.

And I said this from the beginning.

The only thing I want to change is the differential treatment reflecting gender bias.

That's it.

I don't want to change it what it wasn't my suggestion to change the admonishments or any of that.

But I as long as we're saying that if we're gonna add that, which council member bowen wants, I just suggest that we say, hey, the based on this, we're not we're changing our idea.

So I I would actually like to reclaim some of my time uh since it was um taken.

Thank you.

I appreciate that.

Um I have a question regarding um any kind of responsibility or liability if the investigator comes back and says that's that not my finding on the resolution.

Does that expose us if we were to if we were to amend paragraph one section C that is a finding that's not that's taken from straight from the report.

If we change that uh because it says at the top of part one, does that expose us to anything from uh Jane Miss Ms.

Cowell?

Yes.

The issue, of course, is that is not what she found.

So the paragraph one is a restatement of the findings as to pertain to Councilman Ragbillar.

That's from the investigation report that's already been adopted by the council.

Okay.

Okay.

I just don't see I just don't see how um we can change Section C without exposing us to risk legal risk.

Um I think the resolution should stay as is.

I think it reflects it's factually correct in terms of what we adopted.

The admonishments does not include that, so if that's the concern.

I I I think the resolution should stay as is, but to address the concern of liability uh city attorney.

Uh to trust the concern of liability city attorney, um, how about modifying that first sentence keeping it as is that first sentence of item number one, and then putting a period and then put however the council believes on this day semicolon.

Then we're not misstating the investigation report.

We're making it very clear what the council believes on this day, which is today.

That doesn't put that doesn't misconstrue what the investigation report said.

Would that fly?

City attorney to relieve liability.

City attorney.

I do think that that is a direction that the council could go to acknowledge that there is a they're having a discussion in whatever the council comes to today, um is not changing the findings, and that the council is relying on something else.

Uh again, I think you're trying to find a compromise, of course, but uh it's a it's a path that you could take, certainly, because you're not changing the findings on the report.

And I wouldn't, you're hypnotizing you you can't change the findings of the report, the findings are the findings.

All right, so I'd like to make a motion for that item number one, um, keep that first sentence the same, uh, put a period at the end, then state however the council believes on this day, semicolon.

In addition, uh go with council member bolt's language that he had stated previously on item number C.

That's my motion.

I'm looking for a second on that motion.

Second.

Okay, we've got a motion by councilmember Simon to amend paragraph one of the resolution.

We leave the first sentence as is on the first page and at the top of the second page.

The words member uh Aguilar in the investigative report, period or semicolon.

Period or semicolon.

Uh period.

In a new sentence.

Okay.

However, the council believes on this day, and then A, B would be identical.

C would be modified to reflect the previously numerous times discussed modification proposed by council member Bolt.

That's the motion, and we have a second by council member Bolt.

Motion by Simon, second by Bolt.

At this point in time, we go into discussion by Councilmember Bowen.

When we talk when we say C, are we talking about on page two where we are just recounting the findings of the report?

It is that point, however, given the modification, what's being proposed is the phrase that the council believes on this day, as in today, whenever we vote, that the new letter C is the correct description of what the council believes today.

Did you want to add?

But the language is literally just it it just repeats what we already adopted.

Are we taking a vote to not adopt the file like to reverse the vote we already took?

No.

But then how can we change that language?

Because that's what we did.

We adopted all of the findings.

What I hear the what I hear the motion to be is that the findings were adopted and the city council adopts the investigation report and all the findings pertaining to Councilmember Aguilar in the investigation report, period.

The next what I understand Councilmember Simon is saying is that however this is part of the resolution on this day, A, B, and modified C that's the basis for the discipline and the admonishment and condemnation.

So it does not change the it accepts the findings of the report and decides that the council is going to discipline based on A, B, and a modified C.

You could say that they replied on they relied on the council relied on the report.

And on this day, it's relying on these particular statements.

Let's not call them findings now at this point.

It's A, B, and C these statements.

Because you already adopted the findings in the investigation report, and the council has identified that.

What that means is that the findings of gender bias in the in this investigation report continue, exist.

However, the council is saying A, we're taking discipline on A, we're just to take discipline on B and on a C.

Admittedly is different from the finding of the investigation report, but it doesn't change the finding.

The findings have been accepted already.

Is that clarify?

Um in section three, in accordance with Stanley and Administrative Code and this resolution referencing the investigative investigation reports, we hereby admonish for these things.

Should it not be in that portion?

Because the first person again just reflects the findings of the investigation and that we adopted it.

If we're going to say we accept the findings, we're just not going to follow through with the findings.

Um which I disagree with, um, that should be in section three.

Because section three actually is what outlines what we acknowledge of the findings.

And if I may, because paragraph one says nothing about reliance.

So there's nothing to change in paragraph one, and that there is nothing about reliance.

The only place that the report is explicitly referred to with respect to reliance, as council member Bowen points out, is in paragraph three.

Referencing to the investigative report, comma.

Hereby admonishes that it's actually not in paragraph two.

Are we reading that correctly?

I'm I'm coming to you, City Attorney.

Yes, that's correct.

Okay.

So I think what council member Bowen has pointed out is that it is not accurate or correct, or really not the right place to make the change up here in paragraph one.

What the clarification should be is in paragraph three, where the council says, instead of referring to the report, the council says based on the following A, B and modified C we admonish.

Or we what's the one this one?

Admonish.

Is that correct?

Uh Councilmember Bowen.

Do you feel comfortable with that description?

I yes, I think so.

Thank you.

I'm gonna go to vice mayor, please.

Okay.

So I'm gonna resurrect the mayor's.

I'm gonna hybrid the mayor's suggested edit.

I do not believe that um on this day that there was not gender bias.

That's something I'm not going to concede.

However, um I think what we uh section uh section one first line, the city council adopts the investigation report and all the findings pertaining to the to council member Aguilat in the investigation report.

I know that we would like to include, I would like to have the findings included.

But the mayor did suggest eliminating A, B, and C since the first part of the question, the first part of the sentence just states what we did and the fourth whereas also references all the findings.

Um it's not ideal, but it doesn't change the findings of the report and it doesn't re-characterizes it, it doesn't re-characterize them in a way that is more palatable to people.

I think that the findings stand on their own and they should stay as is, and I do not feel comfortable changing them.

So would that be something that you would be amenable, Councilmember Bowen?

Ensure that we keep fidelity to the findings and state that we adopted all the findings, both in section one of the resolution and in the fourth whereas, but not amend any of the finding language and just delete it, delete A, B, and C.

It's not ideal.

It's not what I would want, but at least it doesn't.

It doesn't change the language of the findings to re-characterize gender bias as behavior on becoming of a council member.

Yeah, I'm just I'm just pausing because I am just um I know it is it really should not be this hard to acknowledge that something occurred.

And I recognize that we can choose who to believe, and fundamentally the choice is to not believe what I experienced and how I've shared that I experienced it.

Um and that's that's you know anybody's prerogative, but that's fundamentally what is happening, and of the other women and men that were interviewed, those accounts are not believed.

And it is I am glad that I at least tried to amplify why it is so important to speak up and to share so that it can stop.

And it saddens me that we cannot even acknowledge, and that's all we're asking, that maybe it happened.

Um the reality is the impact could be harmless, but it still occurs.

But the impact could also harm, and it still occurs.

And everybody watching this and everybody that goes back and listens to this.

Um I think a very um unfortunate occurrence that it had to be this hard.

Um, and I'm gonna have a lot of conversations with a lot of people about why you still have to keep trying.

Um I am willing to not name it, even though that is the important part of it.

And I recognize that council member Aguilar has not named it and may never name it.

Um in that case, the last part of this sentence of this resolution.

Furthermore, the city of San Leandro City Council does resolve that councilmember Aguilar must refrain from continuing and/or repeating the behavior described herein, and in the investigation report.

And the council expects that he seeks training and education that would help him to refrain from such behavior in the future.

So whether or not you want to acknowledge it, I am begging you to just stop the behavior.

If that means to not engage with me, because you can't recognize what you're doing.

I just need to find a way for the behavior to stop.

So I'm gonna come back to uh vice mayor.

Your mic is still live.

Are you looking to do this in the form of a substitute motion or a friendly amendment?

What are you thinking?

Didn't the motion fail?

There's no motion on the floor.

I thought there was we didn't take a vote.

There was a motion and a second, but we didn't take a vote on that motion, did we?

We did.

I don't think we took a vote on that motion.

I'm not sure.

We did not vote on the as of this day.

Correct, on council member Simon's motion.

We have not voted.

You seconded, I think his motion.

I don't check my notes here.

Right by Simon and Bolt.

Um the person with the floor, vice mayor.

Uh, because we have a motion on the floor, you either need to work with the motion maker to amend the language, or you just go to a substitute motion.

Doesn't matter to me.

Or you can remain silent if you want to.

I actually would like the maker of the motion to make this amended motion.

I think that would speak to adopt the findings.

I do not want to do a substitute motion.

Okay is there a different second for the original motion by council member Simon okay seeing then the motion dies for lack of a second at this point in time what I will do is I will propose a motion the motion is that we take the existing resolution as drafted with one exception and that is that at the top of page two at the very top of page two first line the sentence that ends in the words member aguilar in the investigation report that has a period placed right there everything thereafter is struck until we reach the existing paragraph two and then we continue in accordance with the administration administrative code so it's just eliminating the A B and C.

That is my motion so I have a second council member bolt I second that okay so we've got a motion by Gonzalez and a second by bolt some discussion on this council member Simon just so I'm clear um can you repeat that one more time please certainly so we've got we're gonna take the the uh resolution as drafted we're going to turn to page two at the top of page two the last six or five words on the top of page at the very top of page two read member aguilar is in the member aguilar in the investigative report we will put a period right there a b and c subparagraphs are deleted they're struck and then we continue with two three etc so that's the motion other discussion seeing none please vote all votes are in and the motion carries with five yeses and council member aguilar excused at this point in time given the hour I think we'd extend it to 11 o'clock um that was pretty intense I'm gonna recommend that we take five minutes seven minutes I think we need a little bit of time to just decompress because that was a lot of brain power so let's take a break until 11 but I'll need a motion to extend to some point in time vice mayor I'll make a motion to extend 11 45 okay I I really want to get this done tonight we need to close this chapter we just need a power through I do I have a second to extend council member bowen yes okay please please vote oh yes please it's it's not debatable sorry it's not debatable so we have 1145 you can always vote no please proceed to the vote all votes are in and the motion carries unanimously okay let's take six minutes let's just be back here at 11 o'clock take a deep breath

It's eleven oh two.

We are back in session.

Councilmember Bolt are we to the next item?

Yes.

Okay.

I'm ready to make a motion to do the exact same thing that we just did.

Uh for council member Simon's disciplinary that uh council member Aguilar.

So you've got the motion.

So what I've got just as we're starting off, let me get that piece of paper out so that I can take notes in case there are any changes.

Um okay, so we've got on the floor a motion by council member Bolt turning to two page two of the resolution that line that paragraph number one at the top of page two, instead of a colon where it says member Simon in the investigation report that that would be replaced with a period instead of a colon, that A, B, and C would be struck.

That's your motion.

Correct.

Do I have a second on that?

Councilmember Aguilar.

I'll second.

So we've got a motion by Councilmember Bolt.

Second by Council Member Aguilar.

Uh, with respect to what was just stated.

Um are there any clarifying questions on this motion?

We'll begin with Councilmember Bowen and then go to Councilmember Simon.

Thank you.

I'll just um echo what I said in my last comments, but really want to um emphasize that last sentence.

Furthermore, the city of San Leander City Council does resolve that city council member Simon must refrain from continuing and a repeating behavior described here in and in the investigation report.

And the council expects that he seek training and education that would help him to refrain from such behavior in the future.

And I would also ask that if you cannot do so to please refrain from engaging with me at all because I refuse to continue to be harmed.

Thank you.

Councilmember Simon question and maybe some comments.

So a question just to make sure we're following the proper protocol.

Does the public get an opportunity to speak?

Right now we're on questions.

Our process is typically we take questions, public comment, and then we do uh council discussion.

Okay, we did a motion.

I'm just asking because I thought we were going to fly through it and be done.

So that's what we're doing.

No, no, no.

Definitely there's going to be public comment no matter what.

Okay, okay.

Um next um again, I I will repeat as I said before.

Um I regret regret that Councilmember Bowen felt that I was biased.

I do not feel any bias towards women.

Um, and I will strive to improve my communication so as to avoid hurt or bad feelings or any misinterpretation misinterpretation of my intent.

And I do believe rest of restorative justice mediation will help mend the gaps in empathy, trust, and respect between our council.

Um and I and I would like to say maybe this is a first start of us having an open dialogue to improve respect to each other.

Um in our dialogue tonight, it's been tough, but we're getting there, and there's going to be a lot more tough decisions and discussions coming up in the future.

Um, but I do want to say I took some notes.

Sorry about this.

Oh, okay.

I do want to say, and both council member Aguilar's and and my resolution, it states that council members shall treat all individuals, city staff, and public with utmost respect and courtesy.

They shall engage in open, respectful and constructive debate, valuing diverse perspectives.

And I'm just gonna say in council members Aguilar's discussion, it really hurt me, and I think it might have hurt um maybe I'm speaking for council member Aguilar to laugh at my motion when I said at this day.

And then that was at 1042 p.m.

And then at 1051 p.m., laughing broke out again at what we were proposing, and it it really did hurt.

And that is opposite of what we're saying.

That's not respectful.

That's not constructive debate.

So I'm just asking what you're asking of us that everyone on this council follow.

Um I'm willing to do it, but I'm asking that we all look at ourselves, and it it did hurt to be laughed at.

Okay, so what I'm gonna do here is I am gonna call on council member Bowen, uh, ideally for questions, because I do want to get to public comment, and then we can go back into colloquy.

Uh unless there are other questions, so please proceed.

Actually, I'll I'll just um it was a it's gonna it's a request, but I can do it after the public comment.

Thank you.

Seeing no other questions, let's go to public comment on this item, please.

Mayor, we have received nine comment cards from in the room, and there's presently one hand raised online.

Let's take the online hand.

This is the time to raise your hand to speak online.

So you've got about 10 more seconds because we're gonna flag the people that have their hands raised, and then we'll come into the room.

So who will our public speakers be today?

Online.

Our online commenters include Lucas, followed by Melissa Wong.

Okay, so we will take those two public comments online, then we'll come to the nine people in the room.

Please proceed online.

Lucas, you may unmute yourself.

Thank you.

Can you hear me?

Yes.

Thank you for taking my comment once again.

Uh at last we have arrived at uh striking most of item number one.

I I feel all of item number one was repetitive since it's already in the warehouse, as the mayor mentioned.

I'm glad that we made progress by removing A B and C.

Uh, I don't think one must need it at all because it was repetitive of the whereas declarations.

I mentioned my prior comment that the council member the council should adopt a more robust ethics code.

I think, in addition to that robust ethics code, as it relates in particular to the conduct of council members Simon and Aguilar.

Some of the alleged misconduct here happened at events sponsored by the city council.

You know, I'm I'm referring specifically to the the party and the and um the the drinks and the assault situation that was mentioned in the report.

And uh as I mentioned, maybe two or three weeks ago when I last called in, I think there should be a policy of the city council where where there is misconduct, where there is illegal action, where there is council you know, punishment of or admonition of misconduct, that the council members who take those actions reimburse the city and the public for any funds that they spend, either discretionary funds or official funds or whatever this money is called, because the public should not be paying for trips or for parties or for travel when the city council members use that money to break the code of ethics or break the law.

I think Aguilar, we should go after Aguilar and get money back from him for if we sponsored you know the corrupt trip to Vietnam or wherever it was.

And I think that if there was misconduct at this party where uh the council member was assaulted, and some of the council members played a part.

So I'm sorry to interrupt you, Lucas, but that's several mentions to council member Aguilar.

And at this point, we are focused on council members.

Simon.

Thank you.

And the same, the same for Simon, the same for Simon, whatever role he played in that misconduct.

If money public money was spent in the conduct of that, that money should become thank you, sir.

Your time has elapsed.

The next speaker is Melissa Wong.

Well, hi again.

Um, first, council member bolt, thank you for being one who self-reflected.

It certainly shows high value.

Um if we strike misinformation at the very least from a former employee, former mayor, and union rep, does investigation yield the same findings?

It should not, and I considered it as I previously indicated.

It took all the misinformation to get the findings.

Ignoring these individuals sends a clear message that they don't matter.

The report relied heavily on past officials, half of the witness list who may have personal and financial interest.

They should not be more important, but they were in the report and well represented.

Equally damaging, and I want to emphasize they even chimed in on the female employee who personally did not feel she was subjected to gender bias.

That's in the report.

Others spoke for her, and the investigator went with it and into the finding.

Please don't do that.

The investigator should have focused on relevant and thorough research, or do not call it factual and certainly not independent.

I appreciate the attention to the draft resolution tonight, but I wish we could have spent more time on the report, which had made I had major concerns early on.

But we instead jumped into accepting the findings.

We are left with disagreement on fact checking afterwards.

If it is not clear, I'm a woman and I celebrate it each and every day, and I know exactly what I'm talking about.

Thank you.

Mayor, that concludes our online comments.

We're closing online comment and coming in person.

And thank you all for having waited.

The first three speakers are Nancy Rafaloff, David Anderson, and Sarah Bailey.

I need to wake up here a little bit.

Good evening again.

City Council is a serious job.

Is that better?

Okay.

Thank you.

Good evening, everyone again.

City council is a serious job and a lot of hard work goes into it.

Communication with others is key to getting things done respectively and responsibly.

Fred Simon has worked tirelessly for our district and has spent many personal hours doing local town meetings, wanting to hear what his constituents have to say.

He takes the time to also bicycle ride various neighborhoods to see if there are any visible issues that need to be addressed.

Fred has always been professional and never disrespectful to any women at meetings or myself.

Had false findings, which was pointed out by residents and Shirley Young.

Please reconsider these damaging this damn this damaging accusation of Fred's character.

Fred in my eyes is an honorable family man, and the only thing he's guilty of is being passionate about getting things done, his district and and city.

Thank you very much.

Thank you.

The next speakers are David Anderson, Sarah Bailey, and Anthony Tahada.

Good morning.

I'd like to uh thank everybody for putting in the effort to try to get this worked out to where it satisfies everyone.

It's really difficult being a public uh representative.

And I was really impressed with Dylan tonight, trying to make compromises and make this thing work.

Uh Bau and I applaud you for staying firm on what you were believing that you had happened.

But I think there's still going to have to be some counseling going on on how to work together.

Fred is a passionate person.

He likes to get things done.

You have a lot of passion too.

I see that you're really adamant about what you feel that's happened to you.

But we just need to learn to work together.

And I'd like to congratulate the city council on uh I mean uh city manager on her award last week that I miss.

So thank you guys again.

Thank you.

The next speaker is Sarah Bailey, followed by Anthony Dehada, followed by Lacey Vong.

Okay, I had some high and mighty words um before, but given everything that we've talked about, it sounds like the nitty-gritty is what needs to be addressed.

So I refer you to my statement during the consent calendar, when I just uh told you that in addition to Bowen's belief that um Mr.

Simon is uh performs with gender bias.

Um I also have Balou's statement who uh said Tyman interrogated staff he was not respectful towards women like Marquises and her former Mayor Cutter said that Simon undermines Marquises and that she noted that when Simon disagreed with men, he did not question their experience.

Now Mr.

Bolt says he is unable to recognize gender bias, but he's sure it didn't happen here.

I wonder if Dylan Bolt understands that Sheila Young refused to put in writing what she said at that meeting.

And does Dylan Bolt understand that Fred Simon bullied Sheila Young into saying she didn't say it?

Thank you.

Thank you.

The next speakers are Anthony Tejada, Lacey Vong, and Lawrence Abbott.

All right, good evening.

We're all still awake.

Um, so I just wanted to talk to and touch on Fred's character and um, you know, what I know to be him as uh just a model citizen.

Uh when I look at the draft report in section three, it talks about the characters of being open, respectful in discourt, discourse, um, collaborative, active listening, all of that speak to Fred and who he is.

Um, every Saturday he hosts a district four or the first Saturday of the month, a district four coffee and catch up.

Um, it's an ideal time for him to meet his constituents and hear what's going on, what their take is.

Um, to Karen Silva, who spoke earlier, I would plus one her statement there on a communication specialist and/or mediation being brought in.

I think going forward, that needs to be something that's more uh of an explored concept.

Um again, with the code of ethics, the disciplinary steps.

I think what tonight's process kind of showed is that there's really no optionality that's there.

It's kind of this one pathway into uh an investigative report being conducted.

So the city should really start to look at other avenues that could be explored versus going down that route and building in some optionality.

Um to the whole Sheila Young thing.

I think she went on record, she was in the San Leandro Times.

Uh, if she had any issue with what was being said, she would have uh, I'm assuming made an issue about her wording being misconstrued in a public setting.

So I've got to believe her at her word in her exact statement that she said.

I did not say that at all.

It's in bold text, Saling Andro Times from February 5th.

Um, and again, timing of this, the investigative report.

I think it was just accepted without necessarily going through a full due diligence cycle.

So lessons learned in the future.

Um, I'm glad that we got to section one A through C being eliminated.

Uh again, it's just repetitive to what's already there in the where-out section.

Thank you.

The next speakers are Lacey Vong, Lawrence Abbott, and Tondaleho Smith.

Good evening.

I'm trying to my name's Lacey Vong, and I walk this world as a woman.

And tonight, I am deeply disappointed in the comments around what we are calling gender bias.

I'm disappointed that we are questioning an independent professional investigation that was adopted and introducing things that are outside of the process.

The second item regarding council member Simon is equally distressing to those of us who believe in the dignity of office.

Public officials are entrusted to act truthfully to provide accurate information in all communications.

When that conduct falls below reproach, especially involving retaliation against a colleague in their vote, it undermines public trust.

It roads the integrity of our local government.

And we all have the right to come to work and be free of harassment.

Failing to execute the discipline already approved creates a precedent where adopted findings, including confirmed instances of retaliation and gender bias, remain unresolved despite the completion of the formal investigation.

By following through to the disciplinary action that you have already discussed previously in January, you provide clarity and closure to the community, but also city staff on this.

Please take action.

Thank you.

The next speakers are Lawrence Abbott, Tondaleho Smith, and Deborah Acosta.

Yes, I disagree with the previous speaker because I feel like we should question independent reports when new information comes out and when witnesses step forward in the newspaper and you know explain that they were misquoted.

And I think that's good enough reason to do exactly what is happening here.

And I'm the process is amazing and is really heartwarming.

And one other thing that really upsets me, though, is that um the process, uh, it just seems really wrong that the accuser gets a vote, but the person being accused has to remain silent.

I mean, in what court of law does that happen?

That's just so hopefully you guys will correct that in the future, and this kind of injustice uh unjust system won't won't go on in the future.

But moving forward, um, I really believe that there is room for improvement for everyone and for communication, and that I really hope we move from you know being united against hate and being a city where kindness matters to a city council where we all try our best to make life wonderful for each other, because if we really care that much about each other, the whole process will always run way better, and people will apologize more to each other.

Thank you.

The next three speakers are Tondelejo Smith, Deborah Acosta, and Kat Willman.

Not seeing Tom, I guess Deborah Coastal will step to the dais.

Um two things can be true at the same time.

A council member can feel wronged.

He can disagree with the findings, and he can have supporters who believe he has been treated unfairly, and we've heard many of those tonight.

And yet, this council can still have a duty to enforce its adopted decisions and move forward.

An independent investigation was conducted, the report was publicly released, the council voted to adopt its findings.

That is process.

A following item on tonight's agenda, item 10D makes clear that at least one member wishes to continue revisiting the legal and procedural aspects of this matter, both privately and publicly.

At some point, this cycle must end.

Disagreement does not require relitigation.

Dissatisfaction does not require repetition.

When a completed investigation and adopted findings are continually pulled back into debate, the council remains tethered to grievance instead of governance.

That affects everyone.

Staff time is diverted, policy work is delayed, public confidence erodes.

This resolution is about closure.

Approve it, affirm that standards apply, and make it clear that once due process is complete, this council moves forward.

This cycle must stop.

Government.

Thank you.

The next speaker is Kat Willman.

Thank you.

Sorry to speak because I know it's very late.

One of the most important things that I think was said was by Councilmember Bowen when she said if you don't walk this world as a woman, you may not understand it or know it.

And she also wants the behavior to stop and is very interested in training.

But here's the thing.

Especially for council member Simon, all of the accusations were made about what happened during public meetings.

It is so important for this entire council to be involved in this education and training so that they can learn how to advocate for what they believe in in a respectful way so that people do not feel harassed or retaliated against.

So I really hope that you will think about next steps and how to move forward in a very positive way.

And I think it involves the entire council.

And I urge you to consider hiring a professional communications specialist.

Thank you very much.

Thank you.

That concludes all of the comment cards from in the room.

Okay, so we'll close public comment.

We currently have a motion on the floor.

I'm gonna go find my notes on who made the motion.

That was Councilmember Bolt.

And the second came from Councilmember Aguilar, thank you.

So we have a motion by Councilmember Bold.

Oh, Councilmember Aguilar.

So is there further discussion at this time?

Councilmember Simon.

Yeah, I just want to make one more comment here.

We've had a lot of good input from the public from my colleagues, so we can get better going in the future.

Um, but just the process.

We heard about this investigation report and independence, and I don't agree that it's independent, but one thing I want to talk about is we have to carefully choose our witnesses.

And I'm just gonna read something from the 2024 report on this matter.

Um carefully choose the witnesses, and this is Cutter, who was referenced in a number of times tonight, and it's it says right here under credibility, Cutter is a reliable witness, but is given little weight in the findings.

She showed hostility towards Simon.

So I I think I'm just I just want to give you a question.

Hold on, you're out of order.

So I'm a little a little concerned because that investigator had a certain experience, a certain duration, a certain time frame, and that's not at issue here.

We do not you need to talk to the investigator in this particular report and the amount of time and whatever was involved.

So I'm not quite sure why we're talking about a different investigation, and you're characterizing a witness.

Can I actually come to legal counsel on this?

Because this seems out of order.

I'm gonna give the parliamentary I'm gonna get the parliamentarians' perspective on this.

So um first of all, I just want to be clear that the selection of witnesses is completely up to the investigator.

And I don't want there to be any suggestion, because there isn't, and it's not true that there was any selection by the council who commissioned the investigation, who the witnesses should be.

The investigator chooses who the witnesses are and determines the relevance of the investigator, the relevance of the witnesses' statements.

Okay.

My question, hold on.

My question is what we have agendized before us is a resolution with respect to discipline based on the report that was issued in October of 2025.

Council member is addressing a report of different allegations involving a different complainant.

That's not the reported issue.

So I'm just asking, is that appropriate given our agendized item?

If it is, we can proceed, but I just want to make sure.

No, it's gotta be a it should be on this particular report.

And this resolution that's before the council.

All right, I'll wrap it up.

Just to clarify that 2024 report is referenced in this current report.

It is referenced in the very beginning.

So I'll let the rest of it go, but I have concerns about witnesses.

That's all my comments.

I believe, but I will look while this continues.

I believe that she said that she did not rely on that report.

So the fact that it's referenced, I'm not quite quite sure what the relevance of that is to our discussion here.

I'm gonna go to Councilmember Bowen.

Uh thank you, Mayor.

Um I have I appreciate that at certain points of the discourse tonight, whether it was the last item or this item.

I think I heard council member Simon acknowledge that some actions were taken that could have caused harm.

Um I would ask um in an effort to be able to really pass this resolution with any meat.

Um there has to be to me, and and something that's incredibly important, a certain level of honesty.

And one of the things I really want to address is this notion of half-truths and innuendos and um statements that could be purposefully that are misconstrued in a purposeful way.

Um I believe that council member Simon can um, you know, and I want to make sure I can stick to this.

What in in if I can, and let me know if if I if I need to stop.

Um again, many of these things happened in public, and um many of us have tried to acknowledge, and I have emails and text messages and um plenty of information that I can share to refute many of the things that um councilmember Simon has said.

So if tonight he truly means what he says, that he wants to work towards um resolution to move forward, if he could refrain from continuing to um disparage or um share things that are untrue, it would be better to just not share anything at all.

I also do want to acknowledge that if if there are efforts to relitigate whether it's in um comments that have to be taken off the table, that um as somebody that has been going through this for the last year is a difficult thing to have to hear because it asserts that what I experience and what I um say to be true is not true, and um I just would ask for councilmember Simon to to stop um doing that.

Okay, I don't see any other comments.

I do want to make just a couple of quick comments of my own, then we can move to a vote.

Um I am disturbed by references to side conversations that sound like an investigation of the investigation.

Um I'm disturbed primarily because there's lots of information that I think is not wasn't considered by the investigator.

An investigator inherently has to limit the amount of time that they spend subject um to getting a report done and the like.

I think this investigation was very thorough from my perspective, and so I have no problem accepting the findings of the investigation.

The second thought that I'd have is that I do believe that on this council because this has been such a difficult time, we need to find a way to dial back our own personal sensitivities.

Um that not everything is intended to carry malintent.

Uh sometimes we're just doing things to try to keep things moving along, keep things in order.

Um sometimes we're just trying to be nice to each other, and it feels like you know somehow there's some hidden message in the words.

So I just I want to come back to we individually own that.

It's gonna be upon each of us to just try to see the best intentions and what people are doing.

And the last thing that I'll end with is it does not help when there are um apologies that are not really apologies.

You can apologize, you apologize for your own actions.

When I make mistakes, I go and say, hey, that was my mistake, I own it.

And that I think is a critical part of this is for whatever it is that we're willing to accept when we make mistakes and that we adjust and we keep growing.

Seeing no further discussions, I'd like a vote on council member Bolt's motion that was seconded by councilmember Aguilar to take the resolution as it's currently drafted, but on page two of that resolution to put a period at the end of the second line of paragraph one, member Simon in the investigation report.

The letters A, B, and C are struck from the resolution.

Please vote.

And the motion carries unanimously.

I believe council member Simon is excluded.

So five yeses.

So at this point in time, I'm looking at that clock.

We have approximately eight minutes left.

And so the question on the table for 10 D is yes, no, do we do we accept existing legal advice?

Um so I think that that that can quickly go to a vote.

I'm assuming we won't have a lot of comment.

I do believe that 10 C will take a while.

Um but council, are you willing to take 10 D first?

Is there any opposition to that?

Okay, council member Simon.

Uh 10 D, if I can, I I will remove that request if I'm able to do that.

I'm sorry, 10.

10 D.

So I'm saying I'd like to address 10 D.

So when you say you move it, you say we're gonna we're gonna take it now.

You're trying to remove it.

I'm saying we I don't know the term for eliminate.

You're withdrawing your request.

Withdrawing it, yes.

And it's just done.

We're not gonna ever talk about this again.

Yes.

Okay.

So then we will strike item 10 D from the agendas having been uh withdrawn by councilmember Simon.

Um so shall we start the discussion before we extend the time, or how would people like to proceed?

Councilmember Rivetta Swalton.

Or vice mayor, my apologies.

Sorry.

Um I do have a short, I don't have any questions, but I do have just on what has happened.

I do have kind of a position on the restorative justice.

On 10 C.

Um I guess my point is again, do we want to extend this meeting?

Because I think that I'm just getting no, so there's not going to be the votes to extend the meeting just by the head nods.

I'm willing to do it, but it doesn't sound like we have consistency.

Yeah, no, it's good.

I think it's definitely it's we're gonna run out of time.

Um as a matter of procedure, again, just kind of running through this.

I think that we can just hold on to a second.

So part of what we're trying to do is figure out what this does for our agendas that come next to just not have any kind of confusion or misrepresentation about how things will be handled given our other obligations.

One moment, please.

So again, just so you guys understand a little bit of what the chit chat is up.

But here we're working through we have uh procedures for how we handle regular meetings as opposed to special meetings.

This is an agendized item at a regular meeting.

So it's just a moment, please.

Okay, so what we've determined at this point in time, this will be handled at our next regularly scheduled meeting.

Which is which is April 6th, because we have a special meeting, and then the subsequent meeting is NLC, March 16th, March 16th, and so that meeting has been removed from the agenda.

Okay, so we are adjourning and then we will be adjourning, and in the adjournment, this item would then go to our next regularly scheduled meeting.

Is there any hold on please?

So it'll be an adjourned regular meeting, which will be then taken up at your next regular meeting.

You will then finish this adjourned regular meeting on April 6th, and then you will start your April 6th regular meeting.

That makes sense.

That does make sense.

So it'll be it will take place at our next on the date of our next regularly scheduled meeting, but not as part of that meeting.

Okay.

Council member, oh, you were in there, Simon.

Just a clarification.

Yes, please.

Why why can't we have it next week?

I know it's not a regular meeting, but why not?

Why does it have to be a regular meeting?

Adjourned regular meetings need to go up to beginning of the next regular meeting.

That's an adjourned regular meeting.

It's because you haven't finished the business of a regular meeting.

And so it precedes the next regular meeting date.

Does that make sense?

Because you have your regular meetings on first and third Mondays.

The next week is a special meeting.

So the expectation is that for members of the public you're going to have a regular it's a regular meeting day.

So question I think from city managers, can we just say we're putting this item on the agenda of the of that day?

Do we have to start with an item 10, then go to an item one with a new meeting?

That would be the adjourned regular meeting procedure.

If you wanted to do that, you would continue this item and then adjourn this meeting, but then you haven't finished the your essentially saying we're not going to finish the meeting on this.

So I'm going to come to city manager.

Thank you, Mr.

Mayor.

Um, city attorney, is it possible for the the council themselves to make a motion today to move 10 C to the agenda of April 6th?

Yes.

That way we don't have to repeat all of the items at the end.

And so to do that, we would move to continue this item to the April 6th meeting.

Okay.

So council Mr.

Bagular.

Motion to move item 10 C to April 6th.

Thank you.

Any discussion?

Discontinuation any public comment.

Okay.

Um please vote to continue this to that meeting in our regularly scheduled time slot.

All votes are in and the motion carries unanimously.

Thank you.

With that, it is 1145 and we are adjourned.