Agenda: September 18th Board of Directors Meeting

BOARD OF DIRECTORS MEETING
San Pedro Municipal Building
638 S. Beacon Street, Room 452, San Pedro, CA 90744
Friday, September 18, 2015, 10:00 A.M.

BOARD MEMBERS:
Sean Hecht, Chair; David Sloane, Vice Chair; Jesse Marquez, Secretary; Michele Prichard, Treasurer; Silvia Prieto; Director; David Thornburg, Director; and Kathleen Woodfield, Director

HCBF: Ben Schirmer, Meghan Reese, and Ata Khan
LEGAL COUNSEL: Michael Jenkins, Jenkins & Hogin LLP

AGENDA

ITEM A. PUBLIC COMMENT ON NON-AGENDA ITEMS

ITEM B. EXECUTIVE DIRECTOR REMARKS

ITEM C. BOARD MEMBER REMARKS

ITEM D. GUEST PRESENTATION(S) – none

CONSENT ITEM(S)

ITEM 1. REVIEW AND APPROVAL OF MINUTES OF HCBF BOARD MEETING DATED AUGUST 21, 2015

Recommendation to Board: Approval of the minutes of the HCBF Board meeting dated August 21, 2015.

ITEM 1. REVIEW AND APPROVAL OF THE MEMORANDUM OF AGREEMENT AMONG THE CITY OF LOS ANGELES ACTING THROUGH THE BOARD OF HARBOR COMMISSIONERS, THE HARBOR COMMUNITY BENEFIT FOUNDATION, AND THE CHINA SHIPPING PETITIONERS REGARDING THE INDEPENDENT AIR QUALITY MITIGATION PROGRAM REQUIRED BY THE CHINA SHIPPING AMENDED STIPULATED JUDGMENT (“HCBF CHINA SHIPPING AGREEMENT”).

SUMMARY: In 2003, NRDC, Coalition for Clean Air and two San Pedro Homeowners entered into a settlement agreement to resolve a CEQA dispute involving the plan of the Port of Los Angeles (POLA) to expand the China Shipping terminal. The settlement agreement obligated the City of Los Angeles and POLA to, among other things, create a $50 million air quality and aesthetic mitigation fund. Of that fund, $20 million was earmarked for reduction of air pollution from port operations (e.g., projects that reduced emissions from ships, locomotives, trucks, and tug boats). For various reasons, the entire air quality fund was not spent by the date required in the settlement agreement; over $9 million remains today. Pursuant to the original China Shipping settlement agreement, the parties now have agreed on “an independent air quality mitigation program” to administer the funds, with “restrictions sufficient to ensure that such funds are used to reduce Port-related emissions.” Under the proposed new agreement (“HCBF China Shipping Agreement”), HCBF will play a key role in the program to administer approximately $5.2 million of the remaining funds, by developing RFPs, soliciting proposals, evaluating those proposals, selecting projects to fund, and managing the flow of funds under the program. The terms of the draft agreement have been negotiated over the past three years among Port staff and attorneys, representatives of the China Shipping plaintiffs, and HCBF representatives. Approval of the HCBF board, the Board of Harbor Commissioners, and each of the China Shipping plaintiffs will be necessary for the agreement to be effective. A copy of the proposed HCBF China Shipping Agreement is attached to this Agenda. Additionally, a memorandum reviewing key features of the proposed HCBF China Shipping Agreement is available here.

 

Recommendations to Board:

1. Consider and vote to approve Harbor Community Benefit Foundation proceeding to enter into the contract presented for review, in its substantial form, known as the HCBF China Shipping Agreement, and,

2. Consider and vote to authorize Ben Schirmer, in his capacity as the Executive Director of the Harbor Community Benefit Foundation, to sign the final HCBF China Shipping Agreement.

ITEM 2. BOARD OF DIRECTORS ELECTION

SUMMARY: In accordance with the bylaws, the seven-member Board shall hold an annual meeting, to include “the appointment or election of Directors, appointment of Officers, review of the annual budget and transaction of other business”.

On May 31, 2011, the HCBF Board of Directors convened for the first time. Board members are limited to three terms. The third and final term of founding Director F, Silvia Prieto, expired in May 2015. Under HCBF’s bylaws, appointments and reappointments to all the currently-expiring Board member seats require selection, nomination, and/or other approval by outside entities. LA County Public Health Department has nominated Cristin Mondy has Director F, and the Board of Harbor Commissioners will consider the nomination on September 17th, 2015.

Under Bylaw 7.3, a Director serves “until the appointment or election and qualification of a successor.” Thus, all current directors continue to serve continuously until their term is renewed or a successor is elected or appointed.

Recommendations to Board:

a) Board shall consider and vote on the selection by LA County Public Health Department of Cristin Mondy for Director seat F.

ITEM 3. DISCUSS 2016 BUDGET

Summary: Ben Schirmer, Executive Director, will discuss the process involved with drafting HCBF’s 2016 Operating Budget, including input from the Board. As noted in item #1, HCBF is scheduled to receive China Shipping funding of approximately $5.2 million. This item will include a discussion about developing a preliminary spending strategy for the initial payment of $250,000 for administrative costs received as part of the China Shipping funding that is to be used to develop an RFP. These funds need to be considered in the 2016 operating budget development. Page 3 of 3

6. MEETING ADJOURNMENT

Next Meeting:
Friday, October 16, 2015
Wilmington Chamber of Commerce
544 N. Avalon Blvd.
Wilmington, CA 90744

PUBLIC BOARD MEETINGS:

Public Input: An opportunity for the public to address the Board on Agenda items or other items germane to the business of the Board will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Staff. A speaker will be limited to (3) minutes to speak on public interest items.

Agendas: Agendas contain a brief description items to be considered. Where Staff recommendations are made, please note that the Board may exercise its discretion to take action on any action item, up to and including final approval.

Quorum: 4 members of the Board constitute a quorum for the transaction of business. Consent items may be approved without discussion.

Regular Meetings: The Board shall meet regularly, typically on a monthly basis (times and locations To Be Determined). Agenda is subject to revision in accordance with the Brown Act. Agendas will be available in hard copy at the meeting.

Harbor Community Benefit Foundation does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. If you require special assistance to participate in this meeting, you must submit your request in writing to the above address at least one week prior to the meeting.

HCBF can be contacted at (310) 997-7116. www.hcbf.org or info@hcbf.org