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)
1. Executive Session
Executive Session is scheduled for real estate matters pursuant to Government Code 54956.8.
2. Implementation Annual Meeting
Implementation Annual Meeting (Implementation Agreement §5.4)
A. Meeting notes minutes were contained in the June 1, 2022 Board of Directors meeting minutes agenda, previously made available to and approved by the Board.
B. Discussion of Annual Report. Concerns, comments, and/or recommendations.
C. City of Sacramento comments.
D. County of Sutter comments.
E. California Department of Fish and Wildlife comments.
F. U.S. Fish and Wildlife Service comments.
G. Adjourn Implementation Annual Meeting.
Regular Meeting of the Board of Directors (Open)
3. 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.
4. Public Comments
Opportunity for members of the public to address the Conservancy’s Board of Directors.
5. 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 and consent items of the Board of Directors meeting of April 5, 2023.
6. SEP-IRA: Plan amendment
At the Conservancy’s April 5, 2023, Board meeting, the Board approved changes to the Conservancy’s Simplified Employee Pension-Individual Retirement Account (SEP-IRA) arrangement to ensure the plan is compliant with IRS regulations. The SEP-IRA plan as presently implemented calls for a one-year wait period before an employee is eligible to participate. However, when implemented per IRS instructions, the one-year wait plan can seem unfair to employees and makes compliance with IRS rules awkward.
Management inquired with legal counsel on making plan participation that promotes transparency, compliance and fairness. Legal counsel advised that the only way to achieve this would be to change the SEP-IRA plan so that new employees are eligible to participate upon hiring.
This agenda item requests Board approval to change the Conservancy’s SEP-IRA plan so that new employees are eligible to participate in the SEP-IRA plan upon hiring and authorizes and directs either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to work with legal counsel and to take all actions deemed necessary or appropriate to implement this change.
7. Pole barn
During one of the January wind storms the Conservancy’s pole barn was reduced to scrap wood and metal, as reported at the February 1, 2023 Board meeting. The pole barn had been a place of refuge out of the elements for staff, hay, contractors, as well as equipment.
Conservancy staff is requesting a $225,000 project budget to install a replacement pole barn on the Conservancy’s Silva tract.
The action requested also authorizes and directs either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to take all actions necessary to execute and deliver on the above-referenced project.
This Board action will also approve budget adjustments as may be needed for this expenditure.
Clarification on the bid. Since posting the agenda, the Conservancy received updated bids which will make it necessary to correct the budget for this item on the agenda. The Conservancy staff recommends $250,000 for the pole barn which will include permitting and engineering with a 10% contingency.
8. Vegetation management service agreements
In June 2020 (Resolution #20.06.01), the Board of Directors approved a vegetation management plan for the Alleghany and Cummings tracts as these tracts have had difficulty producing a crop and have limited access to water because of the Natomas Levee Improvement Project construction activity. The goal then became to plant a crop which would benefit the Swainson’s hawk by creating a prey-friendly environment. The Conservancy contracted grower Brian Tanaka, who has since been successful in maintaining a cover crop on the property.
This item requests the Board approve a three-year service agreement plus two one-year options to enter into service agreements with Brian Tanaka for the Alleghany, Cummings and Anne Rudin Preserve upland areas and authorizes either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to execute and deliver on these above-referenced agreements.
9. Conservancy corporate credit cards
The Conservancy currently has two Wells Fargo Bank corporate credit cards, each with a Board-approved $10,000.00 limit. This item requests opening two Chase Bank corporate credit cards and closing the Wells Fargo Bank corporate credit cards. The Conservancy’s Internal Financial Controls Policy requires Board approval to establish or close any new bank account.
This item requests the Board approve the opening of two Chase Bank corporate credit cards and close two Wells Fargo Bank corporate credit cards 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 change.
10. Legal services amendment
The action requested here authorizes either the Conservancy’s Executive Director, John Roberts, or Chief Financial Officer, Kimberli Burns, to execute and deliver an agreement which continues the services of Best, Best & Krieger as Conservancy legal counsel for two years and under the same terms and conditions as the existing agreement.
11. Proposed insurance renewals
John Bolce with LP Insurance will review with the Board the Conservancy’s insurance policies that are set to renew on July 1, 2023.
The Conservancy presently holds the following polices: auto, crime, cyber, directors and officers (D&O), employee benefits liability, employee practices liability (EPL), flood, general liability, inland marine, pollution, property, workers’ compensation, and umbrella (also known as excess).
The Conservancy has an umbrella policy that covers: auto, employee benefits liability, general liability, and workers’ compensation, with a limit of $7 million. Those underlying policies have a $1 million limit. Given the Conservancy’s growth in the past several years, management is recommending adding a second umbrella of $2 million, with an additional annual premium for the second umbrella of $2,246.00.
The Conservancy’s D&O policy limit is $7 million, with $1 million for defense costs. The D&O is not covered by the above-listed umbrella policy. Given the Conservancy’s growth in the past several years, management is recommending adding an umbrella policy on top of the current D&O limits of $2 million, with an additional annual premium for the D&O umbrella of $4,031.00.
The Conservancy’s Finance Committee will review with the Board its recommendations for insurance renewals.
This item requests the Board of Directors approval of: 1) renewing the above-listed insurance policies, 2) adding a D&O umbrella with a $2 million limit and an additional annual premium of $4,031.00, and 3) adding a second umbrella for auto, employee benefits liability, general liability, and workers’ compensation with a $2 million limit and an additional annual premium of $2,246.00.
12. City of Sacramento Report
Report from the City of Sacramento regarding HCP-related activity and other topics.
13. County of Sutter Report
Report from the County of Sutter regarding HCP-related activity and other topics.
14. Financial statement review
A financial statement will be provided for the period ended April 30, 2023 (unaudited). Additional financial information will be provided.
15. Executive Director’s Report
Various matters for Board members’ general information will be presented by the Conservancy’s Executive Director.
16. Adjournment of the Regular Meeting of the Board of Directors
Official adjournment of the Regular Meeting of the Board of Directors.
Upcoming Regular Meetings
- August 2, 2023
- October 4, 2023
- December 6, 2023