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HomeMy Public PortalAbout20201216 - Agenda Packet - Board of Directors (BOD) - 20-30 SPECIAL MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, December 16, 2020 Special Meeting starts at 5:00 PM* Special Meeting starts at 6:00 PM* A G E N D A Consistent with Governor Gavin Newsom's Executive Order N-29-20, the Governor has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body to avoid public gatherings, and has suspended all contrary provisions of the Brown Act. THIS MEETING WILL BE VIA TELECONFERENCE ONLY 1. The meeting can be viewed in real-time at; https://openspace.zoom.us/j/86762069195 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 86762069195). 2. Members of the public may provide written comments by submitting a public comment form at: https://www.openspace.org/public-comment • Comments on matters not on the agenda must be submitted prior to the time the board president calls for public comments. • Comments on agenda items must be submitted prior to the time public comment on the agenda item is closed. • All comments shall be subject to the same rules as would otherwise govern speaker comments at the board of directors meeting. • Electronic comments on agenda may only be submitted via the public comment form. Comments via text or social media (Facebook, Twitter, etc.) will not be accepted. Any comments received after the deadline, will be provided to the Board after the meeting. 5:00 * SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: General Manager ADJOURNMENT Meeting 20-30 Rev. 1/3/20 6:00 * SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS This portion of the agenda is for members of the public to comment on items not on the agenda; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. Individuals are limited to one comment during this section. ADOPTION OF AGENDA SPECIAL ORDER OF THE DAY o Proclamation to Honor California State Senator Jerry Hill CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve December 7, 2020 and December 9, 2020 Minutes 2. Certification of November 3, 2020 Election Results for Wards 3, 4, and 7 (R-20-152) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager General Manager’s Recommendation: 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 3. Amendments to the Conflict of Interest Code (R-20-143) Staff Contact: Mazarin Vakharia, Assistant General Counsel and Jennifer Woodworth, District Clerk General Manager’s Recommendation: Adopt a resolution amending the Conflict of Interest Code to make minor updates to the list of positions required to file Form 700 (Statement of Economic Interests). BOARD BUSINESS Public comment on agenda items at the time each item is considered by the Board of Directors. Written public comments will be provided to the Board prior to the meeting and posted on the District’s website at www.openspace.org. All written comments submitted in accordance with the guidance posted on the District’s website will be read into the record. 4. 50th Anniversary Celebration Preparations (R-20-148) Continued from the December 9, 2020 Board Meeting Staff Contact: Mike Kahn, Public Affairs Specialist II Rev. 1/3/20 General Manager’s Recommendation: Discuss approaches for and provide input on options for Board involvement and timely decisions as planning progresses, including options to guide staff with resource decisions, consideration of Board liaisons for planning key components, and mechanisms for public input and partner coordination, etc. 5. Oral Update on Midpeninsula Regional Open Space District COVID-19 Response Staff Contact: Ana Ruiz, General Manager General Manager’s Recommendation: No Board action required. 6. Reject All Bids for the Administrative Office Project located at 5050 El Camino Real, Los Altos, CA (R-20-150) Staff Contact: Tanisha Werner, Senior Capital Project Manager, Engineering and Construction Department General Manager’s Recommendation: 1. Reject all bids received for the 5050 El Camino Real Administrative Office Project. 2. Authorize the General Manager to re-solicit bids from the list of prequalified contractors INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports 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 I, Jennifer Woodworth, 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 was posted and available for review on December 11, 2020, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Rev. 1/3/20 Jennifer Woodworth, MMC District Clerk Proclamation of the Midpeninsula Regional Open Space District HonoringSenator Jerry HillSenator Jerry Hill WHEREAS, The Honorable Jerry Hill has been a legislator representing the California State Senate, 13th District, which encompasses most of San Mateo County and northern Santa Clara County. Senator Hill started his career in public service in 1991 when he was elected to the San Mateo City Council. Senator Hill was elected to the San Mateo County Board of Supervisors in 1998, where he served for 10 years. He was elected to the California Assembly in 2008 where he served for 4 years until his election to the California Senate in 2012 and re-election in 2016; and WHEREAS, Senator Hill served as the Chair of the California Senate Labor, Public Employment and Retirement Committee and the Subcommittee on Gas, Electric and Transportation Safety. He also was a member of the Senate Appropriations, Environmental Quality, Governmental Organization, and Energy, Utilities and Communications Committees; and WHEREAS, throughout his legislative career Senator Hill has worked in a bi-partisan manner, actively reaching across the aisle in order to compromise and create real solutions for Californians, which is evident by his prolific record of getting bills signed into law; and WHEREAS, Senator Hill’s legislative agenda has centered on a deep commitment to improving the safety, well-being and quality of life for Californians as evidenced by his legislation to bring greater accountability in government and in other entities that serve the public; and WHEREAS, Senator Hill has consistently demonstrated his commitment to the environment and the agencies that support the mission of open space preservation and conservation through active support of environmental legislation and participation on the Senate Environmental Quality Committee; and WHEREAS, in 2004 Senator Hill, as a member of the San Mateo County Board of Supervisors and Local Agency Formation Commission, worked with then fellow Board and Commission member Richard Gordon to enable the annexation of the Midpeninsula Regional Open Space District into the San Mateo County coastal region; and WHEREAS, in 2011 Senator Hill, as a member of the California Assembly, co-authored and successfully passed AB 612 (Gordon), allowing the District to extend the term of debt payments in order to leverage more capital to buy and preserve open space; and WHEREAS, in 2014 Senator Hill voted in support of AB 495 (Gordon), expanding the signing authority of the District’s General Manager to provide greater efficiency and cost-effectiveness in District spending; and WHEREAS, in 2014 Senator Hill endorsed and actively supported the passage of the District’s successful $300 million general obligation bond to support the protection natural open space lands, the opening of preserves that are currently closed, construct public access improvements, and the restoration and enhancement of open space land; and WHEREAS, in 2017 Senator Hill authored SB 793, a District Sponsored bill, allowing the District to utilize design-build contracting on its capital projects to save both time and cost, as well as bring heightened expertise to project delivery; and WHEREAS, in 2019 Senator Hill secured the appropriation of $2 million in budgeted state general funds for the District for the purposes of acquiring 587 acres of coastal grazing land and natural habitat at Gordon Ridge; and NOW, THEREFORE BE IT RESOLVED, on this sixteenth day of December 2020, that the Board of Directors of the Midpeninsula Regional Open Space District does hereby express its individual and collective gratitude and respect for Senator Jerry Hill, for his service to the State of California, San Mateo and Santa Clara County, and wishes upon him success and prosperity in whichever capacity he may find it upon himself to continue to serve his community. Pete Siemens, Director, Ward 1 Yoriko Kishimoto, Director, Ward 2 Jed Cyr, Director, Ward 3 Curt Riffle, Director, Ward 4 Karen Holman, Director, Ward 5 Larry Hassett, Director, Ward 6 Zoe Kersteen-Tucker, Director, Ward 7 Photo by Christan Santos December 7, 2020 Board Meeting 20-28 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Monday, December 7, 2020 The Board of Directors conducted this meeting in accordance with California Governor Newsom’s Executive Order N-29-20. All Board members and staff participated via teleconference. DRAFT MINUTES SPECIAL MEETING President Holman called the special meeting of the Midpeninsula Regional Open Space District to order at 9:00 a.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, District Clerk/Assistant to the General Manager Jennifer Woodworth, Controller Mike Foster, Budget & Analysis Manager Mike Bower, Finance Manager Andrew Taylor, Natural Resources Manager Kirk Lenington, Chief Ranger/Visitor Services Manager Matt Anderson, Planning Manager Jane Mark, Land & Facilities Manager Brandon Stewart, Engineering & Construction Manager Jay Lin, Human Resources Manager Candice Basnight, Information Systems & Technology Manager Casey Hiatt, Public Affairs Manager Kori Skinner, Real Property Manager Mike Williams, Budget Analyst I Lupe Hernandez, and Budget Analyst I Elissa Martinez District Clerk Jennifer Woodworth announced this meeting is being held in accordance with Governor Newsom’s Executive Order allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Meeting 20-28 Page 2 Administrative Office, and on the District website. Ms. Woodworth described the process and protocols for the meeting. ORAL COMMUNICATIONS Ms. Woodworth read the submitted public comments into the record. Michael Castro expressed opposition to the District’s ban on electric bikes on District preserves and requested District information supporting its decision to ban e-bikes. BOARD BUSINESS 1. Progress Update on the Fiscal Year 2020-21 Capital Improvement and Action Plan (R-20-114) Assistant General Manager Susanna Chan provided the staff presentation summarizing progress made on the fiscal year 2020-21 (FY21) projects, describing delays to some projects due to COVID-19 and carryover of some projects to the following fiscal year. Projects to be carried into the next fiscal year include: Lone Madrone Ranch fence installation, Purisima Upland site clean- up and soil remediation assessment, Bear Creek Stables site plan implementation, and Hawthorns public access site plan. Director Kishimoto requested clarification regarding the allocation of state funding for the Cloverdale acquisition. Ms. Chan reported staff is meeting with newly elected officials in order to discuss this funding and potential for District use of these funds. Members of the Board praised staff for continuing to move forward with District projects in the face of difficult challenges, including COVID-19, wildfires, etc. Public comment opened at 9:29 a.m. District Clerk Jennifer Woodworth reported no public comments were submitted for this item. Public comment closed at 9:29 a.m. No Board action required. 2. 2020 Environmental Scan and Fiscal Year 2021-22 Strategic Plan Goals and Objectives (R-20-112) Chief Financial Officer Stefan Jaskulak described the purpose and process used to develop the annual environmental scan. Mr. Jaskulak described key themes of the environmental scan, including the District’s continued stable financial position, high preserve visitation levels, increased project complexity impacting project costs and timelines, climate change impacts, potential legislative policy shifts, and recruitment and retainment of employees. Mr. Jaskulak presented both internal and external strengths, challenges & barriers, and opportunities for the District. Meeting 20-28 Page 3 Director Riffle commented on the financial stress partner organizations may be under and inquired if the District should potentially fund a larger share of joint partner projects. Mr. Jaskulak commented staff has been discussing this topic and developing potential funding plans. The Board may want to continue this discussion in the future. Director Riffle commented on the higher visitation rates since the start of the COVID-19 pandemic stating he does not think this visitation will lessen in the future. Director Riffle also commented on the impact of climate changes through wildfire, drought, and the impact on biodiversity stating the District should remain focused on all three areas and not just the most pressing. Finally, Director Riffle commented that the focus on diversity, inclusion and awareness should continue to be a key theme and focus at the District. Director Kersteen-Tucker commented on the potential long-term impact of continued remote working leading to fatigue for employees and suggested the District may be able to adapt to a remote/in-office hybrid approach to work once staff returns to the office. Mr. Jaskulak reported on some of the measures being taken by the District to combat employee fatigue and stated staff will be returning at a future meeting with options for incorporating lessons learned from remote working into the District’s work culture. Director Kishimoto suggested the District can help promote open space as a way to unite people of all backgrounds. Additionally, climate change continues to be a driving theme for the District and suggested it may need to be its own goal with associated objectives in the strategic plan. Director Hassett inquired what areas and partners the District could consider supporting with District funding and assistance for partner projects. Director Hassett commented on the need to focus on fuel-reduction projects. Mr. Jaskulak reported only preliminary conversations are occurring, and staff will report back to the Board to receive direction once options are developed. Assistant General Manager Brian Malone reported on various District projects which require partner funding, such as the Highway 17 crossings. Partner funding for this type of projects could potentially be delayed and impact project timelines. Director Siemens commented on the need to increase the amount of parking for future projects in anticipation of higher visitor use. Director Siemens also suggested the new administrative office space may not all be needed for staff if more members of staff continue to work from home more than before, stating additional space could be leased. Director Riffle suggested additional focus and attention is needed on promoting various means of accessing District preserves, including public transportation, bicycles, and virtual visitation. Director Riffle commented on the work of the La Honda Public Access Working Group and the large amount of staff time and support needed to support this effort. Increased engagement of the coastside areas is needed as a large number of upcoming District projects are located in that area. Meeting 20-28 Page 4 General Manager Ana Ruiz commented on the impact of remote working on District staff and the need to be mindful of what new initiatives are added for the upcoming fiscal year. Ms. Ruiz also provided responses to District comments, including the need to examine parking capacity at and near District preserves, partnerships with the San Mateo County Farm Bureau and other District partnerships. President Holman suggested the District may want to consider partnering or collaborating with corporate partners for potential parking areas for shuttles, ideas to address employee fatigue, etc. President Holman suggested holding a volunteer and docent charette to promote personal interaction among them and suggested socially distant, small group gatherings with docents at the preserves once it is safe to do so. The members of the Board commented on the incredible job being done by staff in adapting to the remote and changed working environment. President Holman suggested the District should consider reducing the number of projects or initiatives in response to the current working environment. Director Kersteen-Tucker suggested expanding the District’s partnerships with the agricultural communities and partner organizations on the Coast. Ms. Ruiz commented corporate partnerships will be considered as the District continues its work to expand multi-modal access to preserves and that coastside outreach would include the coastside residents and the broader agricultural community. Board members also made suggestions for additional strengths, challenges & barriers, and opportunities. Public comment opened at 10:28 a.m. District Clerk Jennifer Woodworth announced no public comments were submitted to be read into the record. Public comment closed at 10:28 a.m. The item was continued until after item 3. The Board recessed at 10:35 a.m. and reconvened at 10:42 a.m. with all Directors present. The Board returned to this agenda item at 1:47 p.m. after agenda item 3. Mr. Malone reviewed the process used to develop the District’s strategic plan which guides the development of each year’s budget and action plan. Mr. Malone reviewed the draft FY22 Strategic Plan Goals and Objectives and proposed edits. The Board suggested edits to the FY22 Strategic Plan Goals and Objectives. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the FY22 Strategic Plan Goals and Objectives, as modified. Meeting 20-28 Page 5 ROLL CALL VOTE: 7-0-0 3. Potential Focus Areas for Fiscal Year 2021-22 (R-20-113) Ms. Chan, Mr. Jaskulak, and Mr. Malone described potential focus areas for fiscal year 2021-22 (FY22), including preparations for the new administrative office, post-COVID adjustments, adequate staff support and resources for wildfire resiliency efforts, management and response to higher preserve use, net-zero impacts and resource management priorities, evaluation of e-bike use, and fiftieth anniversary planning and activities. Director Cyr inquired regarding the flexibility of the new administrative office to adjust with a potential shift toward greater levels of remote working by staff. Ms. Ruiz reported staff is looking at options for increasing flexibility to maximize the amount of office space that may be leased and to maximize the efficiency of the District-allocated office space. Director Kishimoto suggested the District may want to reconsider the options for public comment during virtual meetings to allow for live audio comment for the public. Ms. Woodworth commented that at the beginning of the virtual meetings, staff and the Board were concerned with the security of the meetings and the potential for “Zoom-bombing,” which was prevalent in many public agency meetings. The virtual meeting technology allows for live audio comment if the Board would like to provide additional direction on this topic. The Board directed staff to bring forward an agenda item on this topic to a future Board meeting. Director Kersteen-Tucker inquired how the District was taking steps to retain current District employees. Ms. Ruiz reported on wellness trainings offered by the District, adjustment of work schedules to fit employee schedules, reduction of employee work hours upon request, etc. Human Resources Manager Candice Basnight commented on the District’s onboarding program to connect with new employees, ongoing retention of employees, and frequent communication with staff regarding changes due to COVID-19 to provide a sense of stability. President Holman inquired regarding options for balancing additional staff to support wildfire resiliency against potentially delaying other District projects if current staff is reallocated to wildfire resiliency efforts. Mr. Malone commented on potential options, including additional staff to oversee fuel management projects, additional grant funding, shifting project priorities away from Measure AA projects, etc. Director Siemens suggested additional staff may be needed soon in order to support fuel management and wildfire resiliency projects rather than wait to hire them later. Meeting 20-28 Page 6 The Board recessed at 11:55 a.m. and reconvened at 12:42 p.m. with Directors Cyr, Hassett, Holman, Kersteen-Tucker, and Riffle present. Director Siemens joined the meeting at 12:52 p.m. Director Kishimoto joined the meeting at 12:57 p.m. Public comment opened at 1:05 p.m. Ms. Woodworth read the submitted public comments into the record. Michael Ferreira with the Sierra Club opposed allowing e-bikes on District preserves because of the negative impact on natural resources. Public comment closed at 1:06 p.m. Director Cyr spoke in favor the District’s measured approach to regulating and allowing e-bikes on District preserves. Director Riffle commented on higher visitation rates and the impact of new preserve users on staff capacity to meet visitor needs. Director Riffle suggested a working group of various preserve users may be helpful in examining the topic of e-bike use at District preserves due to the various opinions of users and stated the public is eager to have additional guidance on this topic. Director Kersteen-Tucker inquired regarding the report on the carrying capacity of preserves as studied by the Science Advisory Panel (SAP) will be presented. Mr. Malone reported the SAP is studying the impact of public access and also the positive benefits of public access. Natural Resources Manager Kirk Lenington reported staff plans to bring the information from the SAP in summer 2021. Director Kersteen-Tucker suggested working with other organizations on the e-bike pilot program to help inform regional e-bike usage and to potentially shorten the timeline for the project. Additional data is needed to understand the impact on unpaved trails and supports allowing e-bikes on paved trails, which are often used as a commute route. Director Siemens suggested prioritizing the e-bike pilot project to allow the District to give additional guidance on the topic sooner. Director Hassett spoke regarding the impact of high visitation on preserve neighbors, including overflow parking negatively impacting neighbors. Director Hassett also spoke in favor of prioritizing the e-bike pilot project. Director Kishimoto spoke in favor of taking a measured approach to e-bike regulations rather than prioritizing the pilot project over other District projects. Meeting 20-28 Page 7 Directors Riffle and Kishimoto spoke in favor of focusing on the work at Lehigh Quarry including continuing the ad hoc committee. President Holman spoke in favor of net zero impacts from District projects and stated impacts may need to be studied on a localized level and part of the focus should be avoiding impacts and raising consciousness regarding the impacts of projects. Director Riffle suggested placing an item on an upcoming future Board meeting agenda regarding the timeline for the e-bike pilot program. No Board action required. INFORMATIONAL MEMORANDUM • Development of a True Multi-Year Capital Improvement and Action Plan • Progress Update on Measure AA Commitments ADJOURNMENT President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 3:08 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk December 9, 2020 Board Meeting 20-29 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, December 9, 2020 The Board of Directors conducted this meeting in accordance with California Governor Newsom’s Executive Order N-29-20. All Board members and staff participated via teleconference. DRAFT MINUTES SPECIAL MEETING President Holman called the special meeting of the Midpeninsula Regional Open Space District to order at 5:00 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Controller Mike Foster, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, Chief Financial Officer Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Planning Manager Jane Mark, Finance Manager Andrew Taylor District Clerk Jennifer Woodworth announced this meeting is being held in accordance with Governor Newsom’s Executive Order allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. Ms. Woodworth described the process and protocols for the meeting. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda. Meeting 20-29 Page 2 ROLL CALL VOTE: 7-0-0 SPECIAL ORDERS OF THE DAY • Presentation from San Mateo County Re: Unincorporated Area San Mateo County Active Transportation Plan Julia Malmo-Laycock, Active Transportation Planner, and Joel Slavit, Senior Sustainability Specialist, both with the San Mateo County Office of Sustainability provided the presentation describing the development of the Active Transportation Plan, the draft plan, and next steps for the process. 1. Comprehensive Annual Financial Report Training Finance Manager Andrew Taylor provided the training describing the purpose and contents of the District’s Comprehensive Annual Financial Report. Public comment opened at 6:04 p.m. District Clerk Jennifer Woodworth reported no public comments were submitted for this item. Public comment closed at 6:04 p.m. No Board action required. 2. Annual Bond Disclosure Training for the Board of Directors, Members of the Disclosure Working Group, and Contributors (R-20-141) Jacquelynne Jennings, partner with the District’s disclosure counsel Schiff Hardin, presented the annual training on bond disclosure obligations, responsibilities, financial obligations and associated amendments, and potential liabilities of members of the Board of Directors and members of the Disclosure Working Group. Public comment opened at 6:49 p.m. District Clerk Jennifer Woodworth reported no public comments were submitted for this item. Public comment closed at 6:49 p.m. No Board action required. ADJOURNMENT President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:50 p.m. Meeting 20-29 Page 3 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President Holman called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Controller Mike Foster, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, Chief Financial Officer Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Public Affairs Manager Kori Skinner, Finance Manager Andrew Taylor, Planning Manager Jane Mark, Engineering & Construction Manager Jay Lin, Chief Ranger Matt Anderson District Clerk Jennifer Woodworth announced this meeting is being held in accordance with Governor Newsom’s Executive Order allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. Ms. Woodworth described the process and protocols for the meeting. ORAL COMMUNICATIONS Ms. Woodworth read the submitted public comments into the record. Rich Berry asked the Board to reconsider the ban of Class 1 e-bikes at District preserves. Janssen Liston requested the District allocate additional funding to El Sereno Open Space Preserve for wildfire resiliency efforts. SPECIAL ORDER OF THE DAY • Proclamation for California State Senator Jim Beall CONSENT CALENDAR Public comment opened at 7:26 p.m. District Clerk Jennifer Woodworth read the submitted public comments into the record. Meeting 20-29 Page 4 Alex Sabo with the Bay Area Ridge Trail Council commented in support of dedicating the Oljon Trail as a new segment of the Bay Area Ridge Trail, which will add 1.8 miles to the trail. Annette Herz commented in the importance of the Highway 17 wildlife crossing to protect wildlife and trail users as they cross the highway corridor, and to support habitat connectivity. Alex Sabo with the Bay Area Ridge Trail Council commented in support of the Highway 17 crossing to help support the proposed 550-mile regional trail and on the importance of protecting local wildlife. Public comment closed at 7:30 p.m. Motion: Director Kishimoto moved, and Director Riffle seconded the motion to approve the Consent Calendar. ROLL CALL VOTE:7-0-0 1. Approve November 18, 2020 Minutes 2. Approve Claims List 3. Increase of an Existing Half Time Position to a Full Time Position in the Legal Department (R-20-153) General Manager’s Recommendation: Adopt a resolution amending the Budget and Action Plan for Fiscal Year 2020-21 to increase the existing half-time position of Risk Management Analyst to a full-time position in the Legal Department 4. Designation of the Oljon Trail in El Corte de Madera Open Space Preserve as part of the regional Bay Area Ridge Trail (R-20-142) General Manager’s Recommendation: Designate the existing Oljon Trail in El Corte de Madera Creek Open Space Preserve as a new segment of the regional Bay Area Ridge Trail in accordance with the intentions of the California State Coastal Conservancy-Bay Area Ridge Trail Partner Grants 5. Application for Grant Funding from the Wildlife Conservation Board (R-20-144) General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to submit an application for grant funding from the Wildlife Conservation Board and to negotiate a grant funding agreement for $5,000,000 to support the planning and design of the Highway 17 Wildlife and Regional Trails Crossing Project. 6. Second Reading and Adoption of the Board Compensation Ordinance 20-02 (R-20- 147) General Manager’s Recommendation: 1. Waive reading and adopt an Ordinance 20-02 increasing Board compensation from $100.00 to $105.00 per meeting pursuant to Public Resources Code section 5536. Meeting 20-29 Page 5 2. Amend Board Policy 6.06 to reflect the increase in compensation resulting from the Board compensation ordinance. BOARD BUSINESS 7. Fiscal Year 2020 Annual Financial Report (R-20-145) Finance Manager Andrew Taylor provided the FY2019-20 Annual Financial Report, including a summary of the District’s year-end revenues, a comparison of the Board-adopted budget and District expenditures, and fund balance. Finally, Mr. Taylor explained the purpose of transferring a total of $3 million from the General Fund Unassigned Fund to funds for infrastructure and capital projects and prior updates to Board Policy 3.08, Statement of Investment. Public comment opened at 7:41 p.m. District Clerk Jennifer Woodworth reported no public comments were submitted for this item. Public comment closed at 7:41 p.m. Motion: Director Cyr moved, and Director Riffle seconded the motion to: 1. Review and accept the Fiscal Year 2019-20 (FY20) Annual Financial Report. 2. Adopt a resolution approving the transfer of a total of $3 million from the General Fund Unassigned Fund balance to the Committed Fund for Future Acquisitions and Capital Projects. 3. Approve an updated Board Policy 3.08, Statement of Investment, to reflect a prior Board proviso that was omitted from the prior update. ROLL CALL VOTE: 7-0-0 8. 50th Anniversary Celebration Preparations (R-20-148) Public Affairs Specialist II Mike Kahn described the timeline for developing the proposed scope of the fiftieth anniversary celebration plans and the goals and objectives for the celebration, including to commemorate the founding, increase public awareness and positive regard, tell the District’s legacy story, and celebrate accomplishments. Proposed plans include developing an anniversary logo and themed products, organizing community and preserve events, hosting a scientific symposium on land management research, and filming a 60-minute documentary focusing on what it takes to make open space happen in the Bay Area. Director Riffle commented on the need to include and highlight the coast and role of agriculture in the District in the various events and activities. Additionally, the fiftieth anniversary is an excellent opportunity to connect with new users. Director Riffle encouraged staff to reach out to retired staff and Board members to include them in events. Finally, Director Riffle suggested including members of the public to serve on the ad hoc committee. The Board members shared comments on the history of the District and its growth over the years, and how to include key moments and ideas in the fiftieth anniversary celebration. Meeting 20-29 Page 6 President Holman suggested having two ad hoc committees – one for outdoor aspects of the activities and the other for indoor events. The remaining Board member could provide input on the proposed symposium and work with outside partners. General Manager Ana Ruiz emphasized the need to be able to act quickly and expressed concern regarding staff management of two committees. Ms. Ruiz inquired about the Board’s desired level of involvement in the planning process. Motion: Director Riffle moved, and Director Holman seconded the motion to continue the item to the December 16, 2020 Board meeting. ROLL CALL VOTE: 7-0-0 The Board recessed the meeting to the end of the meeting of the Financing Authority at 8:31 p.m. The Board reconvened the regular meeting at 8:39 p.m. INFORMATIONAL MEMORANDUM • Cloverdale Coastal Ranch Land Conservation Opportunity: Annual Update • Progress Report on Science Advisory Panel Work • Update on the Electric Bicycle Pilot Implementation at Rancho San Antonio and Ravenswood Preserves Director Kersteen-Tucker suggested including the pilot parking for unimproved trails at the same time as for paved trails. Assistant General Manager Brian Malone stated staff plans to return to the Board in early 2021 to present the schedule and scope for the pilot program and to receive Board direction. Director Siemens suggested gathering data from other agencies that allow Class 1 e-bikes on their unpaved trails to provide background information for staff. INFORMATIONAL REPORTS A. Committee Reports Director Kersteen-Tucker reported the Real Property Committee met yesterday to discuss the potential purchase of the Billingsley property as part of the Sierra Azul Open Space Preserve. Director Kersteen-Tucker reported the Board Self-Evaluation ad hoc committee met to interview potential facilitators and will be meeting soon to review proposals submitted. B. Staff Reports Ms. Ruiz invited the Board to view the Volunteer Recognition Event to be held on December 10, 2020. Meeting 20-29 Page 7 C. Director Reports Director Cyr reported he attended the Vida Verde celebration and invited the Board to view the recording of it. Director Kishimoto announced she was selected to serve as the special district delegate position on the Santa Clara LAFCO Board of Directors. ADJOURNMENT President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:56 p.m. SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY President Siemens called the meeting of the Midpeninsula Regional Open Space District Financing Authority to order at 8:00 p.m. ROLL CALL Members Present: Larry Hassett, Karen Holman, Yoriko Kishimoto, Pete Siemens, and Santa Clara County Supervisor Joe Simitian Members Absent: None Staff Present: Executive Director Ana Ruiz, General Counsel Hilary Stevenson, Financing Authority Secretary Jennifer Woodworth ADOPTION OF AGENDA Motion: Director Hassett moved, and Director Siemens seconded the motion to adopt the agenda. ROLL CALL VOTE: 5-0-0 FINANCING AUTHORITY BUSINESS 1. Acceptance of the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2020 (R-20-146) Finance Manager Andrew Taylor provided the staff presentation describing the purpose of the Financing Authority and the current amount of debt, which will be fully paid in September 2021. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to accept the Annual Financial Report. VOTE: 5-0-0 Meeting 20-29 Page 8 President Holman adjourned the meeting of the Midpeninsula Regional Open Space District Financing Authority at 8:39 p.m. back to the regular meeting. ________________________________ Jennifer Woodworth, MMC District Clerk 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 Resolutions/2020/20-__Certify Election Results 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 Attachment 1 Resolutions/2020/20-__Certify Election Results 2 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 Board of Directors Karen Holman, President 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 Attachment 1 Exhibit A Candidate Party Total JOSEPH R. BIDEN / KAMALA D. HARRIS DEM 617,967 72.64% DONALD J. TRUMP / MICHAEL R. PENCE REP 214,612 25.23% JO JORGENSEN / JEREMY "SPIKE" COHEN LIB 9,131 1.07% HOWIE HAWKINS / ANGELA NICOLE WALKER GRN 4,040 0.47% ROQUE "ROCKY" DE LA FUENTE GUERRA / KANYE OMARI WEST AI 2,623 0.31% GLORIA LA RIVA / SUNIL FREEMAN PF 2,149 0.25% Write-in 219 0.03% Total Votes 850,741 Total BRIAN CARROLL / AMAR PATEL WRITE-IN 151 0.02% JESSE VENTURA / CYNTHIA MCKINNEY WRITE-IN 29 0.00% MARK CHARLES / ADRIAN WALLACE WRITE-IN 24 0.00% JOSEPH KISHORE / NORISSA SANTA CRUZ WRITE-IN 8 0.00% BROCK PIERCE / KARLA BALLARD WRITE-IN 7 0.00% Total Times Cast 863,964 / 1,019,309 84.76% Precincts Reported: 596 of 596 (100.00%) President and Vice President (Vote for 1) Precincts Reported: 596 of 596 (100.00%) Voters Cast: 863,964 of 1,019,309 (84.76%) Election Summary Report Santa Clara Official Final Results November 03, 2020 General Election 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% 12/1/2020 5:05:13 PMPage: 1 of 34 Exhibit A Candidate Party Total RO KHANNA DEM 158,483 71.54% RITESH TANDON REP 63,044 28.46% Total Votes 221,527 Total Times Cast 234,162 / 275,766 84.91% Precincts Reported: 146 of 146 (100.00%) 17th Congressional (Vote for 1) Candidate Party Total ANNA G. ESHOO DEM 157,044 61.65% RISHI KUMAR DEM 97,694 38.35% Total Votes 254,738 Total Times Cast 292,226 / 332,297 87.94% Precincts Reported: 204 of 204 (100.00%) 18th Congressional (Vote for 1) Candidate Party Total ZOE LOFGREN DEM 224,385 71.68% JUSTIN JAMES AGUILERA REP 88,642 28.32% Total Votes 313,027 Total Times Cast 330,512 / 402,141 82.19% Precincts Reported: 235 of 235 (100.00%) 19th Congressional (Vote for 1) Candidate Party Total JIMMY PANETTA DEM 5,158 76.29% JEFF GORMAN REP 1,603 23.71% Total Votes 6,761 Total Times Cast 7,064 / 9,105 77.58% Precincts Reported: 11 of 11 (100.00%) 20th Congressional (Vote for 1) 12/1/2020 5:05:13 PMPage: 2 of 34 Exhibit A Candidate Party Total JOSH BECKER DEM 118,799 76.20% ALEXANDER GLEW REP 37,111 23.80% Total Votes 155,910 Total Times Cast 166,187 / 189,361 87.76% Precincts Reported: 96 of 96 (100.00%) 13th State Senate (Vote for 1) Candidate Party Total DAVE CORTESE DEM 212,207 54.78% ANN M. RAVEL DEM 175,203 45.22% Total Votes 387,410 Total Times Cast 449,212 / 533,759 84.16% Precincts Reported: 325 of 325 (100.00%) 15th State Senate (Vote for 1) Candidate Party Total JOHN LAIRD DEM 66,543 64.74% VICKI NOHRDEN REP 36,244 35.26% Total Votes 102,787 Total Times Cast 108,845 / 129,520 84.04% Precincts Reported: 89 of 89 (100.00%) 17th State Senate (Vote for 1) Candidate Party Total MARC BERMAN DEM 114,263 73.65% PETER OHTAKI REP 40,871 26.35% Total Votes 155,134 Total Times Cast 168,695 / 192,204 87.77% Precincts Reported: 96 of 96 (100.00%) 24th Assembly (Vote for 1) 12/1/2020 5:05:13 PMPage: 3 of 34 Exhibit A Candidate Party Total ALEX LEE DEM 91,746 70.48% BOB BRUNTON REP 38,429 29.52% Total Votes 130,175 Total Times Cast 139,989 / 167,588 83.53% Precincts Reported: 109 of 109 (100.00%) 25th Assembly (Vote for 1) Candidate Party Total ASH KALRA DEM 127,772 72.65% G. BURT LANCASTER REP 48,112 27.35% Total Votes 175,884 Total Times Cast 189,410 / 238,740 79.34% Precincts Reported: 103 of 103 (100.00%) 27th Assembly (Vote for 1) Candidate Party Total EVAN LOW DEM 166,733 71.65% CARLOS RAFAEL CRUZ REP 65,976 28.35% Total Votes 232,709 Total Times Cast 253,506 / 289,585 87.54% Precincts Reported: 190 of 190 (100.00%) 28th Assembly (Vote for 1) Candidate Party Total MARK STONE DEM 32,973 67.90% SHOMIR BANERJEE REP 15,587 32.10% Total Votes 48,560 Total Times Cast 52,678 / 61,112 86.20% Precincts Reported: 51 of 51 (100.00%) 29th Assembly (Vote for 1) 12/1/2020 5:05:13 PMPage: 4 of 34 Exhibit A Candidate Party Total ROBERT RIVAS DEM 35,781 63.73% GREGORY SWETT REP 20,365 36.27% Total Votes 56,146 Total Times Cast 59,686 / 70,080 85.17% Precincts Reported: 47 of 47 (100.00%) 30th Assembly (Vote for 1) Candidate Party Total STUART J. SCOTT 544,151 100.00% Write-in 0 0.00% Total Votes 544,151 Total Times Cast 863,964 / 1,019,309 84.76% Precincts Reported: 596 of 596 (100.00%) Judge - Superior Court Office #24 (Vote for 1) Candidate Party Total GRACE H. MAH 53,033 52.00% MELISSA BATEN CASWELL 48,947 48.00% Write-in 0 0.00% Total Votes 101,980 Total Times Cast 126,592 / 144,623 87.53% Precincts Reported: 60 of 60 (100.00%) Board of Education, Trustee Area #1, Governing Board (Vote for 1) Candidate Party Total JOSEPH S. DI SALVO 53,488 47.21% KETZAL GÓMEZ 39,369 34.75% LUCIA GARCIA 20,430 18.03% Write-in 0 0.00% Total Votes 113,287 Total Times Cast 140,695 / 165,660 84.93% Precincts Reported: 90 of 90 (100.00%) Board of Education, Trustee Area #4, Governing Board (Vote for 1) 12/1/2020 5:05:13 PMPage: 5 of 34 Exhibit A Candidate Party Total VICTORIA CHON 48,532 53.43% ANNA E. SONG 42,296 46.57% Write-in 0 0.00% Total Votes 90,828 Total Times Cast 112,426 / 134,872 83.36% Precincts Reported: 68 of 68 (100.00%) Board of Education, Trustee Area #5, Governing Board (Vote for 1) Candidate Party Total MARY ANNE FILICE 30 45.45% ELIZABET ZEPEDA GONZALEZ 25 37.88% SHAWN P. HERRERA 11 16.67% Write-in 0 0.00% Total Votes 66 Total Times Cast 81 / 103 78.64% Precincts Reported: 1 of 1 (100.00%) San Benito Board of Education, District 1, Governing Board (Vote for 1) Candidate Party Total GILBERT WONG 104,246 29.73% PETER LANDSBERGER 98,460 28.08% LAURA CASAS 96,029 27.38% GOVIND TATACHARI 51,943 14.81% Write-in 0 0.00% Total Votes 350,678 Total Times Cast 205,036 / 233,262 87.90% Precincts Reported: 118 of 118 (100.00%) Foothill-De Anza Community College District, Governing Board (Vote for 3) Candidate Party Total PATRICIA MONDRAGON 5,591 61.42% MARK DOVER 3,512 38.58% Write-in 0 0.00% Total Votes 9,103 Total Times Cast 10,609 / 13,058 81.25% Precincts Reported: 6 of 6 (100.00%) Gavilan Joint Community College District, Trustee Area #4, Governing Board (Vote for 1) 12/1/2020 5:05:13 PMPage: 6 of 34 Exhibit A Candidate Party Total BOB LIVENGOOD 24,896 58.78% RUDY NASOL 17,458 41.22% Write-in 0 0.00% Total Votes 42,354 Total Times Cast 53,618 / 64,477 83.16% Precincts Reported: 28 of 28 (100.00%) San Jose-Evergreen Community College District, Trustee Area #1, Governing Board (Vote for 1) Candidate Party Total OMAR TORRES 15,567 47.52% AIMÉE ESCOBAR 6,746 20.59% ALICIA "ALI" VICTORIA SAPIRMAN 6,592 20.12% JOSEPH SCOTTE HEADY- PEREZ 3,851 11.76% Write-in 0 0.00% Total Votes 32,756 Total Times Cast 41,302 / 54,957 75.15% Precincts Reported: 31 of 31 (100.00%) San Jose-Evergreen Community College District, Trustee Area #7, Governing Board (Vote for 1) Candidate Party Total KARL WATANABE 10,297 51.66% PETER KUO 9,634 48.34% Write-in 0 0.00% Total Votes 19,931 Total Times Cast 25,815 / 31,083 83.05% Precincts Reported: 15 of 15 (100.00%) West Valley-Mission Community College District, Trustee Area #1, Governing Board (Vote for 1) 12/1/2020 5:05:13 PMPage: 7 of 34 Exhibit A Candidate Party Total ROBERT T. OWENS 13,457 68.78% NICHOLAS SONG STAMPOLIS 6,109 31.22% Write-in 0 0.00% Total Votes 19,566 Total Times Cast 25,710 / 30,348 84.72% Precincts Reported: 16 of 16 (100.00%) West Valley-Mission Community College District, Trustee Area #2, Governing Board (Vote for 1) Candidate Party Total MARK W. GOOD 3,033 65.09% NIRZA STARKS 1,627 34.91% Write-in 0 0.00% Total Votes 4,660 Total Times Cast 5,670 / 6,522 86.94% Precincts Reported: 9 of 9 (100.00%) Gilroy Unified School District, Governing Board, Trustee Area 2 (Vote for 1) Candidate Party Total MELISSA NICHOLSON AGUIRRE 1,952 68.56% BC DOYLE 895 31.44% Write-in 0 0.00% Total Votes 2,847 Total Times Cast 3,391 / 4,210 80.55% Precincts Reported: 4 of 4 (100.00%) Gilroy Unified School District, Governing Board, Trustee Area 6 (Vote for 1) Candidate Party Total MICHELLE NELSON 3,194 64.54% JONATHAN HURTADO 1,120 22.63% KEVIN MOLLER 635 12.83% Write-in 0 0.00% Total Votes 4,949 Total Times Cast 5,667 / 6,542 86.62% Precincts Reported: 4 of 4 (100.00%) Gilroy Unified School District, Governing Board, Trustee Area 3, Short Term (Vote for 1) 12/1/2020 5:05:13 PMPage: 8 of 34 Exhibit A Candidate Party Total IVAN ROSALES MONTES 2,809 61.57% PAM G. TORRISI 1,753 38.43% Write-in 0 0.00% Total Votes 4,562 Total Times Cast 5,656 / 6,536 86.54% Precincts Reported: 10 of 10 (100.00%) Morgan Hill Unified School District, Trustee Area 5, Governing Board (Vote for 1) Candidate Party Total JENNIFER DIBRIENZA 20,584 24.34% JESSE FLETCHER LADOMIRAK 17,720 20.96% TODD COLLINS 14,373 17.00% KATIE CAUSEY 12,560 14.85% KARNA NISEWANER 11,547 13.66% MATTHEW NAGLE 7,772 9.19% Write-in 0 0.00% Total Votes 84,556 Total Times Cast 43,600 / 49,670 87.78% Precincts Reported: 18 of 18 (100.00%) Palo Alto Unified School District, Governing Board (Vote for 3) Candidate Party Total TERESA CASTELLANOS 10,545 79.69% ANTHONY MACÍAS 2,687 20.31% Write-in 0 0.00% Total Votes 13,232 Total Times Cast 16,334 / 21,606 75.60% Precincts Reported: 8 of 8 (100.00%) San Jose Unified School District, Trustee Area #1, Governing Board (Vote for 1) 12/1/2020 5:05:13 PMPage: 9 of 34 Exhibit A Candidate Party Total CARLA DRINA COLLINS 7,690 35.46% TOMARA HALL 6,027 27.79% KRISTEN BROWN 4,754 21.92% CAROL MYERS 3,215 14.83% Write-in 0 0.00% Total Votes 21,686 Total Times Cast 27,519 / 31,925 86.20% Precincts Reported: 18 of 18 (100.00%) San Jose Unified School District, Trustee Area #3, Governing Board (Vote for 1) Candidate Party Total BONNIE LIEBERMAN 28,797 41.36% ALBERT GONZALEZ 27,009 38.79% MARK RICHARDSON 13,818 19.85% Write-in 0 0.00% Total Votes 69,624 Total Times Cast 62,651 / 74,425 84.18% Precincts Reported: 38 of 38 (100.00%) Santa Clara Unified School District, Trustee Area #2, Governing Board (Vote for 2) Candidate Party Total MICHELE RYAN 25,810 53.50% ANDREW KNAACK 22,437 46.50% Write-in 0 0.00% Total Votes 48,247 Total Times Cast 62,651 / 74,425 84.18% Precincts Reported: 38 of 38 (100.00%) Santa Clara Unified School District, Trustee Area #3, Governing Board (Vote for 1) Candidate Party Total LINDA GOYTIA 11,205 65.61% BASIL SALEH 5,873 34.39% Write-in 0 0.00% Total Votes 17,078 Total Times Cast 21,451 / 25,292 84.81% Precincts Reported: 23 of 23 (100.00%) Campbell Union High School District, Governing Board, Trustee Area 4 (Vote for 1) 12/1/2020 5:05:13 PMPage: 10 of 34 Exhibit A Candidate Party Total PATTIE CORTESE 96,334 34.40% BRYAN DO 68,125 24.33% PATRÍCIA MARTÍNEZ-ROACH 64,143 22.90% CHRYSTINE VILLARREAL 51,458 18.37% Write-in 0 0.00% Total Votes 280,060 Total Times Cast 227,154 / 279,530 81.26% Precincts Reported: 147 of 147 (100.00%) East Side Union High School District, Governing Board (Vote for 2) Candidate Party Total SANJAY DAVE 25,650 34.96% PHIL FAILLACE 24,562 33.47% LAURA TEKSLER 23,168 31.57% Write-in 0 0.00% Total Votes 73,380 Total Times Cast 57,647 / 64,772 89.00% Precincts Reported: 26 of 26 (100.00%) Mountain View-Los Altos Union High School District, Governing Board (Vote for 2) Candidate Party Total CORINA HERRERA-LOERA 18,431 37.07% SCOTT HUNG PHAM 8,959 18.02% BRENDA PINAL ZENDEJAS 8,735 17.57% DOLORES MARQUEZ 7,360 14.80% JOE CORONA 6,238 12.55% Write-in 0 0.00% Total Votes 49,723 Total Times Cast 38,491 / 50,234 76.62% Precincts Reported: 29 of 29 (100.00%) Alum Rock Union School District, Governing Board (Vote for 2) 12/1/2020 5:05:13 PMPage: 11 of 34 Exhibit A Candidate Party Total KHOA NGUYEN 22,718 55.01% JAI SRINIVASAN 10,138 24.55% RICHARD I. CLASPILL 8,444 20.45% Write-in 0 0.00% Total Votes 41,300 Total Times Cast 37,296 / 44,634 83.56% Precincts Reported: 25 of 25 (100.00%) Berryessa Union School District, Governing Board (Vote for 2) Candidate Party Total SYLVIA LEONG 34,712 37.86% PHYLLIS VOGEL 24,466 26.69% SUDHA KASAMSETTY 22,139 24.15% WILLIAM FLUEWELLING 10,360 11.30% Write-in 0 0.00% Total Votes 91,677 Total Times Cast 69,140 / 78,340 88.26% Precincts Reported: 46 of 46 (100.00%) Cupertino Union School District, Governing Board (Vote for 2) Candidate Party Total LEILA WELCH 24,505 38.38% PATTI ANDRADE 14,703 23.03% MADAN BELLAM 13,262 20.77% TOM HUFF 11,381 17.82% Write-in 0 0.00% Total Votes 63,851 Total Times Cast 50,762 / 60,295 84.19% Precincts Reported: 22 of 22 (100.00%) Evergreen School District, Governing Board (Vote for 2) 12/1/2020 5:05:13 PMPage: 12 of 34 Exhibit A Candidate Party Total ALEXANDRA HALL 307 34.69% ERIN ASHEGHIAN 305 34.46% STACY KISSNER 273 30.85% Write-in 0 0.00% Total Votes 885 Total Times Cast 676 / 758 89.18% Precincts Reported: 5 of 5 (100.00%) Loma Prieta Joint Union School District, Governing Board (Vote for 2) Candidate Party Total JEAN TSENG 720 42.50% MICHAEL ROWE 542 32.00% MARK S. LEMUCCHI 432 25.50% Write-in 0 0.00% Total Votes 1,694 Total Times Cast 1,528 / 1,942 78.68% Precincts Reported: 3 of 3 (100.00%) Luther Burbank School District, Governing Board, Full Term (Vote for 2) Candidate Party Total JESUS OMAR SALAZAR 872 74.72% ANTONIO PEREZ 295 25.28% Write-in 0 0.00% Total Votes 1,167 Total Times Cast 1,528 / 1,942 78.68% Precincts Reported: 3 of 3 (100.00%) Luther Burbank School District, Governing Board, Short Term (Vote for 1) Candidate Party Total SHELLY HONG 2,142 55.28% JULIE REYNOLDS-GRABBE 1,733 44.72% Write-in 0 0.00% Total Votes 3,875 Total Times Cast 4,665 / 5,398 86.42% Precincts Reported: 2 of 2 (100.00%) Moreland School District, Governing Board, Trustee Area 1 (Vote for 1) 12/1/2020 5:05:13 PMPage: 13 of 34 Exhibit A Candidate Party Total LAURA RAMIREZ BERMAN 17,454 30.69% LAURA BLAKELY 13,448 23.65% CHRISTOPHER KENT CHIANG 13,433 23.62% PATRICK NESCHLEBA 7,959 14.00% MANNY VELASCO 4,571 8.04% Write-in 0 0.00% Total Votes 56,865 Total Times Cast 30,816 / 35,220 87.50% Precincts Reported: 11 of 11 (100.00%) Mountain View Whisman School District, Governing Board (Vote for 3) Candidate Party Total MELISSA GOT-LOPEZ 4,046 35.84% DEREK GRASTY 2,797 24.78% ANTONIO PEREZ, JR. 2,367 20.97% WENDY NICHOLS 2,078 18.41% Write-in 0 0.00% Total Votes 11,288 Total Times Cast 9,199 / 11,512 79.91% Precincts Reported: 13 of 13 (100.00%) Mount Pleasant School District, Governing Board (Vote for 2) Candidate Party Total BEIJA GONZALEZ 3,634 48.73% ALLIE HUGHES 2,422 32.48% TIM TOM 1,401 18.79% Write-in 0 0.00% Total Votes 7,457 Total Times Cast 9,339 / 11,336 82.38% Precincts Reported: 6 of 6 (100.00%) Oak Grove School District, Trustee Area #1, Governing Board (Vote for 1) 12/1/2020 5:05:13 PMPage: 14 of 34 Exhibit A Candidate Party Total CARLA HERNANDEZ 6,527 74.00% JOHN MACKEY 2,293 26.00% Write-in 0 0.00% Total Votes 8,820 Total Times Cast 11,053 / 12,645 87.41% Precincts Reported: 7 of 7 (100.00%) Oak Grove School District, Trustee Area #4, Governing Board (Vote for 1) Candidate Party Total KARL RAYMOND JACOBSON 1,984 30.29% DIANA NAZARI 1,729 26.40% KATHERINE KASOLAS 1,431 21.85% JOSEPH ZANONE 1,406 21.47% Write-in 0 0.00% Total Votes 6,550 Total Times Cast 5,877 / 7,231 81.28% Precincts Reported: 7 of 7 (100.00%) Orchard School District, Governing Board (Vote for 2) Candidate Party Total MELISSA STANIS 4,664 25.04% SCOTT ADLER 4,207 22.59% SUNITA VERMA 4,031 21.64% AZADEH H. WEBER 3,062 16.44% CECILE V. COHEN- JONATHAN 2,660 14.28% Write-in 0 0.00% Total Votes 18,624 Total Times Cast 13,840 / 15,460 89.52% Precincts Reported: 22 of 22 (100.00%) Saratoga Union School District, Governing Board (Vote for 2) 12/1/2020 5:05:13 PMPage: 15 of 34 Exhibit A Candidate Party Total OTTO LEE 85,663 60.49% KANSEN CHU 55,946 39.51% Write-in 0 0.00% Total Votes 141,609 Total Times Cast 172,077 / 205,127 83.89% Precincts Reported: 119 of 119 (100.00%) County Supervisor, District 3 (Vote for 1) Candidate Party Total SUSAN M. LANDRY 1,380 40.20% ANNE SOUZA 1,175 34.23% TERRY HINES 878 25.58% Write-in 0 0.00% Total Votes 3,433 Total Times Cast 3,964 / 4,627 85.67% Precincts Reported: 3 of 3 (100.00%) City of Campbell, Council Member, District 1 (Vote for 1) Candidate Party Total SERGIO LOPEZ 2,264 52.66% CAROL HOFFMAN 2,035 47.34% Write-in 0 0.00% Total Votes 4,299 Total Times Cast 4,945 / 5,620 87.99% Precincts Reported: 3 of 3 (100.00%) City of Campbell, Council Member, District 2 (Vote for 1) Candidate Party Total HUNG WEI 11,513 25.69% KITTY MOORE 10,893 24.30% STEVEN SCHARF 9,567 21.35% JOSEPH "J.R." FRUEN 9,534 21.27% CHARLENE SHULIEN LEE 3,312 7.39% Write-in 0 0.00% Total Votes 44,819 Total Times Cast 29,166 / 33,233 87.76% Precincts Reported: 16 of 16 (100.00%) City of Cupertino, Council Member (Vote for 2) 12/1/2020 5:05:13 PMPage: 16 of 34 Exhibit A Candidate Party Total MARIE BLANKLEY 16,046 68.86% REID LERNER 7,256 31.14% Write-in 0 0.00% Total Votes 23,302 Total Times Cast 25,432 / 30,693 82.86% Precincts Reported: 16 of 16 (100.00%) City of Gilroy, Mayor (Vote for 1) Candidate Party Total ZACH HILTON 12,814 25.17% FRED M. TOVAR 11,808 23.19% REBECA ARMENDARIZ 10,375 20.38% CAROL MARQUES 8,372 16.44% DANNY MITCHELL 7,543 14.82% Write-in 0 0.00% Total Votes 50,912 Total Times Cast 25,432 / 30,693 82.86% Precincts Reported: 16 of 16 (100.00%) City of Gilroy, Council Member (Vote for 3) Candidate Party Total SALLY MEADOWS 9,630 21.01% LYNETTE LEE ENG 9,042 19.73% JONATHAN D. WEINBERG 8,139 17.76% KULJEET KALKAT 7,800 17.02% SCOTT SPIELMAN 5,997 13.08% TERRI COUTURE 3,976 8.68% ALEX RUBASHEVSKY 1,248 2.72% Write-in 0 0.00% Total Votes 45,832 Total Times Cast 20,020 / 22,101 90.58% Precincts Reported: 9 of 9 (100.00%) City of Los Altos, Council Member (Vote for 3) 12/1/2020 5:05:13 PMPage: 17 of 34 Exhibit A Candidate Party Total LINDA G. SWAN 2,617 20.76% STANLEY Q. MOK 2,532 20.09% LISA H. SCHMIDT 2,495 19.79% JAY T. SUTARIA 2,494 19.79% RAJ REDDY 2,467 19.57% Write-in 0 0.00% Total Votes 12,605 Total Times Cast 5,922 / 6,528 90.72% Precincts Reported: 6 of 6 (100.00%) Town of Los Altos Hills, Council Member (Vote for 3) Candidate Party Total MARIA RISTOW 7,244 25.06% MATTHEW HUDES 6,887 23.82% HEIDI OWENS 6,402 22.15% D. MICHAEL KANE 5,164 17.86% LARRY MAGGIO 3,211 11.11% Write-in 0 0.00% Total Votes 28,908 Total Times Cast 20,130 / 22,607 89.04% Precincts Reported: 12 of 12 (100.00%) Town of Los Gatos, Council Member, Full Term (Vote for 2) Candidate Party Total MARY BADAME 10,221 68.04% ROB STEPHENSON 4,800 31.96% Write-in 0 0.00% Total Votes 15,021 Total Times Cast 20,130 / 22,607 89.04% Precincts Reported: 12 of 12 (100.00%) Town of Los Gatos, Council Member, Short Term (Vote for 1) 12/1/2020 5:05:13 PMPage: 18 of 34 Exhibit A Candidate Party Total RICH TRAN 19,144 68.50% VOLTAIRE S. MONTEMAYOR 4,699 16.81% PETE "PRIMO" MCHUGH 4,103 14.68% Write-in 0 0.00% Total Votes 27,946 Total Times Cast 30,595 / 36,665 83.44% Precincts Reported: 10 of 10 (100.00%) City of Milpitas, Mayor (Vote for 1) Candidate Party Total ANTHONY PHAN 9,224 19.69% EVELYN CHUA 8,762 18.70% BOB NUÑEZ 7,576 16.17% TIFFANY VUONG 7,295 15.57% JULIAN JOSE NOOL HILARIO, JR. 5,626 12.01% SURAJ "SUN" VISWANATHAN 5,538 11.82% ROBERT MARINI 2,528 5.40% Write-in 299 0.64% Total Votes 46,848 Total DEMETRESS MORRIS WRITE-IN 299 0.64% Total Times Cast 30,595 / 36,665 83.44% Precincts Reported: 10 of 10 (100.00%) City of Milpitas, Council Member (Vote for 2) Candidate Party Total ROWENA TURNER 1,138 31.89% BRYAN MEKECHUK 1,016 28.47% BURTON CRAIG 969 27.15% DANIEL LABOUVE 446 12.50% Write-in 0 0.00% Total Votes 3,569 Total Times Cast 2,493 / 2,735 91.15% Precincts Reported: 4 of 4 (100.00%) City of Monte Sereno, Council Member (Vote for 2) 12/1/2020 5:05:13 PMPage: 19 of 34 Exhibit A Candidate Party Total RICH CONSTANTINE 16,753 90.08% Write-in 1,845 9.92% Total Votes 18,598 Total STEVE CHAPPELL WRITE-IN 1,845 9.92% Total Times Cast 24,416 / 28,009 87.17% Precincts Reported: 11 of 11 (100.00%) City of Morgan Hill, Mayor (Vote for 1) Candidate Party Total GINO BORGIOLI 2,082 41.75% LARRY CARR 1,721 34.51% JULIE D. RAIA 1,184 23.74% Write-in 0 0.00% Total Votes 4,987 Total Times Cast 5,595 / 6,446 86.80% Precincts Reported: 3 of 3 (100.00%) City of Morgan Hill, Council Member, District A (Vote for 1) Candidate Party Total RENE ANGELO SPRING 3,159 68.70% JUAN MIGUEL MUNOZ- MORRIS 1,439 31.30% Write-in 0 0.00% Total Votes 4,598 Total Times Cast 5,494 / 6,431 85.43% Precincts Reported: 3 of 3 (100.00%) City of Morgan Hill, Council Member, District C (Vote for 1) 12/1/2020 5:05:13 PMPage: 20 of 34 Exhibit A Candidate Party Total MARGARET ABE-KOGA 17,125 16.67% SALLY J. LIEBER 14,276 13.90% LISA MATICHAK 12,955 12.61% PAT SHOWALTER 12,060 11.74% ALEX NÚÑEZ 12,002 11.68% JOSÉ GUTIÉRREZ 10,185 9.91% LEONARD "LENNY" SIEGEL 9,972 9.71% JOHN LASHLEE 7,696 7.49% PAUL ROALES 6,460 6.29% Write-in 0 0.00% Total Votes 102,731 Total Times Cast 35,317 / 40,380 87.46% Precincts Reported: 11 of 11 (100.00%) City of Mountain View, Council Member (Vote for 4) Candidate Party Total PATRICK BURT 14,353 13.35% LYDIA KOU 13,424 12.49% GREG LIN TANAKA 12,920 12.02% GREER STONE 12,005 11.17% ED LAUING 11,163 10.38% RAVEN MALONE 10,804 10.05% STEVEN LEE 10,299 9.58% CAROLYN TEMPLETON 9,912 9.22% REBECCA EISENBERG 7,793 7.25% AJIT VARMA 4,845 4.51% Write-in 0 0.00% Total Votes 107,518 Total Times Cast 38,081 / 43,015 88.53% Precincts Reported: 16 of 16 (100.00%) City of Palo Alto, Council Member (Vote for 4) Candidate Party Total DAVID COHEN 20,030 51.33% LAN DIEP 18,993 48.67% Write-in 0 0.00% Total Votes 39,023 Total Times Cast 44,951 / 54,450 82.55% Precincts Reported: 21 of 21 (100.00%) City of San Jose, District Council Member, # 4 (Vote for 1) 12/1/2020 5:05:13 PMPage: 21 of 34 Exhibit A Candidate Party Total DEVORA "DEV" DAVIS 24,340 53.87% JAKE TONKEL 20,840 46.13% Write-in 0 0.00% Total Votes 45,180 Total Times Cast 50,519 / 58,990 85.64% Precincts Reported: 46 of 46 (100.00%) City of San Jose, District Council Member, # 6 (Vote for 1) Candidate Party Total KATHY WATANABE 3,121 53.52% HARBIR K. BHATIA 2,710 46.48% Write-in 0 0.00% Total Votes 5,831 Total Times Cast 6,633 / 7,868 84.30% Precincts Reported: 2 of 2 (100.00%) City of Santa Clara, Member, City Council, District 1 (Vote for 1) Candidate Party Total KEVIN NARA PARK 3,873 57.24% TERESA O'NEILL 2,893 42.76% Write-in 0 0.00% Total Votes 6,766 Total Times Cast 7,936 / 9,469 83.81% Precincts Reported: 4 of 4 (100.00%) City of Santa Clara, Member, City Council, District 4 (Vote for 1) Candidate Party Total SUDS JAIN 4,335 60.61% BOB O'KEEFE 2,817 39.39% Write-in 0 0.00% Total Votes 7,152 Total Times Cast 8,049 / 9,610 83.76% Precincts Reported: 6 of 6 (100.00%) City of Santa Clara, Member, City Council, District 5 (Vote for 1) 12/1/2020 5:05:13 PMPage: 22 of 34 Exhibit A Candidate Party Total ANTHONY J. BECKER 3,452 40.20% ROBERT L. MEZZETTI, II 3,157 36.76% GAUTAM "GARY" BARVE 1,979 23.04% Write-in 0 0.00% Total Votes 8,588 Total Times Cast 10,150 / 11,747 86.41% Precincts Reported: 8 of 8 (100.00%) City of Santa Clara, Member, City Council, District 6 (Vote for 1) Candidate Party Total HOSAM HAGGAG 33,548 100.00% Write-in 0 0.00% Total Votes 33,548 Total Times Cast 49,286 / 58,593 84.12% Precincts Reported: 30 of 30 (100.00%) City of Santa Clara, City Clerk (Vote for 1) Candidate Party Total PAT NIKOLAI 33,880 100.00% Write-in 0 0.00% Total Votes 33,880 Total Times Cast 49,286 / 58,593 84.12% Precincts Reported: 30 of 30 (100.00%) City of Santa Clara, Chief of Police (Vote for 1) Candidate Party Total TINA WALIA 7,181 23.88% KOOKIE FITZSIMMONS 5,694 18.94% RENEE PAQUIER 4,546 15.12% BELAL AFTAB 4,525 15.05% DOUG CASE 4,131 13.74% JOHN FITZPATRICK 3,992 13.28% Write-in 0 0.00% Total Votes 30,069 Total Times Cast 20,404 / 22,885 89.16% Precincts Reported: 16 of 16 (100.00%) City of Saratoga, Council Member (Vote for 2) 12/1/2020 5:05:13 PMPage: 23 of 34 Exhibit A Candidate Party Total LARRY KLEIN 18,438 36.05% NANCY SMITH 17,240 33.71% MICHAEL S. GOLDMAN 15,461 30.23% Write-in 0 0.00% Total Votes 51,139 Total Times Cast 59,403 / 69,204 85.84% Precincts Reported: 44 of 44 (100.00%) City of Sunnyvale, Mayor (Vote for 1) Candidate Party Total ALYSA CISNEROS 4,242 53.66% JOSH GROSSMAN 2,596 32.84% HINA SIDDIQUI 1,067 13.50% Write-in 0 0.00% Total Votes 7,905 Total Times Cast 9,605 / 11,166 86.02% Precincts Reported: 6 of 6 (100.00%) City of Sunnyvale, Council Member, District 2 (Vote for 1) Candidate Party Total RUSS MELTON 5,670 71.26% PAUL JOSEPH LESEVIC- CAMPOS 2,287 28.74% Write-in 0 0.00% Total Votes 7,957 Total Times Cast 9,861 / 11,544 85.42% Precincts Reported: 6 of 6 (100.00%) City of Sunnyvale, Council Member, District 4 (Vote for 1) Candidate Party Total OMAR DIN 3,473 42.91% CHARLOTTE THORNTON 2,653 32.78% LEIA MEHLMAN 1,967 24.30% Write-in 0 0.00% Total Votes 8,093 Total Times Cast 10,174 / 12,194 83.43% Precincts Reported: 7 of 7 (100.00%) City of Sunnyvale, Council Member, District 6 (Vote for 1) 12/1/2020 5:05:13 PMPage: 24 of 34 Exhibit A Candidate Party Total ANGELA CHEN 16,740 34.66% WILLIAM A. "BILL" BOSWORTH 11,731 24.29% JOHN M. GATTO 11,164 23.12% JOYCE STANFORD 8,658 17.93% Write-in 0 0.00% Total Votes 48,293 Total Times Cast 31,178 / 35,477 87.88% Precincts Reported: 25 of 25 (100.00%) Cupertino Sanitary, Director (Vote for 3) Candidate Party Total CAROL ANN SOMERSILLE 38,718 21.23% JOHN ZOGLIN 38,520 21.12% JULIA E. MILLER 38,454 21.09% JANE CHEN LOMBARD 34,538 18.94% MEGHAN FRALEY 32,133 17.62% Write-in 0 0.00% Total Votes 182,363 Total Times Cast 101,338 / 115,831 87.49% Precincts Reported: 53 of 53 (100.00%) El Camino Healthcare, Director (Vote for 3) Candidate Party Total JED CYR 21,436 69.30% ED RIFFLE 9,495 30.70% Write-in 0 0.00% Total Votes 30,931 Total Times Cast 42,089 / 49,557 84.93% Precincts Reported: 31 of 31 (100.00%) Midpeninsula Open Space, Ward 3, Director (Vote for 1) 12/1/2020 5:05:13 PMPage: 25 of 34 Exhibit A Candidate Party Total ALEX KENNETT 44,810 55.04% ROBERT HOWELL 36,598 44.96% Write-in 0 0.00% Total Votes 81,408 Total Times Cast 104,854 / 120,693 86.88% Precincts Reported: 115 of 115 (100.00%) Santa Clara Valley Open Space Authority, District 1, Director (Vote for 1) Candidate Party Total DORSEY MOORE 48,517 72.75% JANIS JOYCE HALL 18,169 27.25% Write-in 0 0.00% Total Votes 66,686 Total Times Cast 91,239 / 105,615 86.39% Precincts Reported: 60 of 60 (100.00%) Santa Clara Valley Open Space Authority, District 4, Director (Vote for 1) Candidate Party Total Yes 455,169 56.01% No 357,516 43.99% Total Votes 812,685 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 14 - Initiative Statute - Stem Cell Research Bonds (Vote for 1) Candidate Party Total Yes 459,613 55.59% No 367,231 44.41% Total Votes 826,844 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 15 - Constitutional Amendment - Public School Funding (Vote for 1) 12/1/2020 5:05:13 PMPage: 26 of 34 Exhibit A Candidate Party Total No 430,002 52.67% Yes 386,465 47.33% Total Votes 816,467 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 16 - Constitutional Amendment - Diversity Policies (Vote for 1) Candidate Party Total Yes 531,219 64.47% No 292,760 35.53% Total Votes 823,979 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 17 - Constitutional Amendment - Voting Rights After Prison Term (Vote for 1) Candidate Party Total No 427,521 51.84% Yes 397,144 48.16% Total Votes 824,665 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 18 - Constitutional Amendment - Voting Rights Eligibility (Vote for 1) Candidate Party Total Yes 448,213 55.62% No 357,674 44.38% Total Votes 805,887 Total Times Cast 860,608 / 1,019,309 84.43% Precincts Reported: 596 of 596 (100.00%) State Proposition 19 - Constitutional Amendment - Property Tax Rules (Vote for 1) 12/1/2020 5:05:13 PMPage: 27 of 34 Exhibit A Candidate Party Total No 512,943 63.66% Yes 292,832 36.34% Total Votes 805,775 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 20 - Initiative Statute - Parole Restriction (Vote for 1) Candidate Party Total No 463,985 57.00% Yes 350,065 43.00% Total Votes 814,050 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 21 - Initiative Statute - Rent Control (Vote for 1) Candidate Party Total Yes 437,271 53.16% No 385,247 46.84% Total Votes 822,518 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 22 - Initiative Statute - Delivery Companies Employee Benefits (Vote for 1) Candidate Party Total No 491,885 60.65% Yes 319,139 39.35% Total Votes 811,024 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 23 - Initiative Statute - Dialysis Treatment (Vote for 1) 12/1/2020 5:05:13 PMPage: 28 of 34 Exhibit A Candidate Party Total Yes 475,444 58.66% No 335,079 41.34% Total Votes 810,523 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 24 - Initiative Statute - Consumer Privacy Law Amendment (Vote for 1) Candidate Party Total Yes 422,364 52.58% No 380,969 47.42% Total Votes 803,333 Total Times Cast 860,486 / 1,019,309 84.42% Precincts Reported: 596 of 596 (100.00%) State Proposition 25 - Referendum - Money Bail System Replacement (Vote for 1) Candidate Party Total Yes 9,452 56.63% No 7,238 43.37% Total Votes 16,690 Total Times Cast 20,121 / 22,607 89.00% Precincts Reported: 12 of 12 (100.00%) Measure A - Town of Los Gatos, Finance Commission (Vote for 1) Candidate Party Total Yes 14,561 82.41% No 3,107 17.59% Total Votes 17,668 Total Times Cast 20,121 / 22,607 89.00% Precincts Reported: 12 of 12 (100.00%) Measure B - Town of Los Gatos, Term Limits (Vote for 1) 12/1/2020 5:05:13 PMPage: 29 of 34 Exhibit A Candidate Party Total Yes 18,455 56.59% No 14,159 43.41% Total Votes 32,614 Total Times Cast 35,328 / 40,380 87.49% Precincts Reported: 11 of 11 (100.00%) Measure C - City of Mountain View, Municipal Code Amendment (Vote for 1) Candidate Party Total Yes 33,183 73.57% No 11,923 26.43% Total Votes 45,106 Total Times Cast 49,283 / 58,593 84.11% Precincts Reported: 30 of 30 (100.00%) Measure E - City of Santa Clara, Transient Occupancy Tax (Vote for 1) Candidate Party Total Yes 17,041 60.36% No 11,192 39.64% Total Votes 28,233 Total Times Cast 30,576 / 36,665 83.39% Precincts Reported: 10 of 10 (100.00%) Measure F - City of Milpitas, Use Tax (Vote for 1) Candidate Party Total Yes 302,315 77.25% No 89,056 22.75% Total Votes 391,371 Total Times Cast 437,432 / 529,599 82.60% Precincts Reported: 268 of 268 (100.00%) Measure G - City of San Jose, Charter Amendment (Vote for 1) 12/1/2020 5:05:13 PMPage: 30 of 34 Exhibit A Candidate Party Total Yes 285,756 72.63% No 107,682 27.37% Total Votes 393,438 Total Times Cast 437,432 / 529,599 82.60% Precincts Reported: 268 of 268 (100.00%) Measure H - City of San Jose, Cardroom Tax (Vote for 1) Candidate Party Total Yes 210,213 61.82% No 129,847 38.18% Total Votes 340,060 Total Times Cast 382,097 / 466,161 81.97% Precincts Reported: 248 of 248 (100.00%) Measure I - San Jose - Evergreen Community College District, Parcel Tax (Vote for 1) Candidate Party Total Bonds Yes 179,139 53.09% Bonds No 158,283 46.91% Total Votes 337,422 Total Times Cast 382,097 / 466,161 81.97% Precincts Reported: 248 of 248 (100.00%) Measure J - San Jose - Evergreen Community College District, School Bonds (Vote for 1) Candidate Party Total Yes 22,012 70.61% No 9,164 29.39% Total Votes 31,176 Total Times Cast 33,476 / 43,421 77.10% Precincts Reported: 19 of 19 (100.00%) Measure K - Franklin-McKinley School District, Parcel Tax (Vote for 1) 12/1/2020 5:05:13 PMPage: 31 of 34 Exhibit A Candidate Party Total Yes 63,722 61.82% No 39,359 38.18% Total Votes 103,081 Total Times Cast 110,956 / 128,839 86.12% Precincts Reported: 82 of 82 (100.00%) Measure L - Campbell Union High School District, Parcel Tax (Vote for 1) Candidate Party Total Yes 69,991 73.67% No 25,013 26.33% Total Votes 95,004 Total Times Cast 103,000 / 118,631 86.82% Precincts Reported: 72 of 72 (100.00%) Measure M - Fremont Union High School District, Parcel Tax (Vote for 1) Candidate Party Total Yes 455 70.54% No 190 29.46% Total Votes 645 Total Times Cast 675 / 758 89.05% Precincts Reported: 5 of 5 (100.00%) Measure N - Loma Prieta Joint Union School District, Parcel Tax (Vote for 1) Candidate Party Total Yes 31,194 77.44% No 9,088 22.56% Total Votes 40,282 Total Times Cast 43,343 / 49,670 87.26% Precincts Reported: 18 of 18 (100.00%) Measure O - Palo Alto Unified School District, Parcel Tax (Vote for 1) 12/1/2020 5:05:13 PMPage: 32 of 34 Exhibit A Candidate Party Total Bonds Yes 26,413 56.20% Bonds No 20,588 43.80% Total Votes 47,001 Total Times Cast 50,485 / 60,295 83.73% Precincts Reported: 22 of 22 (100.00%) Measure P - Evergreen Elementary School District, School Bonds (Vote for 1) Candidate Party Total Bonds Yes 5,621 65.73% Bonds No 2,931 34.27% Total Votes 8,552 Total Times Cast 9,145 / 11,512 79.44% Precincts Reported: 13 of 13 (100.00%) Measure Q - Mount Pleasant Elementary School District, School Bonds (Vote for 1) Candidate Party Total Bonds Yes 9,235 61.17% Bonds No 5,862 38.83% Total Votes 15,097 Total Times Cast 16,257 / 18,577 87.51% Precincts Reported: 18 of 18 (100.00%) Measure R - Cambrian School District, School Bonds (Vote for 1) Candidate Party Total Yes 609,100 75.06% No 202,399 24.94% Total Votes 811,499 Total Times Cast 859,179 / 1,019,309 84.29% Precincts Reported: 596 of 596 (100.00%) Measure S - Santa Clara Valley Water District, Parcel Tax (Vote for 1) 12/1/2020 5:05:13 PMPage: 33 of 34 Exhibit A Candidate Party Total Yes 455,032 81.35% No 104,288 18.65% Total Votes 559,320 Total Times Cast 593,361 / 714,396 83.06% Precincts Reported: 417 of 417 (100.00%) Measure T - Santa Clara Valley Open Space Authority, Parcel Tax (Vote for 1) Candidate Party Total Yes 528,238 66.13% No 270,494 33.87% Total Votes 798,732 Total Times Cast 859,179 / 1,019,309 84.29% Precincts Reported: 596 of 596 (100.00%) Measure RR - Peninsula Corridor Joint Powers Board Caltrain, Sales Tax (Vote for 1) 12/1/2020 5:05:13 PMPage: 34 of 34 Exhibit A Exhibit A Attachment 2 Resolutions/2020/20-__Appoint Ward 4 1 RESOLUTION NO. 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR – WARD 4 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director – Ward 4 of the Midpeninsula Regional Open Space District was scheduled to be held on November 3, 2020;[AR1] 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 to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Curt Riffle was unopposed as a candidate for Director – Ward 4. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, CURT RIFFLE Is appointed Director – Ward 4 of said District, is duly qualified for the office of Director – Ward 4 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 3, 2020 general district election for said office. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Board of Directors Karen Holman, President Board of Directors Attachment 2 Resolutions/2020/20-__Appoint Ward 4 2 APPROVED AS TO FORM: Hilary Stevenson, 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. Jennifer Woodworth, District Clerk Attachment 3 Resolutions/2020/20-__Appoint Ward 7 1 RESOLUTION NO. 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR – WARD 7 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director – Ward 7 of the Midpeninsula Regional Open Space District was scheduled to be held on November 3, 2020; 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 to be filled at that election; and WHEREAS, in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Zoe Kersteen-Tucker was unopposed as a candidate for Director – Ward 7. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, ZOE KERSTEEN-TUCKER is appointed Director – Ward 7 of said District, is duly qualified for the office of Director – Ward 7 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 3, 2020 general district election for said office. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Board of Directors Karen Holman, President Board of Directors Attachment 3 Resolutions/2020/20-__Appoint Ward 7 2 APPROVED AS TO FORM: Hilary Stevenson, 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. Jennifer Woodworth, District Clerk Rev. 1/3/18 R-20-143 Meeting 20-30 December 16, 2020 AGENDA ITEM 3 AGENDA ITEM Amendments to the Conflict of Interest Code GENERAL MANAGER’S RECOMMENDATION Adopt a resolution amending the Conflict of Interest Code to make minor updates to the list of positions required to file Form 700 (Statement of Economic Interests). SUMMARY State law requires all public agencies, including the Midpeninsula Regional Open Space District (District), to adopt a Conflict of Interest Code (Code) and update it biennially. The Code designates positions required to file Form 700 - Statement of Economic Interests, which is a public document intended to identify the staff members who are involved in making final decisions that bind the District. The District’s clerk, legal department, and human resources department have identified some minor updates to the list of positions in the District’s Code. DISCUSSION Pursuant to Government Code Section 87306.5, every two years the District is required to review its Conflict of Interest Code (Code) and submit a notice to the code-reviewing body, the California Fair Political Practices Commission (FPPC). The Code lists District employees who must file Form 700, in which they are required to disclose economic interests in certain entities that are engaged in business with the District. The list of designated positions contains employee classifications that are involved or participate in making decisions that may foreseeably have a material effect on personal financial interests, as set forth in Section 87302(a) of the Government Code. In other words, listed positions are those individuals who are involved in making final decisions that may bind the District. Amendments to the Code reflect an analysis of existing and new positions to identify employees who are making decisions for the District that would require them to disclose their financial interests within the meaning of FPPC regulations. The changes to the Code with respect to classifications listed below represent either reclassifications of existing positions, or minor changes to the exact name of the classification (see redline changes in Attachment 1). No position is new to the District. • Grants Program Manager (formerly Grants Specialist) • Interpretation and Education Program Manager (formerly Docent Program Manager) • Capital Projects Field Manager • Land and Facilities Services Manager R-20-143 Page 2 • Executive Assistant/Deputy District Clerk • Maintenance, Construction and Resource Supervisor • Procurement and Contracting Agent/Specialist • Management Analyst - Risk Management (formerly Risk Management Coordinator) In accordance with FPPC regulations, the District’s Notice of Intention to amend its Conflict of Interest Code was posted on October 13, 2020 and provided to employees. It has been available for at least 45 days prior to this meeting. A copy of the proposed amended Conflict of Interest Code is attached to this report. FISCAL IMPACT There are no unbudgeted fiscal impacts with this agenda item. BOARD COMMITTEE REVIEW A Board Committee did not previously review this item. PUBLIC NOTICE Notice of the public hearing and proposed amendments have been posted for the required 45 days prior to the December 16, 2020 Board meeting. CEQA COMPLIANCE This is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If approved by the Board, staff will transmit the proposed amendments to the District’s Conflict of Interest Code, with certification of the General Manager, to the FPPC for final review and approval. Once approved by the FPPC, staff will incorporate the amended Code into District policies, and notify all affected employees. Attachments: 1. Redline Changes to List of Designated Positions 2. Resolution Amending the Conflict of Interest Code Responsible Department Head: Hilary Stevenson, General Counsel Prepared by: Mazarin Vakharia, Assistant General Counsel Contact person: Mazarin Vakharia, Assistant General Counsel Jennifer Woodworth, District Clerk 2 CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX A- DESIGNATED POSITIONS Designated Positions Assigned Disclosure Categories Accountant 2 Area Manager 1, 2 Area Superintendent 1, 2 Assistant General Counsel (All Levels) 1, 2 Assistant General Manager 1, 2 Board Members 1, 2 Bond Oversight Committee Members 1, 2 Budget & Analysis Manager 3 Chief Financial Officer/Director of Administrative Services 1, 2 Capital Projects Field Project Manager 1, 2 Capital Project Manager (All Levels) 1, 2 District Clerk/Assistant to the General Manager 2 Docent Program Manager Interpretation & Education Program Manager 3 Engineering and Construction Manager 1, 2 Executive Assistant/Deputy District City Clerk 2 Finance Manager 2 Facilities Maintenance Supervisor 3 General Counsel 1, 2 General Manager 1, 2 GIS Program Administrator 1, 2 Governmental Affairs Specialist 2, 3 Grants SpecialistProgram Manager 3 Human Resources Manager 2 Human Resources Supervisor 2 Information Systems and Technology Manager 3 Information Technology Program Administrator 3 Land and Facilities Services Manager 2 Maintenance, Construction and Resources Resource Supervisor 2 Natural Resources Manager 3 Planner (All Levels) 1,2 Planning Manager 1,2 Procurement & Contracting Agent/Specialist 3 Property Management Specialist (All Levels) 1,2 Public Affairs Manager 1,2 Public Affairs Specialist (All Levels) 2 Real Property Manager 2 Real Property Specialist I & II(All Levels) 1, 2 Attachment 1 3 Resource Management Specialist (All Levels) 1, 2 Risk Management Coordinator Management Analyst-Risk Management 2 Senior Administrative Assistant 2 Senior Management Analyst 1, 2 Senior Real Property Agent [see Real Property Specialist All Levels] 1, 2 Supervising Ranger 1, 2 Training and Safety Specialist 2 Visitor Services Manager 3 Volunteer Program Manager 3 Consultants/New Positions * *Consultants and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The General Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.) The following positions are NOT covered by the conflict-of-interest code because they must file under Government Code Section 87200 and, therefore, are listed for informational purposes only: Controller An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200. Attachment 1 RESOLUTION 20-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CONFLICT OF INTEREST CODE WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (District) has adopted and maintained a Conflict of Interest Code pursuant to the Political Reform Act of 1974; and WHEREAS, Government Code Section 87306.5 requires a biennial review of the District’s Conflict of Interest Code; and WHEREAS, the District, in accordance with the California Fair Political Practices Commission Regulation 18750.1 (Title 2 California Code of Regulations Section 18750.1), has prepared code amendments, noticed affected staff members and the public of its intent to amend the code, and conducted a public hearing to consider the amendments. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to repeal Resolution No. 18-42 and adopt the amended Conflict of Interest Code attached hereto as Exhibit A and incorporated herein, to be effective on the thirtieth (30) day following approval of the District’s amended code by the Fair Political Practices Commission. * * * * * * * * * * * * * * * * * * * 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: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: Attachment 2 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 Attachment 2 CONFLICT-OF-INTEREST CODE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Midpeninsula Regional Open Space District (District). Individuals holding designated positions shall file their statements with the District, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) All statements will be retained by the District. Attachment 2 CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX A- DESIGNATED POSITIONS Designated Positions Assigned Disclosure Categories Accountant 2 Area Manager 1, 2 Area Superintendent 1, 2 Assistant General Counsel (All Levels) 1, 2 Assistant General Manager 1, 2 Board Members 1, 2 Bond Oversight Committee Members 1, 2 Budget & Analysis Manager 3 Capital Projects Field Manager 1, 2 Capital Project Manager (All Levels) 1, 2 Chief Financial Officer/Director of Administrative Services 1, 2 District Clerk/Assistant to the General Manager 2 Engineering and Construction Manager 1, 2 Executive Assistant/Deputy District Clerk 2 Facilities Maintenance Supervisor 3 Finance Manager 2 General Counsel 1, 2 General Manager 1, 2 GIS Program Administrator 1, 2 Governmental Affairs Specialist 2, 3 Grants Program Manager 3 Human Resources Manager 2 Human Resources Supervisor 2 Information Systems and Technology Manager 3 Information Technology Program Administrator 3 Interpretation & Education Program Manager 3 Land and Facilities Services Manager 2 Maintenance, Construction and Resource Supervisor 2 Management Analyst—Risk Manager 2 Natural Resources Manager 3 Planner (All Levels) 1,2 Planning Manager 1,2 Procurement & Contracting Agent/Specialist 3 Property Management Specialist (All Levels) 1,2 Public Affairs Manager 1,2 Public Affairs Specialist (All Levels) 2 Real Property Manager 2 Real Property Specialist (All Levels) 1, 2 Attachment 2 Resource Management Specialist (All Levels) 1, 2 Senior Administrative Assistant 2 Senior Management Analyst 1, 2 Supervising Ranger 1, 2 Training and Safety Specialist 2 Visitor Services Manager 3 Volunteer Program Manager 3 Consultants/New Positions * *Consultants and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The General Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.) The following positions are NOT covered by the conflict-of-interest code because they must file under Government Code Section 87200 and, therefore, are listed for informational purposes only: • Controller An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200. Attachment 2 CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX B-DISCLOSURE CATEGORIES Category 1 – Interests in real property are reportable interests if: The real property to which the interest pertains is located in whole or in part within the District’s boundaries or sphere of influence, or within two miles of the District’s boundaries or sphere of influence, or within two miles of any land owned by the District. (A residence used solely for personal purposes is not reportable pursuant to Gov. Code Section 87206.) Category 2 A. Income (including the receipt of gifts, loans, and travel payments), investments, and business positions: 1. In any business entity engaged in business within the District and which is of the type that has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance. 2. In any business entity that engages in the design, planning, engineering, construction, materials supply or project management of private or public construction projects with the District. 3. In any business entity that engages in the business of brokerage, acquisition, leasing, marketing or disposal of real property within the District. 4. In any business entity that engages in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluation of the physical condition of real property. Category 3 Investments and business positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type for which the employee’s division has purchasing authority. Attachment 2 Rev. 1/3/18 CONTINUED FROM THE DECEMBER 9, 2020 BOARD MEETING R-20-148 Meeting 20-30 December 16, 2020 AGENDA ITEM 4 AGENDA ITEM 50th Anniversary Celebration Preparations GENERAL MANAGER’S RECOMMENDATIONS Discuss approaches for and provide input on options for Board involvement and timely decisions as planning progresses, including options to guide staff with resource decisions, consideration of Board liaisons for planning key components, and mechanisms for public input and partner coordination, etc. SUMMARY In 2022, the Midpeninsula Regional Open Space District (Midpen) will celebrate 50 years of open space preservation, natural resource protection and ecologically sensitive public access. Plans are under development to commemorate the milestone with a year-long celebration of Midpen’s founding, evolution and accomplishments to connect constituents to the next 50 years of open space preservation, natural resource protection and ecologically sensitive public recreation. This item was previously discussed by the Legislative, Funding, and Public Affairs Committee (LFPAC) on November 17. The General Manager and LFPAC recommend that the Board of Directors (Board) review and provide input on the proposed celebratory priorities for the 50th anniversary and consider formation of an ad hoc committee to guide the event preparations. At the December 9, 2020 Board meeting, the Board voted to continue this item to December 16, 2020, to allow for a more robust discussion on the options for Board involvement in the planning and decision-making process. DISCUSSION Founded by voter passage of Measure R in 1972, the Midpeninsula Regional Open Space District will celebrate 50 years of accomplishments in 2022. To mark the occasion, staff has initiated planning for a series of events throughout the 2022 calendar year. This milestone anniversary provides an opportunity to celebrate the agency’s founding, evolution and accomplishments and look forward to the next 50 years. A key objective for sharing Midpen’s legacy story widely is to increase public awareness and positive regard for the agency, deepen a collective understanding of why open space is important, and engage and celebrate our diverse partners, volunteers, Board and staff for our collective accomplishments. See Attachment 1 for the proposed scope of priority elements to be included in the anniversary year celebration. The following are highlights of the anniversary celebration plan: R-20-148 Page 2 • ANNIVERSARY LOGO – to give a cohesive brand to celebration materials. • SCIENCE SYMPOSIUM – A science-themed symposium convened by Midpen could allow researchers, land managers, partners and the public to discuss the latest findings in natural resource management, such as wildlife connectivity, vegetation management, fire resilience, ecosystem protection, GIS mapping, Sudden Oak Death and more. Following the symposium, an inclusive anniversary gathering for diverse partners can serve as a capstone to the celebration with speakers, honorees or awards. • FILM/VIDEO – A professionally produced documentary on “The Preservation of Public Open Space” could help people understand the benefits and complexities of preserving and maintaining open space. Ideally, the full-length film could be featured on local broadcast television, though we will produce as separate segments of approximately 10 minutes to be used online and in other ways. • EXPANDED OUTREACH - Anniversary-themed outreach events and activities will be interspersed throughout the year as a foundational element of the public celebration. We will increase the amount of tabling we do throughout the District at community events and in preserves. Anniversary-themed docent-led hikes, a hike/visit challenge and partnership events, such as community rides, will be considered. • MEDIA SUPPORT – a cohesive plan for both earned and paid media to promote events and stories related to the 50th Anniversary, through advertising, briefings and news releases. The Board’s review of and input on the full suite of ideas being proposed will help staff properly scope, resource load and budget for a successful celebration of 50 years of accomplishments in open space preservation, natural resource protection and ecologically sensitive public access. In addition, the Board is asked to consider formation of an ad hoc committee to help provide timely guidance as part of the preparations. As this work proceeds, decisions will need to be made in quick fashion to ensure that all the preparations are completed on time and within budget. FISCAL IMPACT Budgeting will begin upon finalization of the scope. The FY21 budget includes $15,000 for anniversary planning. This initial funding is proposed to cover graphic design and approximately three months of professional service consultant fees for event planning and video production assistance. Initial ballpark budget expectations will be developed for the items outlined in Attachment 1. If a symposium and/or celebratory gathering is pursued, costs can be significantly offset by entrance fees and sponsorships. Actual budgets will be developed with consultant assistance as the scope evolves. BOARD COMMITTEE REVIEW This item was reviewed by the Legislative, Funding and Public Affairs Committee on November 17, 2020. The Committee suggested adding bus tours similar to those created for the Special Park District Forum in 2019 to allow partners to visit Midpen preserves and project. The scope document has been updated to show that this may potentially be accomplished by adding mobile workshops to the symposium. The Committee also discussed adding VIP tours, partner celebrations and the potential to solicit additional funding support from partners or corporate R-20-148 Page 3 sponsors. Discussion also included opportunities to tie-in an open house for the new administrative office and the potential to name a trail in honor of Green Foothills founder Lennie Roberts who has been instrumental in Midpen’s success. The Committee discussed an appropriate budget range of $200,000 to $400,000 and supported the formation of an ad hoc committee of the Board to provide continued involvement and timely decisions as planning progresses. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon Board approval, staff will move forward with releasing requests for proposals for event planning assistance and video production with the goal of beginning engagements in April to finalize the anniversary plan scope, timeline and budget in June 2021. Attachment: 1. 50th Anniversary Celebration Initial Scope Responsible Department Head: Korrine Skinner, Public Affairs Manager Prepared by: Mike Kahn, Public Affairs Specialist II Attachment 1 50th Anniversary Plan Initial Scope Goals and Objectives To commemorate 50 years with a year-long celebration of Midpen’s founding, evolution and accomplishments to connect constituents with the next 50 years of open space preservation, natural resource protection and ecologically sensitive public recreation: • Increase public awareness of and positive regard for Midpen by celebrating accomplishments. • Tell the story of Midpen’s legacy, including why nature is essential, how open space is preserved, including the role of rural and working lands, and the partnerships involved. Key Elements of 50th Anniversary Celebration Plan for January 1-December 31, 2022 • Commemorative 50th Anniversary logo to be used throughout the year. • Science Symposium and Anniversary Gathering – with assistance from event planning consultant, plan a symposium to discuss land management research with public presentations and poster sessions, capped by an inclusive celebratory gathering for diverse partners. o Timing: Fall 2022 (Measure R passed 11/72) to lessen event conflicts and weather issues, and provide lead time for preparations. • Invite academic and partner organization to present research, panel discussion topics. • Consider potential to include tracks: land management, community engagement, public access. • Consider potential for mobile workshops to give participants the opportunity to visit Midpen preserves and projects. o Evening Anniversary gathering with speaker, potential for honorees or awards, such as founders or 50 under 50 looking to the future of open space leadership. o Potential to livestream or record symposium/celebratory gathering to broaden public access. • “The Preservation of Public Open Space” - with assistance from professional video production team, create 60-minute documentary exploring the big picture of what it takes to make public open space happen in the Bay Area, featuring Midpen and close partners: how a regional environmental protection vision was formed, people who were/are instrumental, what land purchases take, how land managers care for the land, how public access is planned and how it all comes together the create the essential benefits of nature. Built to be evergreen, as roughly six 10-minute segments to allow for additional use separately. o Segments: 1. Overview: Bay Area conservation movement and Measure R: Midpen formation, regional environmental protection vision, 2014 Vision Plan, Measure AA 2. Land Acquisition and Conservation – biodiversity, wildlife corridors, water, agriculture, Coastside Protection Area 3. Restoration Science & Natural Resources Protection 4. Public Access Planning & Community Engagement 5. Outreach, Interpretation and Environmental Education – connecting people to place and the essential benefits of nature 6. The future of open space (in perpetuity means forever) o Narrated by a recognizable, local figure. Attachment 1 o Potential for television broadcast - KQED (requires neutral funding), NBC Bay Area/Telemundo (could be OpenRoad special). • Expanded Outreach o Community Event Tabling • Develop anniversary-themed display and commemorative keepsake items. • Select event schedule that balances appearances across Wards (identify highly frequented community locations and established events, such as main libraries, downtown areas, large events, farmers markets, coastal clean-ups/beach festivals, community centers, neighborhood association meetings. o Preserve events focused on visitors to meet people where they are and encouraging people to come out, styled like the welcome table at the Bear Creek Redwoods opening weekends. Consider the potential to table at each preserve with open public access. Include bilingual staff/volunteers. o Administrative office open house. The 50th Anniversary coincides with moving to 5050 El Camino. o Increase history/anniversary-themed docent naturalist or staff-led hikes. Consider mountain biking and equestrian options. Create anniversary-themed curriculum for partner groups like Latino Outdoors and other youth groups. o Hike/visit challenge – create a challenge themed to historic milestones where visitors who complete the challenge get a prize. Develop commemorative keepsake for geocache locations. o Sponsor community bicycle rides – partner with SVBC at RSA (multimodal project tie in) and possibly RW too (bikeable). • Staff engagement o Create special commemorative clothing item. o Engage past staff on video to capture oral histories and promote career pathway stories. • Website – create significant 50th Anniversary presence on website, integrate videos and history content (new site will feature updated timeline). • Newsletters and social media o Celebrate key historic events every month (acquisitions, new projects and programs, key milestones – acreage, trails, studies, etc.). o Share remembrances from the community, partners, volunteers and staff (past and present). o Highlight partnerships and key leaders who have been instrumental in our history. • Create Anniversary edition of 2022 photo calendar • Add Anniversary-themed items to Midpen online store • Elevate key Midpen projects during anniversary year – opportunity to elevate project profiles during the year, implement anniversary/history tie-ins where applicable, and highlight key. partners and community leaders who have been instrumental in completing Midpen projects. • Media – develop a cohesive plan to promote events with advertising. Pitch stories and message themes through press briefings and news releases. o Include multilingual advertising in ethnic outlets. o Consider materials specifically for underserved communities. o Evaluate partnerships to show our film/video segments or other features. ### Rev. 1/3/18 R-20-150 Meeting 20-30 December 16, 2020 AGENDA ITEM 6 AGENDA ITEM Reject All Bids for the Administrative Office Project located at 5050 El Camino Real, Los Altos, CA GENERAL MANAGER’S RECOMMENDATIONS 1.Reject all bids received for the 5050 El Camino Real Administrative Office Project. 2.Authorize the General Manager to re-solicit bids from the list of prequalified contractors. SUMMARY The purpose of the 5050 El Camino Real Administrative Office Project (Project) is to repurpose an existing commercial office building located at 5050 El Camino Real in Los Altos, CA for use as the main administrative office for the Midpeninsula Regional Open Space District (District). The main scope of work includes interior insulation, interior building system upgrades including a new energy-efficient heating/ventilation/air conditioning (HVAC) system, exterior building re- siding and roof repairs, rooftop solar panels, plumbing repairs and upgrades, re-paving and parking re-striping, electric vehicle charging stations, drainage and utility improvements, and interior space reconfiguration to accommodate open work areas and space to host public meetings and public gatherings. District staff issued a Request for Bids to eleven (11) prequalified contractors on November 2, 2020 and received four (4) bid proposals on November 30, 2020. After a careful review of the bids, the General Manager recommends rejecting all bids and soliciting new bids to complete the project, pursuant to state law. BACKGROUND Contractor Pre-Qualification Process On August 20, 2020, staff released a contractor pre-qualification solicitation on BidSync.com to solicit interested contractors. Staff also reached out to six (6) firms via email and phone calls. Seventeen (17) general building contractors submitted qualification packets on September 10, 2020. The pre-qualification solicitation was also published in the newspaper per the District’s public bidding process, pursuant to Public Resources Code section 5594. On November 18, 2020, the results of the pre-qualification process and a list of eleven (11) pre-qualified contractors was presented to the Board through an FYI memo. R-20-150 Page 2 DISCUSSION A Request for Bids was issued on November 2, 2020 to the 11 prequalified contractors and the documents were uploaded to BidSync. As legal notices were posted in the San Jose Mercury News and San Mateo County Times and on the District website during the contractor pre- qualification process, additional legal notices were not required for this Request for Bids. A non- mandatory pre-bid meeting was held on November 16, 2020 with nine total contractors in attendance. The District publicly opened the bids on November 30, 2020. Upon careful review of all of the Bid Proposals, staff together with the General Manager determined that it would be in the best interest of the District to reject all bids and re-solicit bids from the list of prequalified contractors. Public Resources Code section 5594 provides that the Board may reject all bids and re-advertise. Proposed Re-Bid Staff will coordinate with the prequalified bidders to re-solicit bids for the project on a timeline that will facilitate overall adherence with the project schedule as closely as possible. FISCAL IMPACT Rejection of bids results has no fiscal impact to the District’s budget. BOARD COMMITTEE REVIEW No Committee review has previously occurred for the recommended award of contract. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE In accordance with the State California Environmental Quality Act (CEQA) Guidelines, the proposed project is categorically exempt from CEQA under Section 15301, Existing Facilities. This exemption consists of the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, involving negligible or no expansion of existing or former use and allows an increase up to a 2,500 square feet addition. The scope of work for this project is consistent with the description of this exemption. NEXT STEPS Upon approval by the Board of Directors, the General Manager will reject all bids and re-bid the Project. The Board will consider award of contract at a meeting in early 2021. Responsible Department Head: Jason Lin, Engineering and Construction Department Manager R-20-150 Page 3 Prepared by: Tanisha Werner, Senior Capital Project Manager, Engineering and Construction Department