City Council - Regular Meeting

or more environmental issues and just absolutely

Okay, so I am going to call us back to order at 7.30. So just so there's a little bit of information about the delay. We are having some technical difficulties along some of the ancillary, some of the auxiliary methods that we allow people to participate. But for the method that we publish in our agenda... zoom for that method there have been no problems with the audio some problems apparently with the video but given that we have an audio connection and given that we have the ability for the public to comment per our policy and consistent with law we will proceed so assistant city manager yuen the floor is yours

UN my apologies Thank You mayor and good evening council members I am presenting this evening an overview of restorative justice mediation and requesting direction from Council on consideration of facilitated discussions As a refresher for you, on January 5th of this year, Council considered an item concerning the public release of an independent investigation report prepared in response to a complaint submitted by Councilmember Bowen to the Human Resources Department. As part of Council's action, staff were directed to schedule a future agenda item to discuss restorative justice mediation for the City Council. That particular discussion occurred on April 6th and council voted then to refer the topic to the Rules Committee for further explanation, excuse me, further examination specifically to consider how restorative justice mediation could potentially be incorporated into the city council's internal discipline policy. So the Rules Committee, their first review of the item took place on April 22nd. And after discussion, the matter was continued to allow additional time for research, including defining restorative justice, mediation, and considering the implications of integrating such a process into the council's discipline framework. On June 24th, the Rules Committee met again and reviewed the item, and the Committee determined that the full City Council should decide whether to authorize revised direction before the Committee continues its work. Specifically, the committee is requesting council direction on whether to shift the committee's focus away from restorative justice and toward facilitated discussion mechanisms to help resolve disagreements among council members before matters escalate to the point of where the internal discipline policy is invoked. Committee members express interest in evaluating facilitated conversation models, not for discipline, but as a potential tool for early conflict resolution that could prevent the escalation of disputes. But because this scope differs from the committee's current charge, the Rules Committee voted to forward the matter back to this full council for direction, which is why this item is before you this evening. SO IT IS RECOMMENDED THAT COUNCIL PROVIDE DIRECTION TO THE RULES COMMITTEE WITH ONE OF THE FOLLOWING THREE OPTIONS. OPTION ONE WOULD AUTHORIZE THE RULES COMMITTEE TO WORK WITH A NEW SCOPE TO REVISE THE COUNCIL MEMBER HANDBOOK TO INCLUDE FACILITATED DISCUSSION MECHANISMS TO HELP RESOLVE DISAGREEMENTS. THE RULES COMMITTEE'S WORK WOULD INCLUDE LOOKING INTO FACILITATED MEDIATION SESSIONS OR CONFLICT RESOLUTION FRAMEWORKS TO RESOLVE DISAGREEMENTS. Option two would limit the work of the Rules Committee to its existing scope, which is including restorative justice mediation into the council's internal discipline policy. To be clear, this is the existing charge that this council provided to the Rules Committee back in April. The committee would continue discussing restorative justice mediation solely with the parameters of internal discipline policy and without any directive to explore facilitated discussion models or practices into the city council member handbook. Option three would be this council could conclude the Rules Committee's consideration of this matter This essentially would end the committee's review Thereby resulting in no revisions to either the internal discipline policy or the City Council member handbook That concludes my presentation and staff awaits your discussion and direction to the Rules Committee So I will elaborate just a little bit and that's that

There was ample discussion about the potential benefits of some mediated discussions, but we did not feel on the committee that we had the permission of the body as a whole to engage in those discussions. And so the committee's request was to come back here to the full body to essentially get your permission as a body to modify the scope. You sent us with a particular scope. Based on all the discussions in committee, we came back with a proposed alternative, and it's namely option number one. So that's the additional context for why we are here. With that in mind, are there any questions before I take public comment? Council Member Victor Aguilar.

Thank you, Mayor. My question is with regards to the facility discussion mechanisms to help resolve disagreements. Is this something that will be outsourced to the third party to help facilitate?

So at this point in time, I don't think we had reached the details because we found ourselves in a position like we don't really have the permission. This isn't in our scope. If that's something that you would like for the committee to consider, I think that's duly noted.

Thank you, those are my questions.

Seeing no other questions, we'll take public comment on this item.

Mayor, we received one comment card from in the room, and there is presently one hand raised online.

Okay, please proceed in person.

Our in-person speaker is Leo T. West.

Close to one year after the Florida event, the city council has found a escape route in order to do nothing called restorative justice, choosing dialogue instead of accountability. However, when it comes to approved projects behind closed doors, the votes are almost always 7-0. showing that all of the rest is pure terror. The restorative justice must be delivered by the voters in November. All of the incumbents should be voted out. Most of the members of the city council have shown unprofessional behavior.

Simon, Aguilar, Bowen, Acevedo.

While Mayor Gonzalez has presided over a cover-up, and he's also responsible for several failed projects and a plan to chase car drivers out of San Leandro by eliminating car lanes. Furthermore, taxpayer money has been wasted on dubious organizations. Council Member Bolt deserves special mention for his initial position voting for some kind of disciplinary action. against Simon and Aguilar to then shamelessly fall in line and go to join the 7-0. We all vote all the incumbents out, clean slate.

Thank you. There are no more cards from in the room there.

So we will close public comment in person, but move online to open that.

Our online speaker is Douglas Spaulding.

Thank you. And I see a clock. Oh, now I don't see the clock. Now I see the clock. Very good. Well, as one of those is a big proponent of restorative justice, I'm disappointed to hear your conclusion that you want to move on from that. In my mind, restorative justice was... is a very powerful tool, potentially powerful, and actually well suited for the situation we found ourselves in. I fail to see this distinction between restorative justice and facilitated discussion because restorative justice is a facilitated discussion, one where both parties have the opportunity to talk and need to listen to each other, need to acknowledge what each other said, And it's focused on harms that are done. And I believe that had we been able to get to that point, we might have actually gotten to some more satisfactory resolution. But I am hopeful that you will figure out some way of putting this in the council handbook as a formal procedure.