Agenda: September 11th Special Board of Directors Meeting

SPECIAL MEETING
BOARD OF DIRECTORS

PLEASE TAKE NOTICE that the Chair of the Board of Directors has called a special meeting of the Board to take place at 10:00 a.m. on Friday, September 11, 2015.
The agenda for the meeting is set forth below.

Date:       Friday, September 11, 2015
Time:      10:00 a.m.

Location:
Harbor Community Benefit Foundation
302 W. 5th Street, Suite 300, San Pedro, CA 90731

BOARD MEMBERS:

Sean Hecht – Chair, David Sloane – Vice Chair, Michele Prichard – Treasurer, Jesse Marquez – Secretary; Dr. Silvia Prieto, David Thornburg and Kathleen Woodfield.

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

AGENDA

ITEM A. PUBLIC COMMENT

ITEM B.
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”).

Background:

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 will be distributed to Board members and made available to the public prior to this Special Meeting.

Recommendations to Board:

Board shall consider and vote,

  1. 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. 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. 
  1. MEETING ADJOURNED

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