Bank of New York Mellon v. City of Richmond, California et al

Filing 60

Declaration of Brian D. Hershman in Support of 59 Opposition/Response to Motion, for Rule 11 Sanctions filed byU.S. Bank National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 59 ) (Hershman, Brian) (Filed on 11/22/2013)

Exhibit E

RICHMOND, CALIFORNIA, April 2, 2013
The Richmond City Council Evening Open
Session was called to order at 5:32 p.m.
ROLL CALL
Present: Councilmembers Beckles, Butt,
Myrick, and Mayor McLaughlin. Absent:
Councilmember Bates, Rogers, and Vice Mayor Boozé
arrived after the City Council adjourned to Closed
Session.
PUBLIC COMMENT
The deputy city clerk announced that the
purpose of the Evening Open Session was for the City
Council to hear public comments on the following
items to be discussed in Closed Session:
CITY COUNCIL
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Initiation of
litigation pursuant to Subdivision (c) of Government
Code Section 54956.9):
One Case

There were no public speakers.
The Evening Open Session adjourned to
Closed Session at 5:33 p.m. The Closed Session
adjourned at 6:28 p.m.
The Regular Meeting of the Richmond City
Council was called to order at 6:30 p.m. by Mayor
McLaughlin who led the Pledge of Allegiance to the
Flag.
ROLL CALL
Present: Councilmembers Bates, Beckles, Butt,
Myrick, Rogers, and Mayor McLaughlin. Absent: Vice
Mayor Boozé, was absent during Roll Call..
READING OF THE CODE OF ETHICS
Deputy City Clerk Ursula Deloa read the Code
of Ethics.
STATEMENT OF CONFLICT OF INTEREST
None.

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AGENDA REVIEW
Removed Items I-4, I-5, I-8, I-9, and I-11 from
the Consent Calendar; continued Item I-10 to April 16,
2013; and withdrew Item J-1 from the agenda to be
agendize on the April 16, 2013, City Council Agenda
under Closed Session.
OPEN FORUM FOR PUBLIC COMMENT
Yolanda Jones expressed disappointment that
her business was not included on the small business
certified contractor’s list.
Charlie Walker expressed disappointment that
black contractors are not given the opportunities to
work on projects in Richmond.
Antwon Cloird gave comments that another
councilmember apologized for comments made by a
councilmember. He stated that councilmembers must
respect one another.
Henry Parker invited everyone to the Second
Annual “Reach for the Stars” Full Inclusion Fashion
Show and Showcase working with children on the
Autism spectrum, being held April, 27, 2013, at
Lavonya Dejean Middle School, 3400 Macdonald
Avenue, from 5:30p.m. to 9:00 p.m. tickets are $10.00.
Joseph Puleo gave comments regarding the
behavior of Human Resources Director and Assistant
City Manager Leslie Knight and the lack of discipline
for her behavior due to double-standards.
Etta Jones expressed disappointment that
Yolanda Jones Construction Company was omitted
from the small business certified contractor’s list. She
encouraged the city council to make sure that it does not
happen again.
Kathleen Wimer stated that those on the public
payroll must act above not only impropriety but above
the appearance of impropriety. Ms. Wimer stated that
the City of Richmond cannot have a reputation as being
corrupt for our own future together. Therefore,
whatever discipline was imposed on Ms. Knight’s
employment has to correct and extinguish this
appearing of impropriety without granting any
preferential treatment.
Alpha Buie gave comments regarding the plight
of young African Americans seeking employment
specifically ex-offenders returning to the community.
She stated that many African American contractors are
excluded from lists to bid for funding for their
programs.

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Paul Rodgers stated the residents living near
Booker T. Anderson Park were not able to use the park
because of the continuous use of the fields for soccer.
He encouraged the City Council to exam the issue so
that residents in the area were able to enjoy the park
also.
Stacie Plummer gave comments regarding the
Richmond Charter. She stated that charter was created
by the Richmond voters based on an unwavering
foundation of public trust. Ms. Plummer stated that the
charter starts with where the city manager must live, the
prosecutorial duties of the city attorney, and entrust
powers and duties of the City Council, and Personnel
Board. She also stated that trust cannot be off-limits to
the people. Ms. Plummer also stated that a debate
regarding public trust began with City Manager Bill
Lindsay’s press release.
Jackie Thompson stated that permits for soccer
were issued for certain sections of Booker T. Anderson
Park; however, the entire park was being used for
soccer. Ms. Thompson also stated that bullying can be
physical, mental, and emotional. She encouraged the
City Council to review the Personnel Rules. She also
stated that department heads should establish employee
anti-bullying training.
Wesley Ellis stated that Councilmember Beckles
should not flatter herself by thinking she could hurt his
feelings. He stated that the rift between he and
Councilmember Beckles began when she told him that
he did not have a clue about anything, and called his
name out among all the citizens seated in the Council
Chambers.
Stan Fleury thanked Mayor McLaughlin and
Councilmember Beckles for having the courage to start
a discussion among the leadership of the City of
Richmond regarding current issues taking place within
the City of Richmond. Mr. Fleury stated that it was
with great peril that issues were brought fourth to the
City Council, and he encouraged the City Council to
help employees and continue to listen to what they have
to say.
Niechelle Gordan stated that she was trying to
acquire a new business license within the City of
Richmond and left a message with the appropriate
department; however, no one returned her call. Mr.
Lindsay will follow-up with the department.
Lalo Herrera gave comments regarding Human
Resources Director and Assistance City Manager Leslie
Knight stating she was the worst offender of the City’s
policies and procedures.
Andre Soto congratulated Councilmember
Beckles for apologizing to the public for hurtful
comments she made. He also thanked Mayor
McLaughlin and Councilmember Beckles for
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demanding accountability, justice, and equality for all
employees within the City of Richmond. Mr. Soto also
stated that the kind of favoritism that has been shown
undermines the credibility of management and he hopes
that issues are resolved in a fair and equitable manner
that preserves the integrity of city government.
Raymond Dryer thanked the City Council for
pulling the resolution regarding Human Resources
Director and Assistance City Manager Leslie Knight
and taking the issue to Closed Session to hear the report
in its entirety. Mr. Dryer stated that as children you
learn that taking something that does not belong to you
was theft, and encouraged the City Council to following
through with a proper decision.
Michael Beer stated that there will not be a Silly
Parade this year and thanked the many organizations
and individuals for past support.
Bea Roberson encouraged citizens to attend the
Marine Clean Energy (MCE) Meeting, Monday,
April 22, 2013, from 6:30 p.m. to 8:30 p.m. in the
Multipurpose Room at Levone De Jean Middle School,
3400 Mac Donald Avenue; citizens will learn and be
able to ask questions regarding their options when MCE
rolls out its program.
Sam Casas encouraged the City Council to
establish an ethics commission and also to demand a
detailed budget to restore public trust.
Bishop Andre Jackson invited everyone to a
public meeting with Senator Loni Hancock, Friday,
April 5, 2013; 1:30 to 3:30 p.m. in the Richmond
Council Chambers, regarding the findings of the
Chevron fire.
Marilyn Langlois stated that according the
investigative report summary released there has been a
violation of public trust by Human Resources Director
and Assistance City Manager Leslie Knight; a top
leader that should be a role-model to all employees and
should be held accountable. Ms. Langlois stated that
since the information that was shared indicated a
misuse of public funds, the pubic wants and needs to
know what would be done about it. Ms. Langlois also
stated that she supports the residents and city employees
that are calling for honesty, integrity, and fairness.
Juan Reardon stated that Richmond residents
pay taxes to pay salaries of city staff, and it was
essential that residents could trust the people spending
the money. Mr. Reardon stated that those that manage
others should be held to the highest standards of
accountability. Mr. Reardon also reminded everyone
that when Mayor McLaughlin learned that an individual
in her office was embezzling funds, she immediately
terminated the individual and initiated criminal charges.
He also stated that an investigation revealed that
Human Resources Director and Assistance City
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Manager Leslie Knight knowingly took money that she
was not entitled to from the City of Richmond and has
been given a pass by City Manager Bill Lindsay. He
encouraged the Mr. Lindsay to following the example
of Mayor McLaughlin and immediately stop tolerating
fraud and remove those committing it.
Texanita Bluitt thanked the City Council for
holding the joint meeting with the West Contra Costa
County School Board and promoting renovations to the
Kennedy Swim Center and schools throughout the City
of Richmond. Ms. Bluitt stated that the community
needs to work together to improve the quality of
education for our children.
Rodney Ferguson stated that justice delayed was
justice denied and that it was time for the City Council
do the right thing. He encouraged the City Council to
be an example to all people that were trying to get their
lives together and if the City Council could not make
the hard decisions, then it would be difficult for others
to make the hard decisions.
Charles Smith started his address to the City
Council by quoting from a speech by President Obama
that stated “everyone plays by the same set of rules.”
Ms. Smith stated that everyone playing by the same
rules was one of the most cherished values. Mr. Smith
stated that he would suggest that if Mr. Lindsay does
not believe that Human Resources Director and
Assistant City Manager Leslie Knight has committed
crimes that merit the termination of her contract, then
he was ethnically challenged.
Mike Parker thanked Stacie Plummer for the
courage to demand that the City live up to the standards
of integrity that citizens want. He also stated that a city
only works when the citizens have trust in city
government and that public trust in the City of
Richmond leadership must be restored. Mr. Parker also
stated that the City of Richmond must find a way to
make it clear that there would be zero tolerance for any
managers of the City of Richmond who believes that
they are above the rules.
REPORT FROM THE CITY ATTORNEY OF
FINAL DECISIONS MADE AND NONCONFIDENTIAL DISCUSSIONS HELD DURING
CLOSED SESSION
City Attorney Bruce Reed Goodmiller stated
that there were no reportable actions.
CITY COUNCIL CONSENT CALENDAR
On motion of Councilmember Rogers, seconded
by Councilmember Beckles all items marked with an
(*) were approved by the unanimous vote of the
Council.

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*- Authorized the library and cultural services
director to accept federal Library Services and
Technology Act (LSTA) Reimbursement Funds in the
amount of $6,000, and approve an amendment to the
Fiscal Year 2012/13 operating budget, increasing
library fund revenue and expenditures in the amount of
$6,000, allowing these LSTA funds to be used to
purchase literacy materials for the Literacy for Every
Adult Program (LEAP).
*-Approved a contract with CPS HR Consulting
to develop and administer promotional examinations for
Fire Captain, Fire Engineer, and Fire Inspector I in an
amount not to exceed $55,000 and for a term of April 3,
2013, to June 30, 2015.
*-Adopted Resolution No. 25-13 amending the
City of Richmond's Position Classification Plan to add
the new classification of Duplicating/Mail Specialist I/II
and delete the classifications of Duplicating/Mail
Assistant and Senior Duplicating/Mail Assistant.
The matter to introduce an ordinance for first
reading establishing the wages, salary, and
compensation for the new classification of
Duplicating/Mail Specialist I (Salary Range No. 12:
$3,403 - $4,137/month) and, the new classification of
Duplicating/ Mail Specialist II (Salary Range No. 18:
$3,743 - $4,551/month) was presented by City Manager
Bill Lindsay. Diane Canepa gave comments. The
matter was continued to April 16, 2013, to gather
more information.
The matter to approve an amendment to the
contract with Strongbuilt Construction Company for
building repair work performed at 1350 Kelsey Street in
the amount of $5,912.77, increasing the total cost of the
project to $12,792.77, and extending the term through
March 31, 2013, was presented by Project Manager
Craig Murray. On motion of Vice Mayor Booze,
seconded by Councilmember Myrick approved an
amendment to the contract with Strongbuilt
Construction Company by the following vote: Ayes:
Councilmembers Bates, Butt, Myrick, Rogers, Vice
Mayor Booze, and Mayor McLaughlin. Noes: None.
Abstentions: None. Absent: Councilmember
Beckles.
*-Approved an amendment to the lease of
property located at 500 23rd Street (RichmondBUILD
III), extending the term for the six-months ending June
30, 2013, at a cost of $5,000 per month, for a total lease
payment of $30,000.
*-Approved an amendment to the contract with
The Glen Price Group to develop the Richmond
Workforce Investment Board Strategic Plan for 20132017 and various grant applications by the agreed upon
target dates. The amended contract term will be
September 20, 2012, through December 31, 2013. The

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contract amount will be increased by $46,000 for an
amount not to exceed $55,500.
The matter to approve a one-year contract with
Regina Almaguer, LLC for services as project manager
of the Port of Richmond Public Art Project in an
amount not to exceed $33,750 was presented by Arts
Director Michele Seville. Angel Perez, Bruce Beyaert,
Tom Leatherman, and Fletcher Oakes gave comments.
A motion was made by Councilmember Bates,
seconded by Councilmember Beckles to approve a oneyear contract with Regina Almaguer, LLC for services
as project manager of the Port of Richmond Public Art
Project. A substitute motion was made by
Councilmember Butt to direct the Port Department to
contribute the entire cost of $600,000 and contribute
$225,000 to the Arts Advisory Committee and another
$225,000 to finish the Bay Trail Project failed for lack
of a second. The original motion passed by the
following vote: Ayes: Councilmembers Bates, Beckles,
Rogers, Vice Mayor Booze, and Mayor McLaughlin.
Noes: Councilmember Butt. Abstentions:
Councilmember Myrick. Absent: None.
The matter to approve the following
reappointments to: Commission on Aging: Myrtle
Braxton, incumbent, term expiring May 19, 2015;
Delores Johnson, incumbent, term expiring May 19,
2015; Beverly Wallace, incumbent, term expiring May
19, 2014; Eli Williams, incumbent, term expiring May
19, 2014; Human Relations and Human Rights
Commission: Betty Burrus-Wright, incumbent, term
expiring March 30, 2016; Point Molate Citizen
Advisory Committee: Charles Smith, incumbent, term
expiring May 3, 2015; Recreation and Parks
Commission: Pam Saucer-Bilbo, incumbent, term
expiring October 26, 2015; Economic Development
Commission: Qiana Riley, incumbent, term expiring
March 30, 2016, was pulled for public comments by
Jackie Thompson. Following public comment on
motion of Vice Mayor Booze, seconded by
Councilmember Bates approved the reappointments by
the unanimous vote of the City Council.
*-Adopted Ordinance No. 4-13 establishing the
wages, salary, and compensation for the new
classification of Source Control Superintendent (Salary
Range No. 064D: $7,277 - $8,829/month).
The matter to approve an Advisory Services
Agreement with Mortgage Resolution Partners, LLC to
assist the City of Richmond in reducing the impact of
the mortgage crisis, by advising on the acquisition of
mortgage loans through the use of eminent domain, in
order to restructure or refinance the loans and thereby
preserving home ownership, restoring homeowner
equity and stabilizing the communities' housing market
and economy by allowing many homeowners to remain
in their homes was presented by City Manager Bill
Lindsay. (At 11:00 p.m. on motion of Councilmember

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Myrick, seconded by Mayor McLaughlin extended the
meeting to finish the current item with
Councilmember Butt voting Noe). Councilmember
Butt left the meeting at ll:15 p.m. Leland Chan and
Melvin Willis gave comments. A motion was made by
Councilmember Beckles, seconded by Councilmember
Myrick to approve an Advisory Services Agreement
with Mortgage Resolution Partners, LLC.
Councilmember Myrick requested a report back from
staff regarding loan criteria and specifics. A substitute
motion was made by Vice Mayor Booze, seconded by
Councilmember Bates to hold the item over for 30 days
to gather more information. Following discussion,
Councilmember Bates withdrew his second. The
original motion to approve an Advisory Services
Agreement with Mortgage Resolution Partners, LLC
passed by the following vote: Ayes: Councilmembers
Bates, Beckles, Myrick, Rogers, Vice Mayor Booze,
and Mayor McLaughlin. Noes: None. Abstentions:
None. Absent: Councilmember Butt.
RESOLUTIONS
Withdrew from the agenda the matter to adopt
a resolution calling for restoration of public trust
through the removal of an executive City employee
from current position.
The matter to adopt a resolution in support of
AB 218 (Dickinson) to expand the “Ban the Box”
policy to state employment to eliminate the inquiry
about criminal history on any initial employment
application was presented by Councilmember Beckles
and Mayor McLaughlin. Jackie Thompson, Marilyn
Langlois, and Eduardo Martinez gave comments. On
motion of Councilmember Beckles, seconded by
Councilmember Myrick adopted Resolution No. 26-13
by the unanimous vote of the City Council.
COUNCIL AS A WHOLE
The matter to review the proposed Term Sheet
for post-collection services as negotiated between
RecycleMore and Republic Services and authorize an
agreement based on this Term Sheet and review the
proposed solid waste collection services based on the
Term Sheet, and other possible modifications to
collection services, and authorize staff to develop a
proposed agreement with Republic Services regarding
these service modifications for subsequent Council
approval was presented by Sustainability Associate
Jennifer Ly and Rob Hilton, from HF&H Consultants.
A motion was made by Vice Mayor Booze, seconded by
Councilmember Myrick to review the proposed Term
Sheet for post-collection services as negotiated between
RecycleMore and Republic Services and authorize an
agreement based on this Term Sheet and review the
proposed solid waste collection services based on the
Term Sheet, and other possible modifications to
collection services, and authorize staff to develop a

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proposed agreement with Republic Services regarding
these service modifications for subsequent Council.
Councilmember Myrick offered a friendly amendment
to negotiate the best deals for the citizens for Richmond
as details are worked out. The friendly amendment was
accepted. Councilmember Bates requested that staff
prepare an analysis of the benefits of keeping the JPA.
The motion including the friendly amendment was
approved by the unanimous vote o the City Council.
The matter to discuss and give direction to staff
regarding the Code Enforcement Department's use of
contractors outside the City of Richmond for Code
Enforcement demolitions was presented by Vice Mayor
Boozé and Code Enforcement Manager Tim Higarres.
This item was referred to the Public Safety Committee,
and Vice Mayor Boozé also requested that a staff form
a committee in addition to the Public Safety Committee
specifically to discuss the issue.
The matter to consider directing the city
manager to prepare a plan to publicize and to assist
residents to take advantage of programs for free or
reduced cost access to the Internet, including seeking
out grants was presented by Councilmember Rogers and
Mayor McLaughlin. Councilmember Bates suggested
that staff outreach to the Richmond Neighborhood
Councils to inform citizens. Jackie Thompson and Ken
Maxey gave comments. On motion of Councilmember
Rogers, seconded by Mayor McLaughlin directed the
city manager to prepare a plan to publicize and to assist
residents to take advantage of programs for free or
reduced cost access to the Internet, including seeking
out grants by the unanimous vote of the City Council.
The matter to receive a report from staff on the
status of proposed solar powered streetlights along
Richmond Parkway was presented Councilmember
Beckles. City Manager Bill Lindsay gave an oral
report. Councilmember Beckles directed staff to submit
a feasibility study of solar powered streetlights. Vice
Mayor Booze stated that the installation of lighting on
the Richmond Parkway was currently underway. Sims
Thompson gave comments.
REPORTS OF OFFICERS: STANDING
COMMITTEE REPORTS, REFERRALS TO
STAFF, AND GENERAL REPORTS (INCLUDING
AB 1234 REPORTS)
Councilmember Bate announced that Richmond
citizen Myrtle Hunt passed and requested that Mayor
McLaughlin adjourn the meeting in honor of her
memory.

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ADJOURNMENT
There being no further business, the meeting
adjourned at 11:31 p.m. in memory of Richmond
resident Myrtle Hunt, to meet again on Tuesday,
April 16, 2013, at 6:30 p.m.

City Clerk
(SEAL)
Approved:

Mayor

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