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HomeMy Public PortalAbout20010101 - Agenda Packet - Board of Directors (BOD) (9) Midpeninsula Regional Open Space District Meeting 10-31 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSUAL REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 7:00 p.m. Monday,November 15,2010 Town of Portola Valley,Town Hall, Alder Room 765 Portola Road, Alder Room Portola Valley, CA 94028 AGENDA 7:00* ROLL CALL ADOPTION OF AGENDA BOARD BUSINESS 7:05* 1 Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 2011 Revenue Bond Financing by the Midpeninsula Regional Open Space District Financing Authority and the Significant Public Benefit Thereof—S.Abbors MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY BUSINESS 7:15 1. Approve the Holding of Regular Meetings of the Board of Directors of the Authority on the Same Date and Time and at the Same Location as Regular Meetings of the Board of Directors of the District—L. Hassell: 8:00* ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF PosTING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special Meeting of the MROSD Board of Directors and the Special Meeting of the MROSD Financing Authority were posted and available for review on November 12,2010,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://ww)K.-QWqjpggs.org. Signed this 12'b day of November,at Los Altos,California. District Clerk November 12,2010 Midpeninsula Regional Open Space District R-10-141 Meeting 10-31 November 15, 2010 FINANCE AUTHORITY AGENDA ITEM 1 AGENDA ITEM Approve the Holding of Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District Financing Authority on the Same Date and Time and at the Same Location as Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District EXECUTIVE DIRECTOR'S RECOMMENDATION Adopt the attached resolution providing for regular meetings of the Board of Directors of the Midpeninsula Regional Open Space District Financing Authority on the same date and time and at the same location as regular meetings of the Board of Directors of the Midpeninsula Regional Open Space District (Completed copies of the resolution will be available for public review at the District office.) BACKGROUND The Midpeninsula Regional Open Space District Financing Authority(the"Authority")was established pursuant to a Joint Exercise of Powers Agreement dated as of May 1, 1996, as amended by a First Amendment to Joint Exercise of Powers Agreement, dated November 15, 2006 (as amended, the"Agreement"),by and between the Midpeninsula Regional Open Space District (the"District") and the County of Santa Clara(the"County"). The Agreement provides that the Board of Directors may provide by resolution for the holding of regular meetings at more frequent intervals than once each year. Government Code Section 6592.1 requires a resolution authorizing bonds to be adopted by a joint exercise of powers agency, like the Authority, at a regular meeting, and the Authority is considering an issuance of lease revenue bonds in calendar year 2011. Accordingly, the Board of Directors wishes to provide for more regular meetings than once each year. R-10-141 Page 2 DISCUSSION The attached resolution provides for holding regular meetings of the Board of Directors of the Authority on the same date and time and at the same location as regular meetings of the Board of Directors of the District, which are currently held on the second and fourth Wednesdays of each month at 7:00 p.m., at the District offices: 330 Distel Circle, Los Altos, California. The attached resolution further provides that, if the Secretary does not post an agenda for a regular meeting pursuant to Government Code Section 54954.21 then such failure to post shall � gp � be deemed to be a determination by the Chairperson that no items required discussion and, therefore, that the regular meeting should be cancelled, except as otherwise provided in Section 54954.2. Attachment Resolution Prepared by: Stephen Abbors, Executive Director Michael Foster, Controller I Contact person: Stephen Abbors I RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY ESTABLISHING REGULAR MEETINGS OF THE BOARD OF DIRECTORS WHEREAS, the Midpeninsula Regional Open Space District Financing Authority(the"Authority") was established pursuant to a Joint Exercise of Powers Agreement dated as of May 1, 1996, as amended by a First Amendment to Joint Exercise of Powers Agreement, dated November 15, 2006 (as amended, the "Agreement'), by and between the Midpeninsula Regional Open Space District(the"District") and the County of Santa Clara(the "County"); and WHEREAS, the Agreement provides that the Board of Directors may provide b resolution for the holding of regular meetings at more frequent intervals than p Y g � once each year; and WHEREAS, because Government Code Section 6592.1 requires a resolution authorizingbonds to be adopted b a joint exercise of powers agency at a regular I p Y J p g Y � j r wishes tprovide for more regular meetings than once meeting, Board of Directors s es ogu g g each year; NOW,THEREFORE, BE IT RESOLVED, DETERMINED AND I ORDERED by the Board of Directors of the Authority, as follows: SECTION 1. Time and Place of Regular Meetings. Regular meetings of the Board shall be held on the same date and time and at the same location as regular meetings of the Board of Directors of the District, which are currently held on the second and fourth Wednesdays of each month at 7:00 p.m., at the District offices: 330 Distel Circle, Los Altos, California. SECTION 2. Circumstances Under Which Meetings Not Required to be Held. If the Secretary does not post an agenda for a regular meeting pursuant to Government Code Section 54954.21, then such failure to post shall be deemed to be a determination by the Chairperson that no items required discussion and, therefore, that the regular meeting should be cancelled, except as otherwise provided in Section 54954.2. SECTION 3. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. `-� STONE cSt YOUNGBERG FIXED INCOME MARKET UPDATE MONDAY,NOVEMBER 15, 2010 State of CA Dominates New Issue Calendar: New issuance is hefty this week in the municipal bond market, totaling almost$17 billion. The State of California began taking orders today from retail investors on its $10 billion one-year,tax-exempt revenue anticipation note(RAN) offering. The RANs will price on Wednesday. On Thursday the state plans to price a$2 billion taxable BAB (Build America Bond)general ohlir.ation bond issue,and Friday it will start taking retails orders for next week's$1.75 billion tax-P.rPw.- ext week the California State Public Works Board will offer$275 million of lease reve 0.32 3-Mo LIBOR 2.95 86 10-Yr UST CRUDE OIL S/bbl. j4c) 0.300.31 280 -A81 ._ � 265 0.29 76 _ 0.28 2.50 71 0.27 0.26 }' "" I 2.20 1. i...'. 66 10104 10118 11/01 11/15 10/04 10118 11/01 11/15 10104 10/18 11101 11115 10/04 10118 11101 11/15 TREASURIES AND AGENCIES • The Census Bureau reported that retail sales in October increased a slightly larger-than-anticipated 1.2% for the month. This represents the largest monthly gain since March 2010 and the fourth month in a row that sales have increased. This rise in sales raises hopes that the all-important 2010 holiday spending season will show an appreciable increase over last year. Excluding automobiles and gasoline,however,October retail sales rose 0.4%, which matched the consensus estimate. Consumer spending accounts for two-thirds of U.S.economic activity,so retail sales and related reports are closely monitored to gauge the health of the economy. • The NY Fed reported the November Empire Manufacturing Index fell a dramatic 27 points from last month to turn negative,at-11.1,for the first time since July 2009. The percentage of respondents reporting that business conditions were improving declined to just 17%in November,from 35%the previous month. However,these New York manufacturers remain optimistic about the future,with almost 60%of respondents indicating that they expect business conditions to improve in the future,and only 5% said they expect conditions to worsen. This optimism is an 8%increase from the previous month when 52%said they expected better conditions in the future. • Business inventories at U.S.businesses increased 0.9%in September,higher than the 0.6%increase economists expected. • Dissatisfaction with the Fed's QE2 initiative appears to be growing. International critics fear that a too-weak dollar will hurt their ability to export goods into the U.S. The program has also been met with domestic criticism; Fed President Lacker deemed it"dangerous." Domestic critics see limited macroeconomic effects and fear the injection of such vast amounts of liquidity are sowing the seeds of potentially explosive inflation in the future. • The Fed released a schedule of$75 billion in Treasury note and bond purchases,out of a total of$600 billion,for almost every trading day through December 9. Each day the Fed will purchase between$6 and$8 billion. The first"buy"occurred this past Friday,with$8 billion in a series of notes maturing in 4 to 6 years. • At the market close: UST 10-yr down to yield 2.96%. UST 2-yr down to yield 0.53%. Euro at$1.3571 vs. USD; USD at 83.165 vs. the Yen. Gold down to$1,360.13/ounce. Oil up to$85.16/barrel. Member FINRA/SIPC •The information contained herein is based on sources that Stone&Youngberg LLC("S&Y")believes to be reliable,but it is neither all-inclusive nor guaranteed by S&Y,and it may be incomplete or condensed. The information and opinions herein,if any,are subject to change without notice,and S&Y does not undertake to advise the reader of changes in opinion or information. • Some of the securities S&Y follows are unrated or below investment-grade municipal bonds,or are high-yield corporate bonds,that typically involve a higher degree of risk and more volatility than rated or investment-grade municipal bonds,or investment-grade corporate bonds. Therefore,certain debt securities discussed in this update may be unsuitable for some investors,depending on their specific investment objectives,financial situations,and needs. This update is for informational purposes,and under no circumstances is it to be construed as a recommendation,an offer,or the solicitation of an offer to buy or sell any particular debt security in any amount or at all. • S&Y may make a market in or trade for its proprietary account the securities discussed in this update. Also,S&Y may have been a manager or co-manager of a public offering of municipal bonds or other debt securities within the last three years for issuers named herein. S&Y or its directors and employees individually,or their family members,may have either long or short positions in the securities mentioned,and may purchase or sell these securities from time to time in the open market or otherwise for their own accounts or the accounts of others. • This update is for public distribution. Additional information may be available on request. 9 Copyright 02010 Stone&Youngberg LLC. All rights reserved. STONE & YOUNGBERG MUNICIPAL BONDS Stone &Youngberg's Pricing Underlying New Issue Calendar This Week Date Rating(s) Amount State of California 2010/11 Revenue Anticipation Notes 11/17 MIGl/SP-1/F2 10,000,000,000 CA IEDB Variable Rate Demand Rev Bonds (St. Margaret's Episcopal) 11/17 25,000,000 Fontana PFA 2010 Lease Revenue Bonds (Taxable RZEDBs) 11/17 /A/ 5,420,000 NYC Transitional Finance Authority Building Aid Revenue Bonds 11/17 Aa3/AA-/AA- 350,000,000 Pasadena PFA Lease Revenue Bonds (Rose Bowl Renovation Project) 11/17 /AA+/AA+ 163,000,000 Yavapai County VRDRB (Skanon Investments—Drake Cement Plant) 11/17 MIG1// 40,000,000 State of California Various Purpose General Obligation Bonds BABs 11/18 Al/A-/A- 2,000,000,000 Chino Valley Pledged Revenue Refunding Obligation,Series 2010 11/18 /A+/ 8,020,000 Mesa Union School District 2010 General Obligation Refunding Bonds 11/18 /AA-/ 3,635,000 Newport Beach COPS (Civic Center Project/Central Library Refunding) 11/18 Aa2/AA+/AA+ 122,800,000 Preliminary Offieial Statements are available at mim.syllb-oiu/Resources/PO,S'-I.ibrary-Nerv-Issrtes • The municipal bond market is starting the week with a weak tone. Last week we saw a steady progression to higher rates and wider spreads,and that trend continued as institutions were sellers throughout the day. • The rally we saw at the start of the quarter has sharply reversed course and rates are on the rise. Particularly inside of ten years,the yield curve remains steeply sloped. • Supply is weighing heavily on the market,as is the sell-off in Treasuries. The ongoing heavy new issue calendar is unlikely to let up through the middle of next month. Market Yield Curves National and CA Yield Curves November 15 2010 5.20"/0 _ 4.20"/,, a ?; 3.20°/, 2.20% 1.20% 020'/o - 0 5 10 15 20 25 30 Maturity(years) - - - -G.O.California(Al/A-/A-) -Active C.S.Govts -��USD Govt Agency(Ion-callable) Fixed Income Market Update 2 11/15/10 STONE YOUNGBERG CORPORATE BONDS • New issuance of corporate bonds is expected to pick up with at least$15 billion of new investment-grade debt expected this week. • REIT debt issuance has picked up recently,with November on track to be the biggest month for new debt since March 2007. Lower rates and growing investor appetite for riskier assets have been driving the market. Among the largest deals recently were Boston Properties (Baal/A-)with$850 million of 101/2 year debt and Ventas (Baa3/BBB-)which issued$400 million of 5-year notes. • General Growth emerged from bankruptcy having repaid all its creditor claims in full and starts anew with$15 billion in debt and$6.8 billion in equity. S&P assigned it a BB+ corporate credit rating. • Moody's boosted its outlook for Huntington Bank(Baa2) to stable from negative. Moody's cited improvement in the level of nonperforming loans and reduction in the amount of net chargeoffs. • Despite the substantial amount of slack in the U.S.economy,some companies are apparently able to exert pricing leadership and boost revenues. Georgia Pacific (GP) reported a 6%rise in income due to higher prices and greater volumes related to containerboard. S&P upgraded GP's credit ratings to investment grade(Ba2/BBB);the company recently issued$1.25 billion of 10-year notes. Current Yields* SIFMA Municipal Short-Term Rate Trends U.S.Treasury LIBOR Swap Index 0.4011. 3 MO 0.13% 1 Wk 0.25% 11/10 0.27% 6 MO 0.18% 1 Mo 0.25% 11/3 0.26% 0.35% 2 YR 0.53% 3 Mo 0.28% 10/27 0.28% 5 YR 1.51% 6 Mo 0.44% 10/20 0.30% 0301/ . 10 YR 2.96% 12 Mo 0.76% 30YR 4.41% �0.25/ o.20°r 0.15 i 0.10 9/18 9/1 9/15 9/29 10/13 10/27 11/10 -SIFSI;1 Muni Swap Index — 1-Ma LIBOR 3-hf(,T Hill This Week's Economic Indicators* Release Date EDT Indicator Period Surve`, Actual Prior Revised 11/15 8:30 Advance Retail Sales OCT 0.7% 1.2% 0.6% 0.7% 11/15 8:30 Retail Sales Less Autos OCT 0.4% 0.4°/) 0.4% 0.5% 11/15 8:30 Retail Sales Ex Auto&Gas OCT 0.2% 0.4% 0.4%11/15 8:30 Empire Manufacturing— NOV 14.00 -11.14 15.73 11/15 10:00 Business Inventories SEP 0.8°/, 0.9°/ 0.6% 0.9% 11/16 8:30 Producer Price Index (Mom) OCT 0.8% 0.4% 11/16 8:30 PPI Ex Food&Energy(MoM) OCT 11/16 8:30 Producer Price Index (YoY) OCT 4.6% - 11/16 8:30 PPI Ex Food&Energy-(Yo'C) OCT 2.1% 1.6% I 11/16 9:00 Total Net TIC Flows SEP -- $38.9B Fixed Income Market Update 3 11/15/10 STONE YOUNGBERG 11/16 9:00 Net Long-term TIC Flows SEP S62.5B $128.7B 11/16 9:15 Industrial Production OCT 0.3'/o -0.2% l 1/16 9:15 - Capacity,Utilization OCT 74.9% 74.7% 1 1/16 10:00 NAHB Housing Market Index NOV 17 16 11/16 5:00 ABC Consumer Confidence NOV 14 -- -46 11/17 7:00 MBA Mortgage AA plications NOV 12 -- 5.8% 11/17 8:30 Consumer Price Index (Mon OCT 03% 0.1% 11/17 8:30 CPI Ex Food&Energy_(MoM) - OCT 0.1')/ 0.0% 11/17 8:30 Consumer Price Index(YoY) OCT 1.3%o 1.1% 11/17 8:30 CPI Ex Food&Energy(YoY) OCT 0.7% 0.8% 11/17 8:30 CPI Core Index SA OCT -- 221.781 11/17 8:30 Consumer Price Index NSA OCT 218.854 218.439 11/17 8:30 Housing Starts OCT 598K 610K 11/17 8:30 Building Permits OCT 570K 539K 547K 11/17 8:30 Housing Starts MOM% OCT -2.0% 0.3'/0 11/17 8:30 Buildin Yermits MOM'/o OCT 4.2% -5.60/ 4.2% 11/18 8:30 Imtial Jobless Claims NOV 13 442K 435K 11/18 8:30 Continuing C laims NOV6 4290K 4301K 11/18 10:00 Mortgage Delinquencies 3Q -- 9.85% -- — - - - _ - 11/18 10:00 MBA Mortgage Foreclosures 3Q -- 4.57/o 11/18 10:00 Leading Indicators OCT 0.5% 0.30/, 11/18 10:00 Philadelphia Fed_ NOV 5.0 1.0 11/18 4:00 RPX Composite 28 v YoY SEP -- -2.68'/o 11/18 4:00 RPX Composite 28dy Index SEP 30 -- 195.01 *Bloomberg data as of 1:00pm PDT today Questions? 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DISCUSSION The Controller reports that favorable bond market conditions make it advantageous to propose the issuance of approximately$54 million of lease revenue bonds. The Financing Authority would issue 2011 Revenue Bonds payable from lease payments made by the District. The budget for fiscal 2011 assumed the issuance of$22.5 million of revenue bonds, including funding a 10%bond reserve fund. Since budget adoption, interest rates have moved such that the District can profitably augment the 2011 "new money" financing with a refinancing of its $36.4 million of 1999 Revenue Bonds. Under current market conditions, the refinancing portion achieves a present value savings of$1.35 million (4.1% of the refunded bonds) and extends the average life of the debt by 3.5 years. The proposed structure provides the planned $20 million of immediate funding for land acquisition and other capital projects and reduces cumulative debt service payments over the next nineteen years by$12 million, compared to such payments projected in the prior District long-term financial model. This cash flow savings occur mostly in the second ten years. Unlike prior District financings, the 2011 Revenue Bonds might not require a debt service reserve fund for the benefit of bondholders. Funding a debt service reserve fund requires issuers to sell an extra 8-10% of bonds. The ratings agencies have begun permitting bond issuance without a debt service reserve fund for agencies with very healthy debt service coverage ratios, like the District. If possible, the 2011 Revenue Bonds would be issued without a debt service reserve fund. If a reserve fund is ultimately required to complete the financing, the principal amount of the 2011 Revenue Bonds would have to increase by$5 to $6 million. R-10-141 Page 2 Government Code Section 6586.5 requires public hearings to be held in any county where the proceeds of a bond issue by a joint exercise of powers agency, like the proposed 2011 Revenue Bonds by the Financing Authority, will be spent for District purposes. Public testimony should be received on the significant public benefit to the District resulting therefrom, including demonstrable savings to the District. Staff believes that the proposed issuance of 2011 Revenue Bonds by the Financing Authority will result in significant public benefits within the contemplation of Section 6586 of the Government Code, namely, demonstrable savings in bond preparation, bond underwriting and bond issuance costs. As required by the Government Code, notice of the public hearing was published in the San Mateo Times more than 5 days prior to the public hearing. It is proposed that, on November 17, 2011, you will conduct a similar hearing in Santa Clara County and then consider adoption of the required resolution to initiate the sale of the 2011 Revenue Bonds. Prepared by: Stephen Abbors, Executive Director Michael Foster, Controller Contact person: Stephen Abbors Midpeninsula Regional Open Space District M � To: Board of Directors From: Stephen E. Abbors --,4- Date: November 5, 2010 Re: FYIs • Midpeninsula Regional Open Space District For Immediate Release • ' Date: Nov. 5, 2010 Contact: Leigh Ann Gessner(650) 691-1200 x566 MROSD's third annual photo contest open Contest uses photography to engage the public with nature Los Altos, CA [Nov. 5, 2010] The Midpeninsula Regional Open Space District seeks compelling images capturing the diversity of the open space preserves for its third annual digital photo contest running now through March 15, 2011. The contest gives participants an opportunity to explore the outdoors while capturing the natural beauty of the District's open space preserves using digital photography. Entries must be taken on one of the District's 24 preserves located throughout the South Bay, Peninsula and Coastside areas that are free and open to the public daily. Each participant can submit up to ten entries by uploading their digital photos to the District's Sill t<,Mu�,' gag Ilerv. Three finalists will be announced in May, 2011, and will be awarded prizes including a whale watching cruise and Flip U1traHD camcorder. The winning entries will also be published in the summer issue of the District's newsletter. All photo contest entries will also be considered for inclusion in a special edition coffee table book featuring art and photography celebrating the open space preserves that the District is publishing in 2012 to commemorate its 40-year anniversary. Finalists' photos from previous years, as well as more details about the contest can be found at www.openspace.org/contest. i 4 This image,entitled Foggy Descent,was taken by Karl Gohl in the Windy Hill Open Space Preserve,and placed second in the Midpeninsula Regional Open Space District's 2009 digital photo contest. Created by voters in 1972,the Midpeninsula Regional Open Space District protects and manages more than 58,000 acres of open space. The District's 26 diverse and beautiful preserves are open to the public 365 days a year. The District is a public agency whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education. www openspace orq. r t Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 10, 2010 I Re. Late FY s OenS Midpeninsula strict al For Immediate Release � Open Space District Date: November 9,2010 Contact: Leigh Ann Gessner,650.691.1200 x566 MROSD seeks a second round of public input on access to Mt. Umunhum Los Altos, California [November 9,20101 —The Midpeninsula Regional Open Space District is holding an open house to share information and solicit input as it continues planning for environmental restoration and public access to the summit of Mt. Umunhum. When: Thursday,November 18,2010 Anytime between 4:00 p.m. and 9:00 p.m. Where: Midpeninsula Regional Open Space District Administrative Office 330 Distel Circle Los Altos,CA 94022 ma This will be the second opportunity for the public to give input on the project. The first meeting was held September 30 in Los Gatos and was attended by over 300 people. Their input helped the Open Space District begin shaping a vision for restoration and public access at Mt. Umunhum that the public will comment on during the open house. South of Los Gatos, Mt. Umunhum is one of the highest peaks in the Santa Cruz Mountains and the site of the former Almaden Air Force Station. The Open Space District purchased Mt. Umunhum from the federal government in 1986, adding it to the Sierra Azul Open Space Preserve with the goal of protecting the environment and one day sharing it with the public. This year,the federal government began cleaning up the former Air Force Station, allowing the Open Space District to begin planning for environmental restoration and future public access consistent with its mission. "Our hope is for Mt. Umunhum to become one of the Bay Area's most breathtaking public destinations," said Steve Abbors, the Open Space District's General Manager. "The plan we are creating, with input from the public, must be both financially and environmentally sustainable." With views as far as Monterey Bay, Mt. Umunhum is special to the military personnel and their families who were stationed there, as well as the local Native People. Santa Clara Valley residents know Mt. Umunhum as a local landmark topped by a large concrete radar tower that is visible for miles. More details about the project can be found at www.mtumunhum.or„r. Created by voters in 1972,the Midpeninsula Regional Open Space District is a public agency that has successfully protected and managed more than 58,000 acres ofopen space.The public enjoys the District's diverse and beautiful preserves 365 days a year.The District is an independent, non-enterprise,California special district whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education.www.openspace.org. i i • ' IMidpeninsula Regional Memorandum Open Space District DATE: November 10, 2010 MEMO TO: Midpeninsula Regional Open Space Board of Directors THROUGH: Steve Abbors, General Manager FROM: David Sanguinetti, Operations Manager SUBJECT: Dog Waste on District Lands Earlier this year, I was notified by the San Mateo County Director of Environmental Health that he received a complaint from the public that described excessive dog waste being left at Pulgas Ridge Open Space Preserve. After his staff investigated the Blue Oak Trail that leads up to the "Dog Off Leash" area, he issued the District a warning to clean up what he deemed a Public Health Hazard of dog waste along the trail. In addition, I have been receiving reports from visitors and volunteers concerned about dog waste that is being left both in and out of bags at Pulgas Ridge, Windy Hill, Fremont Older, and St. Joseph Hill Open Space Preserves. To address these concerns, I have been working with the Management Team and the Public Affairs Department on strategies intended to solve this growing problem at the four preserves noted Operations Departments has two above. The Op options to address the problem:p 1. Post and enforce the District Regulation requiring dog waste to be removed from the preserve since it is posing a health hazard and is a public nuisance covered under MROSD Regulati on 701.5, Removal of Animal Excrement; 2. Seek authorization from the General Manager and District Board of Directors, to approve the placement of dog waste receptacles and baggie dispensers at these four preserves, which would result in increased operating costs and weekly servicing by District Field Staff. Since the District's creation over 38 years ago, it has always been our policy to require visitors to pack out any waste they generate during their visit. The policy has been very successful as District Field Staff have not had to place and service waste cans in any District Preserves. It would be very difficult for an already overextended staff to maintain a consistent service for the removal of dog waste, and it would not be in keeping with the District's "pack in and pack out" philosophy of requiring our constituents to pack out the waste they generate during their visit. After conferring with Management Team, the General Manager approved a plan by the Operations Department to sign and enforce District regulation requiring dog walkers to take responsibility for bagging and removing their dogs' waste (as the Board knows the District does not provide waste baggies or a waste can). This course of action is in line with a recommendation by Dean Petersen, Director of the San Mateo County Environmental Health, III who confirmed "the County would prefer that individuals manage their animals' waste in this circumstance" bagging it and disposing of it at home. Director Petersen sees a greater health risk to our staff if we were to allow waste to accumulate in a waste can until it is transported to a disposal site. This plan constitutes a change in the current practice by dog walkers who are accustomed to leaving dog waste off trail which is why the Public Affairs Department is working on adequate signage and on educating visitors to take responsibility for bagging and removing dog waste from the preserves at the end of their visit. Implementation will begin on Friday,November 19, 2010 after District regulation signs requiring the bagging and removal of dog waste are installed. To work on gaining compliance, staff will spend the first two months focusing on education, which will be followed by active enforcement sometime late in January 2011.