Regular Meeting Board of Directors
August 3, 2022

Time and Location

Meeting to be held virtually via Zoom. Select to attend the August 3, 2022 meeting via Zoom.

Or call 1 (669) 900-6833, webinar ID 823 5915 7415

  • Executive Session (closed session) 4:00 p.m.
  • Public Session (open session) 5:00 p.m.
Meeting facilities are accessible to persons with disabilities. If you require special assistance to participate in the meeting, notify the Conservancy’s office at (916) 649-3331 at least 48 hours prior to the meeting.

Executive Session (Closed session)

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Executive Session

Executive Session is scheduled for real estate matters pursuant to Government Code 54956.8.

Regular Meeting of the Board of Directors (Open session)

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1. Call to Order of the Regular Meeting of the Board of Directors

The Board Chair will call the meeting to order if a quorum is present. Announcements by the Board Chair or Executive Director may be made at this time. Board members may make announcements at this time as well.

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2. Public Comments

Opportunity for members of the public to address the Conservancy’s Board of Directors.

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3. Approval of consent items including the minutes

All items listed under the Consent Calendar, including minutes, are considered and acted upon by one Motion. Any Board member may request an item be removed for separate consideration. The Board Chair will request approval of the minutes of the Board of Directors meeting of June 1, 2022 and consent items.

Download the Conservancy’s June 1, 2022 Board meeting minutes (PDF, 470 KB)

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4. ICF Biological Effectiveness Monitoring Program Update

At its last Board meeting, the Board authorized an extension of the Biological Effectiveness Monitoring Program (BEMP) contract with ICF International.  (Resolution No. 22.06.07) The backgrounding provided the Board in this regard included a goal of revising the BEMP Program document, which matter would be brought back to this Board at this Board meeting.

Background.The biological monitoring process is guided by a document known as the BEMP Program document. This is a document, when amended, that must be approved by the Wildlife Agencies.

After two decades of biological monitoring, Conservancy management believes that if the program document can be amended, money could be saved in monitoring costs going forward. In order to get the program document approved by the relevant federal and State authorities, it must be solidly science-based, and the authorities must agree that the level of biological monitoring that will result from the revised program document will be capable of effectively measuring the mitigation of the NBHCP’s Covered Species in the Natomas Basin.

Proposal. In order to get a revised and updated program document, its details need to be precise and biologically sound. Conservancy management believes this initiative offers an opportunity to lower costs going forward. (This is an annual expense and is a requirement in the HCPs.) However, the proposal for a revised and updated BEMP Program document must have the confidence of the federal and State Wildlife Agencies.

For these reasons and others, Conservancy management requests the Board of Directors approve:

  1. engaging the Conservancy’s biological effectiveness monitoring contractor, ICF International, to use the Conservancy’s existing BEMP monitoring results to propose an update to the BEMP Program document with the intention of seeking Wildlife Agency approval, and
  2. authorizing the costs of the BEMP Program document revision not exceed $40,000, and for the Conservancy’s Executive Director or Chief Financial Officer be authorized to execute and deliver the revision and update contract between the Conservancy and ICF International, and
  3. once completed, ICF International provide support services to the Conservancy as the Conservancy tenders the proposed revised BEMP program document to the Wildlife Agencies for approval.

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5. Addition of new mitigation land; revision to the maintenance agreement with Triangle

This item seeks Board approval to amend the land maintenance agreement between the Conservancy and Triangle to include coverage of the AKT tract. This property is expected to be tendered to the Conservancy by SAFCA in the coming weeks as consideration for smaller parts of three properties SAFCA is acquiring for the Natomas Levee Improvement Project.

The provision for added properties is already contained in the existing agreement between the Conservancy and Triangle. This contract was approved by the Board of Directors on October 7, 2020, and Resolution # 20.10.03. That agreement notes that adding acres is based on a formula as follows:

2022 – $355/acre

2023 – $366/acre

2024 – $377/acre

2025 – $388/acre

This item requests the Board’s authorization for either the Executive Director or Chief Financial Officer to execute and deliver a revised land maintenance contract such that existing terms and conditions are applied pursuant to existing contractual provisions. And that the revised land maintenance provision of the existing agreement cover the anticipated acquisition of the AKT tract in the Conservancy’s Fisherman’s Lake Reserve Area and which is approximately 50 acres in size.

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6.A. Restoration of Betts pasture for Swainson’s hawk benefit

This item requests the Board of Director’s approval to engage the current land maintenance contractor on the Conservancy’s Betts tract, Triangle, to conduct irrigated pasture restoration measures on the 37-acre Betts tract pasture. The purpose is to restore the pasture’s ability to be efficiently irrigated.

This item reflects prior year Conservancy action that was responsive to mosquito control authorities. The Betts pasture was a source of mosquito control measures by the mosquito district that had adverse biological impacts on the property. It was poorly irrigated and drained, which was attributed as the cause of the mosquito source populations, and these were the conditions that the Conservancy found the property upon acquisition. With precision leveling, renovation of the irrigation system and improved surface drainage, it is believed the pasture can be placed back into irrigation and not be a land use that rises to the level of mosquito district control measures as happened in the past.

The NBHCP Covered Species expected to benefit from this work are the Swainson’s hawk, the Loggerhead shrike and the Tri-colored blackbird.

This is expected to be a two-year project. The total cost is not expected to exceed $25,000. Some off-setting revenue can be expected in future years from limited grazing fees. The Board is asked to authorize the Executive Director or Chief Financial Officer to execute and deliver a contract as more fully described above for Betts tract pasture renovation.

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6.B. PENDING – BKS tract Giant garter snake enhancement project at Pond O

Action requested: The Board is asked to authorize the Conservancy’s Executive Director or Chief Financial Officer to execute and deliver all necessary documents for the purpose of engaging a contractor to conduct work on the Conservancy’s BKS tract. The work entails modifying and enhancing the Pond O structure for the benefit of the Giant garter snake, a “primary” Covered Species in the NBHCP. It calls on the adaptive management provisions of the NBHCP where the Conservancy is encouraged to use information it has learned to make modifications for the benefit of one or more of the NBHCP’s Covered Species, in this case, the Giant garter snake.

Reason for late notice. The need for the request on the August 3, 2022 Board of Directors meeting is that unless the Board entertains the matter now, the selected contractor will not have time to conduct the work in time to comply with the September 30 cut-off date for disturbance on preserves (e.g., the “GGS construction deadline”). Additionally, Conservancy management did not believe it would be possible to get multiple competitive bids in for the Board’s consideration due to a well-known shortage of construction labor, with contractors evidencing they are booked up with existing work, and a roughly doubling of diesel fuel prices. However, multiple bids were submitted and referred to Conservancy management mid-morning, Wednesday, August 3, 2022. All three bids submitted were from reputable companies, two of whom have conducted substantial work for the Conservancy in the past. The Conservancy engaged a construction manager for this project. The construction manager circulated a plan set and bidding documents. The low bid was lower than Conservancy management had estimated for the job. All three bidders indicated they could get to the project prior to the September 30 deadline.

Funding. The project will be funded by non-HCP funds. The monies will come from a restricted fund for projects intended to go above and beyond the requirements of the HCPs for Giant garter snake benefit.

Action. Conservancy management recommends the Board of Directors authorize this item for inclusion in today’s (August 3, 2022) agenda. Separately, it recommends the Board authorize the Conservancy’s Executive Director or Chief Financial Officer to execute and deliver all necessary documents to award a contract to and engage Triangle Properties, Inc. in the amount of $44,240.00 to do the Pond O project at the BKS tract and begin the work immediately or as soon as practicable, but no later than September 30, 2022.

Download BKS tract Giant garter snake enhancement project at Pond O doc (PDF, 2 MB)

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7. City of Sacramento report

Report from the City of Sacramento regarding HCP-related activity and other topics.

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8. County of Sutter Report

Report from the County of Sutter regarding HCP-related activity and other topics.

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9. Financial statement review and mid-year budget discussion

A financial statement will be provided for the period ended June 30, 2022 (unaudited). Additional financial information will be provided.

Download the Conservancy’s unaudited June 30, 2022 unaudited financial statements (PDF, 6 MB)

Download the Conservancy’s 2022 mid-year budget revision (PDF, 172 KB)

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10. Financial and budget impact; macroeconomic perspective

Management will share with the Board two matters having to do with backgrounding on budget and finance matters. One is the “macroeconomic” perspective on the present time period in the 50-year NBHCP permit, and financial progress to date. The other has to do with a macroeconomic perspective regarding investment returns and its impact on the HCP fee.

Download the Conservancy’s HCP fee and market exhibit (PDF, 445 KB)

Download the Conservancy’s Concept Revenue (PDF, 131 KB)

Download the Conservancy’s Gross Revenue (PDF, 116 KB)

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11. RD 1000

Kevin King, General Manager RD 1000, requested an opportunity to speak to the Board on strategic initiatives.

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12. Executive Director’s Report

Various matters for Board members’ general information will be presented by the Conservancy’s Executive Director.

Download the Executive Director’s report (PDF, 437 KB)

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13. Adjournment of the Regular Meeting of the Board of Directors

Official adjournment of the Regular Meeting of the Board of Directors.

Upcoming Regular Meetings

  • October 5, 2022
  • December 7, 2022
  • February 1, 2023