2150 River Plaza Drive, Suite 460
Sacramento, CA 95833

Regular Meeting of the Board of Directors

 February 3, 2016

4:00 p.m.
(Meeting in 1st floor Large Conference room.)

Upcoming Regular Meetings

  • March 2, 2016
  • April 6, 2016
  • May 4, 2016

Call to order

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

ADMIN: 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.

Public comment

2. Public Comments

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

Action by consent

3. Approval of the minutes

The Board Chair will request approval of the minutes and consent items of the Board of Directors meeting of December 2, 2015.

Download the December 2, 2015 Minutes (PDF, 633 KB)

Action by consent

4. Executive Director performance evaluation practices

The Compensation & Governance Committee recommends the Board of Directors approve an update to the Executive Director’s Performance Review Procedures document. The proposal requests an amendment which would cause the Executive Director to submit a self-evaluation on December 31, rather than January 15, thus giving the Committee chair more time to facilitate Board member engagement in the process.

Download the Executive Director performance evaluation practices (PDF, 1.5 MB)

Action by consent

5. Authorization for Farm Air to utilize landing strip on TNBC’s Bianchi West tract

The only remaining agricultural aircraft operator in the Natomas Basin is Farm Air Flying Service, Inc. TNBC and its tenants use Farm Air, and without the firm operating in the Basin, costs would likely rise, and delays in planting crops could also result. (Rice is frequently seeded by air.) Farm Air has requested permission to use TNBC’s Bianchi West tract landing strip for use in serving its customers, including TNBC and its tenants.

Before acquiring the Bianchi West tract, TNBC completed Phase One and Phase Two environmental testing on the airstrip. This was done in order to ascertain the level, if any, of toxicants in the soil at the landing strip site. (The studies revealed acceptable levels, so TNBC moved forward with its acquisition of the tract.) With this baseline data, TNBC can keep track of the status of soils on and around the runway.

Staff requests authorization to enter into an agreement with Farm Air Flying Service, Inc. to allow it to utilize TNBC’s Bianchi West landing strip. The authorization would include the following restrictions, among others:

  1. the authorization terminates December 31, 2016,
  2. only seed and fertilizer are permitted to be used on the landing strip,
  3. no pesticides may be used on the strip without the written authorization of TNBC’s Executive Director,
  4. only in-Basin sites may be served by Farm Air from the landing strip, and
  5. a properly executed agreement must be in TNBC’s office prior to Farm Air’s use of the landing strip, and that the agreement contain TNBC’s standard indemnification, hold harmless protections, and that TNBC be named as an additional insured on the relevant Farm Air insurance policy or policies.

The Executive Director expects no authorization request for pesticide use on the landing strip. However, there could be special occasions that might warrant such authorization, but only for the use by TNBC or its contractors and tenants.

Action by consent

6. Natomas Central Mutual Water Company Annual Meeting of Shareholders

The Natomas Central Mutual Water Company’s Annual Meeting of Shareholders will be held Tuesday, February 9, 2016, at the Four Points by Sheraton, 4900 Duckhorn Dr., Sacramento, CA 95834. Authorization for the Conservancy’s Executive Director to vote the Conservancy’s shares in the Board Election is requested. The Conservancy has generally voted its shares with farmers with whom it works.

Download the 2015 Groundwater Exchange Program recovery metrics (PDF, 215 KB)

Action item

7. Revised Draft Recovery Plan for Giant Garter Snake

Conservancy staff will brief the Board on the Revised Draft Recovery Plan for Giant Garter Snake and seek guidance on whether and to what level the Conservancy should be engaged with this effort.

Download the Draft Giant garter snake recovery plan (PDF, 4 MB)


8. City of Sacramento report

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


9. Financial statement review

A financial statement will be provided for the period ended December 31, 2015 (unaudited). Additional financial information will be provided.

Download the December 31, 2015 Financial Statements (PDF, 4 MB)


10. Conservancy endowment funds investment manager

The Conservancy’s endowment funds are managed by T. Rowe Price. Representative Phil Burger of T. Rowe Price will meet with the Board for the purposes of providing the Board with the 2015 annual report on the Conservancy’s endowment funds accounts.


11. Website and social media update

Staff will provide an overall update on the Conservancy’s progress of website refinement, along with a general overview of social media activity.


12. Update on 2015 Groundwater Exchange Program groundwater recovery metrics

Staff will share updates on groundwater recovery in the Natomas Basin with specific reference to the 2015 Groundwater Exchange Program and the Conservancy’s participating groundwater wells in the program.

Download the 2015 Groundwater Exchange Program recovery metrics (PDF, 217 KB)


13. Major projects prioritization

This year has already proven to be demanding of Conservancy staff resources. In addition, both staff and Board members have desirable additional projects that require considerable staff resources. Staff will share a backgrounder with the Board on the matter and seek guidance as to next steps and prioritization.

Download the Major projects prioritization (PDF, 179 KB)


14. Legal Duties for Directors

Conservancy legal counsel periodically provides briefings for Directors as to legal responsibilities of board service at the Conservancy. As in the past, the briefing will focus on the:

  • duty of loyalty,
  • duty of care,
  • duty to avoid conflicts of interest,
  • the duty to maintain confidentiality (unless otherwise directed by the NBHCP),
  • duty to respect organizational opportunities,
  • apparent authority,
  • Sarbanes-Oxley Act, and
  • IRS Form 990

…among other matters that will help guide Board member service with the Conservancy.


15. Update on State of California Board of Equalization letter regarding assessment methodology and County of Sutter’s property tax assessments; County of Sutter Assessor

Conservancy staff will update the Board on progress in the matter of the County of Sutter Assessor’s compliance with instructions from the State of California Board of Equalization in its letter and action pursuant to that letter and property tax relief for the Conservancy.

Public comment

16. Public comments

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

Exective Report

17. Executive Director’s Report

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

Download the Ex Director’s Report (PDF, 7.5 MB)

Executive Session

18.Executive Session for real estate

Executive Session for real estate is scheduled.


19. Adjournment

Official adjournment of the meeting.