R-20-152 Meeting 20-30 December 16, 2020 AGENDA ITEM 2 AGENDA ITEM
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R-20-152 Meeting 20-30 December 16, 2020 AGENDA ITEM 2 AGENDA ITEM Certification of November 3, 2020 Election Results for Wards 3, 4, and 7 GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a Resolution Declaring Canvass of Returns and Results of the Biennial General District Election held on November 3, 2020. 2. Adopt a Resolution Appointing Director – Ward 4 of the Board of Directors of the Midpeninsula Regional Open Space District 3. Adopt a Resolution Appointing Director – Ward 7 of the Board of Directors of the Midpeninsula Regional Open Space District SUMMARY AND DISCUSSION On November 3, 2020, the Midpeninsula Regional Open Space District (District) held a Biennial General District Election for the purpose of electing one Board member for Ward 3. The Santa Clara County Registrar of Voters has canvassed the returns of the election and on December 2, 2020, the District Clerk received the Santa Clara County Registrar of Voters Certification of Election Results. In accordance with Public Resources Code Section 5532, the District Board of Directors shall declare the candidate elected after receipt of the certification of the election by the County Registrar of Voters. Certificates of election shall be issued, and the Oath of Office shall be administered within 30 days of the appointment or before the expiration of 15 days before the commencement of his or her term of office. The Directors’ terms will begin on January 5, 2021. No other filing is required. Appointment of Elected Candidates The attached resolution (Attachment 1) recites the number of votes cast and percentage of the vote received by each candidate, and declares the following persons elected to the respective elective offices for a term of four years commencing January 5, 2021: District Ward 3: Jed Cyr The votes cast and percentage of the vote received by each individual follows in the table below (Elected Board members names in bold): R-20-152 Page 2 Ward 3 – Total Votes Cast: 30,931 Candidate Votes Received Percentage of Votes Received Jed Cyr 21,436 69.30% Ed Riffle 9,495 30.70% Appointment of Unopposed Candidates Section 5532(e) of the District’s enabling legislation states, in part, that the Board of Directors shall appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of Directors shall make the appointment(s) and that the person(s) appointed shall qualify and take office, and serve exactly as if elected for office. The Board of Directors adopted Resolution No. 20-17 on June 10, 2020 authorizing the Registrars of Voters to not list any unopposed candidates for the November 3, 2020 election. Curt Riffle is the unopposed candidate nominated for the position of Director - Ward 4. Zoe Kersteen-Tucker is the unopposed candidate nominated for the position of Director - Ward 7. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with this agenda item. BOARD COMMITTEE REVIEW Board Committee review of this item is not required. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The proposed resolution does not constitute a project under the California Environmental Quality Act (CEQA) (14 Cal. Code. Regs., Section 15378(b)(4)). NEXT STEPS The District Clerk will administer the Oath of Office to the appointed and elected Board members for Wards 3, 4, and 7. Attachments 1. Resolution Declaring Canvass of Returns and Results of the Biennial General District Election held on November 3, 2020 2. Resolution Appointing Director – Ward 4 of the Board of Directors of the Midpeninsula Regional Open Space District 3. Resolution Appointing Director – Ward76 of the Board of Directors of the Midpeninsula Regional Open Space District R-20-152 Page 3 Responsible Department Head: Ana Ruiz, General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Attachment 1 RESOLUTION NO. 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING CANVASS OF RETURNS AND RESULTS OF THE BIENNIAL GENERAL DISTRICT ELECTION HELD ON NOVEMBER 3, 2020 WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District duly called and ordered to be held in the District on Tuesday, November 3, 2020, a biennial general district election pursuant to Public Resources Code 5532 to fill seats for Wards 3, 4, and 7; and WHEREAS, the Registrars of Voters in Santa Clara and San Mateo Counties were requested to perform all necessary election procedures for the consolidated biennial general district election; and WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position of Ward 4 to be filled at that election who in accordance with Section 5532(e) of the Public Resources Code will be appointed by separate resolution; and WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position of Ward 7 to be filled at that election who in accordance with Section 5532(e) of the Public Resources Code will be appointed by separate resolution; and WHEREAS, the Santa Clara County Registrar of Voters did canvass the returns of the biennial general district election for Ward 3, and did certify to this Board of Directors the results of the votes cast at said election, which results are attached as Exhibit "A" and incorporated herein by reference; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District: 1. The statement of the final results by the County of Santa Clara Registrar of Voters as shown in Exhibit "A" and the results of the votes cast at the biennial general district election are hereby ratified, confirmed and approved. 2. The total numbers of votes cast in the District at the biennial general district election and the number of votes cast in each precinct for the persons and respective offices to be filled at the General Municipal Election, are as set forth in the Certification of Election Results from the County of Santa Clara Registrar of Voters, as shown in Exhibit “A.” 3. The names of the persons voted for the offices of Director and the total number of votes (including absentee votes) given in the respective Wards to each of the persons were as follows: Ward 3 – Total Votes Cast: 30,931 Resolutions/2020/20-__Certify Election Results 1 Attachment 1 Candidate Votes Received Percentage of Votes Received Jed Cyr 21,436 69.30% Ed Riffle 9,495 30.70% 4. The following named persons received the largest number of votes for the offices of Director and were, therefore, duly elected to the office, and the District Clerk is hereby directed to issue a Certificate of Election to the persons, certifying each person’s election to the office appearing after his or her name, and to administer to the elected persons the oath of office prescribed by the Constitution and the laws of the State of California: Ward Director No. 3 Jed Cyr 5. The District Clerk of the Midpeninsula Regional Open Space District hereby is instructed to enter this Resolution on the minutes of the Midpeninsula Regional Open Space District as a statement of the results of the November 3, 2020 biennial general district election. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2020, at a special meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Jed Cyr, Secretary Karen Holman, President Board of Directors Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Resolutions/2020/20-__Certify Election Results 2 Exhibit A Page: 1 of 34 12/1/2020 5:05:13 PM Exhibit A Election Summary Report General Election Santa Clara November 03, 2020 Official Final Results Elector Group Counting Group Voters Cast Registered Voters Turnout Total Precinct 60,005 5.89% Vote by Mail 803,959 78.87% Total 863,964 1,019,309 84.76% Precincts Reported: 596 of 596 (100.00%) Voters Cast: 863,964 of 1,019,309 (84.76%) President and Vice President (Vote for 1) Precincts Reported: 596 of 596 (100.00%) Total Times Cast 863,964 / 1,019,309 84.76% Candidate Party Total JOSEPH R. BIDEN / KAMALA DEM 617,967 72.64% D. HARRIS DONALD J. TRUMP / REP 214,612 25.23% MICHAEL R. PENCE JO JORGENSEN / JEREMY LIB 9,131 1.07% "SPIKE" COHEN HOWIE HAWKINS / ANGELA GRN 4,040 0.47% NICOLE WALKER ROQUE "ROCKY" DE LA FUENTE GUERRA / KANYE AI 2,623 0.31% OMARI WEST GLORIA LA RIVA / SUNIL PF 2,149 0.25% FREEMAN Write-in 219 0.03% Total Votes 850,741 Total BRIAN CARROLL / AMAR WRITE-IN 151 0.02% PATEL JESSE VENTURA / CYNTHIA WRITE-IN 29 0.00% MCKINNEY MARK CHARLES / ADRIAN WRITE-IN 24 0.00% WALLACE JOSEPH KISHORE / NORISSA WRITE-IN 8 0.00% SANTA CRUZ BROCK PIERCE / KARLA WRITE-IN 7 0.00% BALLARD Page: 2 of 34 12/1/2020 5:05:13 PM Exhibit A 17th Congressional (Vote for 1) Precincts Reported: 146 of 146 (100.00%) Total Times Cast 234,162 / 275,766 84.91% Candidate Party Total RO KHANNA DEM 158,483 71.54% RITESH TANDON REP 63,044 28.46% Total Votes 221,527 18th Congressional (Vote for 1) Precincts Reported: 204 of 204 (100.00%) Total Times Cast 292,226 / 332,297 87.94% Candidate Party Total ANNA G.