Implementation Annual Meeting of the Board of Directors

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.

2. Implementation Annual Meeting

Download the Conservancy’s signed June 7, 2023 Board meeting minutes (PDF, 9 MB)

Regular Meeting of the Board of Directors (Open)

3. Public Comments

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

4. Approval of 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 5, 2024.

Download the Conservancy’s signed June 5, 2024 Board meeting minutes (PDF, 1 MB)

5. Noxious weed monitoring agreement

At its June 5, 2024 meeting (Resolution No. RS 24.06.11), the Board authorized management to execute and deliver an agreement with a contractor under the general terms already approved by the Board for its then-current biological monitoring contractor to conduct noxious weed monitoring and reporting on Conservancy preserves. The Board approved terms included allocating $11,030.00 towards this effort. This item acknowledges new and updated cost information, and seeks ratification and expenditure of an additional $14,280.00 to engage with Ascent Environmental, Inc. with total costs not to exceed $25,310.00.

This item requests Board approval to execute and deliver an agreement for 2024 noxious weed monitoring and reporting with Ascent Environmental, Inc. with expenditure of an additional $14,280.00, with total costs not to exceed $25,310.00 and authorizes and directs either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to take all actions deemed necessary or appropriate to implement this action.

6. Contract amendments on Bennett North and Nestor R&E projects

In the 2024 Board-approved budget, staff allocated restoration and enhancement (R&E) funds for the first tranche of work on the restoration and enhancement projects on Bennett North (approximately 30 acres) and Nestor (approximately 106 acres). The Conservancy is ready to begin the next tranche of work which consists of bid packet preparation, permit coordination, and storm water pollution prevention plan. The proposed amendments are as follows: $29,935.00 for Bennett North and $26,939.00 for Nestor.

This agenda item requests Board approval to amend R&E contracts in the amounts of; $29,935.00 for Bennett North and $26,939.00 for Nestor and authorizes and directs either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to take all actions deemed necessary or appropriate to implement this action.

7. City of Sacramento Line of Credit payment

The Conservancy’s Board of Directors on February 5, 2020 approved accessing $2,000,000.00 of the Conservancy’s $4,000,000.00 line of credit (LOC) with the City of Sacramento (City) to purchase the Lauppe South tract for mitigation purposes under the HCP (Resolution No. ES 20.02.03). The repayment agreement between the Conservancy and the City states that the City will withhold the Land Acquisition Fund portion of future mitigation fees paid to the City until the LOC is fully repaid.

At the June 5, 2024 Board meeting, the City’s representative expressed an interest in additional payments on this LOC due to the City’s current financial situation, stating the City understood the Conservancy’s $250,000.00 payments would not be reduced by HCP fees paid. It was acknowledged that the City realized these Conservancy payments in this regard were both voluntary and appreciated.

Conservancy management proposes some LOC repayment options for the Board of Directors to consider if it wishes to address and/or amend its previous action on the voluntary advance payment consideration:

1. “Shirey rule.” Former Board member John Shirey proposed, and the Board approved, an annual payment of $250,000.00 toward retiring the outstanding balance on the LOC with the City. However, he proposed the $250,000.00 would be reduced by any mitigation fees that came into the City for that year. For instance, if the City received $50,000.00 in Land Acquisition Fund mitigation fees applied to the LOC, at the end of the year the Conservancy would pay to the City $200,000.00 (See Board Resolution No. RS 24.06.03).

2. 2028 option. The Conservancy would make a $250,000.00 payment every year in addition to any Land Acquisition Fund portion of HCP mitigation fees received. The LOC would then be fully repaid no later than 2028.

3. Retire the outstanding balance in total. The current balance of the Conservancy’s Land Acquisition Fund is $1,361,496.07. If the entire LOC is repaid, that would leave the Land Acquisition Fund with a balance of $124,795.53. This would limit the Conservancy’s options to acquire any further properties until additional mitigation fees are received.

4. Pay half of the outstanding balance on the LOC in 2024 and 2025 respectively. This approach will not deplete the Land Acquisition Fund as quickly as option #1 but will still pay off the LOC well in advance of the terms stated in the LOC. Staff anticipates additional mitigation fees in 2025 which should begin to refill the Conservancy’s Land Acquisition Fund.

All options include a pro rata reduction in earmarked mitigation land credits.

This Board-initiated initiative is returned to the Board for its consideration.

8. Biological Effectiveness Monitoring Request for Proposal

The Board of Directors authorized the release of a Request for Proposal (RFP) for biological monitoring (Resolution No. RS 24.06.12), which biological monitoring would begin on January 1, 2025. The release took place to an invited list of what the Conservancy believes to be qualified firms, which list was reviewed by the Board.

The methods of communication to prospective RFP respondents were as follows:
1. Emails to invited list of firms.

2. Announcement on the Conservancy website.

3. Social media postings to Conservancy social media accounts on X, Facebook, and Instagram.

4. Further email and phone communication with invitees.

5. Second email to invitees with deadline reminder.

One response was received.

Conservancy management requests that the Board authorize its Executive Director, John Roberts or its Chief Financial Officer, Kimberli Burns, to execute and deliver all necessary documents needed to award the Conservancy’s biological monitoring to GEI, Inc. in the amount not to exceed $926,088.00 for a three-year engagement with two one-year options to renew.

9. City of Sacramento Report

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

10. County of Sutter Report

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

11. Financial Report

A financial statement will be provided for the period ended June 30, 2024 (unaudited). Additional financial information will be provided.

Download the Conservancy’s unaudited June 30, 2024 financial statements (PDF, 6 MB)

12. Executive Director’s Report

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

Executive Session (Closed)

13. Executive Session

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

Regular Meeting of the Board of Directors (Open)

14. 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 2, 2024
• December 4, 2024
• February 5, 2025