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

Filing 61

Declaration of Brian Hershman in Support of 60 Declaration in Support, of Motion for Rule 11 Sanctions, Exhibit H, Part 1 of 2 filed byU.S. Bank National Association. (Attachments: # 1 Exhibit H, Part 2 of 2, # 2 Exhibit I, Part 1 of 2, # 3 Exhibit I, Part 2 of 2, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit L)(Related document(s) 60 ) (Hershman, Brian) (Filed on 11/22/2013)

Exhibit K

RICHMOND, CALIFORNIA,
September 10, 2013
The Richmond City Council Evening Open
Session was called to order at 5:15 p.m.
ROLL CALL
Present: Councilmembers Bates, Butt, Myrick,
Rogers, Vice Mayor Boozé, and Mayor McLaughlin.
Absent: Councilmember Beckles.
PUBLIC COMMENT
The 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 EXISTING LITIGATION (Subdivision [a] of
Government Code Section 54956.9):
Wells Fargo vs. City of Richmond

Bank of New York vs. City of Richmond
Chevron vs. Contra Costa County
CONFERENCE WITH LABOR
NEGOTIATORS (Government Code Section
54957.6):
Agency designated representatives: Bill Lindsay, Jack
Hughes, Michael Banks, Bruce Soublet, and Lisa Stephenson;
Employee organization: Richmond Fire Management
Association (RFMA
Agency designated representatives: Bill Lindsay, Jack
Hughes, Lisa Stephenson, Bruce Soublet, and Chris Magnus;
Employee organization: Richmond Police Officers’
Association (RPOA

There were no speakers.
The Open Session adjourned to Closed Session
at 5:16 p.m. Closed Session adjourned at 6:57 p.m.
The Special Regular Meeting of the Richmond
City Council was called to order at 7:08 p.m. by Mayor
McLaughlin who led the Pledge of Allegiance to the
Flag.
ROLL CALL
Present: Councilmembers Bates, Butt, Myrick,
Rogers, Vice Mayor Boozé, and Mayor McLaughlin.
Absent: Councilmember Beckles arrived at 7:13 p.m.

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STATEMENT OF CONFLICT OF INTEREST
None.
AGENDA REVIEW
Items G-1, G-2, G-4, G-10, G-13, G-14, G-17,
G-19, and G-22 were removed from the Consent
Calendar. A motion was made by Councilmember
Bates, seconded by Vice Mayor Boozé to overturn the
mayor’s decision to hear from staff after the public
speaks. The motion failed by the following vote: Ayes:
Councilmember Noes: Abstentions: None. Absent:
None. Continued Item G-20 to September 17, 2013.
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.
OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg stated that he was attacked by a
Richmond Progressive Alliance member during the
Saturday, August 3, 2013, March on Chevron Refinery.
David Gesinger stated that he has been trying to
buy a home in the City of Richmond for approximately
one year and was continuously outbid by Wall Street
investors that are giving cash only offers. Mr. Gesinger
also stated that realtors are listing homes for cash only
offers, and requested that the City of Richmond look
into this situation.
Leonard Taylor gave comments regarding
personal issues with East Bay Mudd.
Antwon Cloird stated that all black organizations
in the City of Richmond were not homophobic,
specifically the Men or Purpose.
Sims Thompson stated the City Council should
be careful how it treats the community, and should work
to protect the community.
Bill Pinkham stated that over 3000 people
showed for the Saturday, August 3, 2013, peaceful
March on Chevron Refinery. Mr. Pinkham also
commended the Richmond Police Department for its
treatment of the demonstrators.
Dana Chase stated that her children are not
allowed to watch the Richmond City Council meetings
because of the behavior of the Councilmembers. She
stated that the Councilmembers should show respect for
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one another. Ms. Chase also stated that Mayor
McLaughlin should try to get along with other
Councilmembers.
Jackie Thompson stated that Stege Avenue does
not have regular street sweeping and requested that staff
address this issue. She also stated that violence
prevention in the City of Richmond should be funded.
Vinay Pimple stated that he has an alternative for
the mayor to gain control of Council Meeting as
opposed to immediately calling a recess. He stated that
the mayor should ring a bell to give a warning when
individuals and Councilmembers are out of order, and if
there is no compliance, than call a recess.
Mike Peritz invited everyone to the West Contra
Costa County Unified School District Meeting on
Wednesday, September 11, 2013; Kennedy High raised
its Academic Performance Index and will be honored.
He also stated that the “Day at the K” will return the
first Saturday in October 2013.
Eduardo Martinez stated that events such as the
Cease Fire Walks and different music festivals pull
Richmond together. Mr. Martinez announced that there
would be a music festival on Friday, September 13,
2013, 5:30 p.m. in Point Richmond, and also a Laurel
Street Blues Festival on Sunday, September 22, 2013.
Andre Soto stated that on Friday, August 2,
2013, there was a press conference at City Hall where
the City of Richmond announced its lawsuit against
Chevron for the refinery fire and explosion. Mr. Soto
also stated that on Saturday, August 3, 2013, 3000
people showed for the peaceful March on Chevron
Refinery, and he thanked the Richmond Police
Department for its support. Mr. Soto also reported that
on Monday August 5, 2013, Chevron pled “no contest.”
He also stated that individuals gathered on Tuesday,
August 6, 2013, for a memorial of the actual anniversary
of the toxic fire and explosion. Mr. Soto also stated
that it was wonderful when the citizens confront the
powers that are trying to oppress them.
Silvia Ledezma announced that there will be a
benefit concert for Los Cenzontles “Supporting Roots”
Campaign to raise funds to expand and renovate its
facility and expand its renowned cultural arts
programming, Sunday, September 29, 2013, 7:00 p.m.
at the Craneway Pavilion. The concern will feature
Jackson Browne, David Hidalgo, and Los Cenzontles,
and tickets may be purchased at
www.jacksonbrowne.com.
Andre Carpiaux gave comments in support of
Vice Mayor Boozé and asked Mayor McLaughlin not to
interrupt Vice Mayor Boozé when he was speaking.

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CITY COUNCIL CONSENT CALENDAR
On motion of Councilmember Myrick, seconded
by Councilmember Rogers all items with an (*) were
approved by the unanimous vote of the City Council.
The matter to introduce an ordinance for first
reading updating Chapter 12.22 of the Richmond
Municipal Code that pertains to Stormwater
Management and Discharge Control in order to comply
with regulatory requirements was presented by City
Manager Bill Lindsay. On motion of Councilmember
Butt, seconded by Councilmember Myrick said
ordinance received first reading and was laid over to
September 17, 2013, for second reading by the
unanimous vote of the City Council.
Continued to September 17, 2013, the matter
to receive the Grand Jury Report No. 1311, "Assessing
Financial Risk," and review and approve the response to
this report.
*-Approved the annual support and user license
agreement with Faster Asset Solutions by CCG
Systems, Inc. for fleet management software used in
maintaining data records of city-owned equipment, in an
amount not to exceed $11,350 for Fiscal Year 2013/14
and in an amount not to exceed $12,000 per year for
Fiscal Years 2014/15 and 2015/16.
Continued to September 17, 2013, the matter
to reject all bids received for the Urban Runoff
Treatment Retrofits at 1st Street and Cutting Boulevard,
and re-advertise this project.
*-Approved a Memorandum of Understanding
(MOU) between Rubicon Programs, Inc. and Richmond
Public Library-LEAP, allowing the LEAP Program to
receive $32,030 for the period of July 1, 2013, through
June 30, 2014, in exchange for providing basic literacy
and GED preparation for Rubicon, and APPROVE an
amendment to the Fiscal Year 2013-2014 Operating
Budget increasing library fund revenue and expenditures
in the amount of $32,030.
*-Approved a Memorandum of Understanding
(MOU) between Bay Area Community Resources
(BACR) and Richmond Public Library-LEAP to allow
BACR to place a VISTA position at Richmond Public
Library-LEAP to support volunteer recruitment at a
cost to LEAP of $14,664.
*-Approved an agreement with the California
State Library allowing the Richmond Public LibraryLEAP to receive funding to provide literacy services for
the City of Richmond, AUTHORIZE the Library and
Cultural Services Director to accept the State funds in
the amount of $10,000, and APPROVE an amendment
to the Fiscal Year 2013-14 Operating Budget to
increase library fund revenue and expenditures in the

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amount of $10,000.
*-Adopted Ordinance No. 16-13 N.S. to
establish wages, salaries, and compensation for the
classifications represented by the International
Federation of Professional and Technical Employees
(IFPTE Local 21) in the city's classified service, and
repealing Ordinance No. 38-06 N.S.
*-Approved the grant-funded purchase of a
mobile office/storage combination trailer for the
Richmond Fire Department Marine Response Program
from Mark Holmes, dba Holmes Construction, using
Fiscal Year 2012 Bay Area Urban Area Security
Initiative (UASI) funds in an amount not to exceed
$24,500.
Continued to September 17, 2013, the matter
to approve a contract amendment with TPA
Construction Inc. for completion of the Dornan Drive
Tunnel Project, increasing the contract amount by
$330,000 for a total of $1,405,328.
*-Adopted Resolution No. 89-13 approving a
Memorandum of Understanding (MOU) between
RFMA and the City of Richmond. The MOU will be
effective from July 1, 2013, through June 30, 2016, and
provides for a 3% annual salary increase each
September 1 for the years 2013, 2014, and 2015. The
salary increase is offset by RFMA members contributing
an additional 1% per year toward CalPERS pension cost
(3% over the life of the contract, for a total contribution
of 12% at the end of the term).
*-Introduced an ordinance for first reading to
establish wages, salaries, and compensation for the
classifications represented by the Richmond Fire
Management Association (RFMA) in the City's
classified service, and repealing Ordinance No. 39-06
N.S.
Continued to September 17, 2013, the matter
to approve a contract with Networkfleet for Global
Positioning System (GPS) tracking and management in
an amount not exceed $95,000 for a two-year term, and
the option for two one-year extensions in an amount not
to exceed $47,500 per year.
Continued to September 17, 2013, the matter
to approve a contract with AAA Fence Company, Inc.
for chain link fence repair and replacement surrounding
the sport courts at Belding-Garcia Park and Lucas Park
in an amount not to exceed $40,582.30 which includes a
10% city controlled cost contingency. The contract
term will be from September 11, 2013 to June 30, 2014.

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*-Approved a service contract with BMW
Motorcycles of San Francisco to provide regular
maintenance and repair services for the Richmond Police
Department's BMW motorcycle fleet, at a cost not to
exceed $60,000 ($30,000 per year, for a two-year term)
from July 1, 2013, through June 30, 2015.
*-Accepted and appropriated a grant from Cities
of Service in the amount of $25,000 to expand writing
support to high school students through the
WritersCoach Connection Program at Richmond High
School; and approved the appropriation of a bonus grant
of up to $5,000, contingent upon the grantee meeting
the year-one impact benchmarks specified in the Cities
of Service Impact Volunteering Fund Memorandum of
Understanding.
In the matter to approve the following
appointments and re-appointments: Historic
Preservation Commission: Kimberly Butt, incumbent,
term expiring July 31, 2017; Robin Cawelti, incumbent,
term expiring July 31, 2017; Point Molate Community
Advisory Committee: Eduardo Martinez, incumbent,
term expiring May 30, 2015; Workforce Investment
Board: Uche Justin Uwahemu, new appointment; Jake
Sloan, new appointment; Economic Development
Commission: David Schoenthal, new appointment, term
expiring March 30, 2016; D. Dexter Vizinau, new
appointment, term expiring March 30, 2016; and
Commission on Aging: Kathleen Good, new
appointment, term expiring May 19, 2015; on motion of
Councilmember Butt, seconded by Mayor McLaughlin
approved the appointments and reappointments by the
following vote: Ayes: Councilmembers Bates, Beckles,
Butt, Myrick, Rogers, Vice Mayor Boozé, and Mayor
McLaughlin. Noes: Councilmember Bates and Vice
Mayor Boozé voted Noe on the reappointment of
Eduardo Martinez to the Point Molate Community
Advisory Committee. Abstentions: None. Absent:
None.
*-Approved the minutes of the July 23 and 30,
2013, special meetings.
The matter to direct the Richmond City
Councilmembers that represent the City of Richmond on
the West Contra Costa Integrated Waste Management
Authority ("RecycleMore") Board of Directors to place
on that agency's agenda, and to vote in support of, an
amendment to the West Contra Integrated Waste
Management Authority Joint Powers Authority
Agreement that provides more flexibility to members
wishing to withdraw from the Authority was presented
by City Manager Bill Lindsay. Chris Leon gave
comments. On motion of Councilmember Butt,
seconded by Councilmember Beckles directed the
Richmond City Councilmembers that represent the City
of Richmond on the West Contra Costa Integrated
Waste Management Authority ("RecycleMore") Board
of Directors to place on that agency's agenda, and to

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vote in support of, an amendment to the West Contra
Integrated Waste Management Authority Joint Powers
Authority Agreement that provides more flexibility to
members wishing to withdraw from the Authority by the
unanimous vote of the City Council.
Continued to September 17, 2013, the matter
to introduce an ordinance to ban alcohol billboards near
schools, in order to reduce the number of minors who
become at risk for alcohol abuse due to starting to drink
before they can make an informed, adult choice.
*-Designated Councilmember Butt as voting
delegate to represent the City of Richmond at the
Annual Business Meeting of the League of California
Cities 2013 Annual Conference to be held September
18-20, 2013, at the Sacramento Convention Center,
Sacramento, California.
In the matter to adopt a resolution authorizing
the city manager to enter into and execute all
agreements necessary to amend and assess franchise fees
for the collection and processing of trash, recyclables,
and green waste to compensate the city for fiscal
impacts caused by roadway maintenance, litter
abatement, and Storm Water Program management,
Chris Leon gave comments. A motion was made by
Councilmember Butt, seconded by Councilmember
Beckles to approve the item. A friendly amendment was
offered by Councilmember Bates to modification to the
language to read “to adopt a resolution authorizing the
city manager, with approval of the City Council, to enter
into and execute all agreements necessary to amend and
assess franchise fees for the collection and processing of
trash, recyclables, and green waste to compensate the
city for fiscal impacts caused by roadway maintenance,
litter abatement, and Storm Water Program
management. The friendly amendment was accepted
and Resolution No. 90-13 was adopted by the
unanimous vote of the City Council.
PUBLIC HEARINGS
Continued to September 17, 2013, receive
testimony regarding the proposed Consolidated Action
Plan Evaluation Report (CAPER) and approve the
2012-2013 CAPER.
COUNCIL AS A WHOLE
Mayor McLaughlin combined Items I-1, I-2, and
I-3; however, each item had a separate vote. City
Manager Bill Lindsay gave an overview of the eminent
domain process. The following individuals gave
comments: Rosa Lara, Sylvia Gray-White, Antwon
Cloird, Paul Larudee, Bill Pinkham, Karen Franklin,
Jackie Thompson, Mike Parker, Joshua
Genser, John Frangoulis, Scott Barker, Maria
Katznelson, Jerry Feagley, Renee Bartels, Pam Bilbo,
Patty Castillo, Ariana Casanova, Megan Roberts, Susan

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Harman, J. P., Mark Wassberg, Lisa Johnson, Jeff
Romm, Katrinka Ruk, Susan Bazela, Harris Crackin,
Bea Roberson, Morris LeGrand, Edward Stevens,
Tarnel Abbott, Ali Marshall, Maximo Rivera, Don
Winters, Stephanie Harvey, Vinay Pimple, Melvin
Willis, Betty Reid Soskin, Kate Sibley. (On motion of
Councilmember Myrick, seconded by Councilmember
Beckles to suspend the rules past 11:30 p.m. and hear
the speakers and vote on each item passed by the
following vote: Ayes: Councilmembers Butt, Beckles,
Rogers, and Mayor McLaughlin. Noes: None.
Abstentions: Councilmember Bates and Vice Mayor
Boozé. Absent: None.) Speakers continued with: Amy
Schur, Andre Soto, Eduardo Martinez, Tracy Fetter,
Dennis Dalton, Darlina Darlgna, Brant Fetter, Donald
Johnson, Maeve Elis Brown, Tony Sustak, Doug
Gilbert, Doria Robinson, Najari Smith, Katy Robinson,
Margaret Jordan, Genny Zentelle, Juan Reardon,
Michael Leedie, Margaret Brown, Elsa Stevens, David
Gensinger, Zack Wear, and James Zahradka.
The matter to direct the city manager to
withdraw any offers made to servicers of mortgage
loans to purchase such mortgages based on fair market
value (letters dated July 31, 2013), and to amend the
advisory services agreement with Mortgage Resolution
Partners, LLC to eliminate the option of utilizing
eminent domain as an option to acquire mortgages was
presented by Councilmember Bates and Vice Mayor
Boozé. A motion was made by Councilmember Bates,
seconded by Vice Mayor Boozé to: (1) direct the city
manager to withdraw any offers made to servicers of
mortgage loans to purchase such mortgages based on
fair market value; and (2) permanently end taking
further steps to amend the advisory service agreement
with Mortgage Resolution Partners, LLC to eliminate
the option of using or attempt to use eminent domain to
obtain mortgage loans. On motion of Councilmember
Beckles, seconded by Councilmember Butt ended
debate by the following vote: Ayes: Councilmembers
Beckles, Butt, Myrick, and Mayor McLaughlin. Noes:
Councilmembers Bates, Rogers, and Vice Mayor
Boozé. Abstentions: None. Absent: None. The
motion by Councilmember Bates failed by the following
vote: Ayes: Councilmember Bates and Vice Mayor
Boozé. Noes: Councilmembers Beckles, Butt, Myrick,
Rogers, and Mayor McLaughlin. Abstentions: None.
Absent: None.
The matter to hear a report from staff on
Richmond CARES - the Local Principal Reduction
Program, and direct staff to: (1) to work to set up a
Joint Powers Authority (JPA) together with other
interested municipalities, as a next step forward in the
development of this program; (2) to confirm that no
loans will be acquired by the City through eminent
domain before coming back to the full City Council for a
vote; and (3) to continue working with MRP to resolve
any remaining legal issues was presented by Mayor
McLaughlin. A motion was made by Mayor

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McLaughlin, seconded by Councilmember Beckles to:
(1) to work to set up a Joint Powers Authority (JPA)
together with other interested municipalities, as a next
step forward in the development of this program; (2) to
confirm that no loans will be acquired by the City
through eminent domain before coming back to the full
City Council for a vote; and (3) to continue working
with MRP to resolve any remaining legal issues, and
direct staff to issue monthly reports, and return to the
City Council in 30 days with an update. (A motion was
made by Councilmember Beckles, seconded by
Councilmember Myrick to end debate. The City
Council recessed at 1:35 a.m. and reconvened at 1:37
a.m. Councilmember Myrick withdrew his second
and debate continued.) The motion by Mayor
McLaughlin was approved by the following vote: Ayes:
Councilmembers Beckles, Butt, Myrick, and Mayor
McLaughlin. Noes: Councilmembers Bates, Rogers,
and Vice Mayor Boozé. Abstentions: None. Absent:
None.
The matter to consider informing Mortgage
Resolution Partners (MRP) that if they fail to provide
insurance to protect the City of Richmond from
litigation and related damages due to the city exercising
its power of eminent domain to acquire underwater
mortgages, the city will not proceed with eminent
domain actions was presented by Councilmember
Rogers. A motion was made by Councilmember Rogers
to inform Mortgage Resolution Partners (MRP) that if
they fail to provide insurance to protect the City of
Richmond from litigation and related damages due to
the city exercising its power of eminent domain to
acquire underwater mortgages, the city will not proceed
with eminent domain actions. Councilmember Myrick
seconded the motion with a friendly amendment to
modify language to read “if MRP cannot provide proof
of financial responsibility, the City of Richmond will
reconsider this agreement.” The friendly amendment
was accepted.” Vice Mayor Boozé offered a friendly
amendment to the language to read “if MRP cannot
provide insurance than the City of Richmond will
discontinue business.” The amendment was not
accepted. (A motion by Councilmember Bates,
seconded by Councilmember Beckles to end debate
passed by the following vote: Ayes: Councilmember
Bates, Beckles, Butt, and Mayor McLaughlin. Noes:
Councilmembers Myrick, Rogers, and Vice Mayor
Boozé. Abstentions: None. Absent: None.) The
original motion failed by the following vote: Ayes:
Councilmember Myrick and Rogers. Noes:
Councilmembers Bates, Butt, Beckles, Vice Mayor
Boozé, Mayor McLaughlin.
Continued to September 17, 2013, the matter
to oppose appeals to modify or remove conditions of
Alcohol Beverage Licenses for Val Mar Market located
at 3630 Barrett Avenue, and Family Market located at
700 Pennsylvania Avenue.

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REPORTS OF OFFICERS: STANDING
COMMITTEE REPORTS, REFERRALS TO
STAFF, AND GENERAL REPORTS (INCLUDING
AB 1234 REPORTS)
None.
ADJOURNMENT
There being no further business, the meeting
adjourned at 2:09 a.m. in memory of Pastor Carla
Maxine Jackson and Osborn Hill, to meet again on
Tuesday, September 17, 2013, at 6:30 p.m.

City Clerk
(SEAL)
Approved:

Mayor

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