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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
SPECIAL CITY COUNCIL MEETING/
SWEARING-IN CEREMONY
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 29, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements
PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
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ELECTION ITEM
1. Consider approving the Certificate of Canvass of Votes from the November 8, 2022 Election. (Funding Source: General Fund)
Resolution of the Council of the City of Modesto Confirming the Canvass of the Regular Municipal Election which was held in the City of Modesto on November 8, 2022 and Declaring the Results of Said Election and such other matters as provided by law.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
COUNCIL COMMENTS AND OATH OF OFFICE
2. Comments from outgoing Councilmembers Jenny Kenoyer and Tony Madrigal. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
3. Oath of Office by newly elected Modesto City Councilmembers, Nick Bavaro, Eric E.
Alvarez, and Jeremiah Williams and the Modesto City School Board Members, Chad Brown, Jolene Daly, Adolfo Lopez, and Cindy Marks. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
4. Seating of new City Councilmembers at the dais. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
5. Comments from newly Elected Councilmembers. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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Revised Attachment A – Statement of Vote
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
November 29, 2022
Date: November 23, 2022
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Certification of Canvass of Votes from the November 8, 2022 Election CONTACT: Diane Nayares-Perez, City Clerk, [email protected], 209-577-5398
DESCRIPTION:
Consider approving the Certificate of Canvass of Votes from the November 8, 2022 Election. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:
Service and Delivery Goal I: Promote trust and engagement between the community and the City; and Goal J: Build a high-performance organization.
BACKGROUND:
On November 8, 2022, a Regular Municipal Election was held in the City of Modesto, and consolidated with the County of Stanislaus General Election for the purpose of Electing three (3) City Councilmembers (Districts 2, 4 and 5); and two (2) District Board of Education Members (Trustee Areas 1 and 5). In addition, two (2) City of Modesto Ballot Measures were voted on. Measure G - Charter Amendment, and Measure H - Sales Tax Measure.
DISCUSSION:
Per Election Code 10263(b), the City Council must declare the results of the election and install the newly elected members no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose.
The County of Stanislaus Registrar of Voters conducted the election on behalf of the City of Modesto. The Registrar of Voters is required to provide to the City a Certification of Election Results. The County has completed its count and has released the official results, a copy of which is attached.
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City Council, November 29, 2022
Certification of Canvass of Votes from the November 8, 2022 Election
FISCAL IMPACT:
None.
COMMITTEE RECOMMENDATION:
Not Applicable.
RECOMMENDED COUNCIL ACTION:
Resolution of the Council of the City of Modesto Confirming the Canvass of the Regular Municipal Election which was held in the City of Modesto on November 8, 2022 and Declaring the Results of Said Election and such other matters as provided by law.
Approved by:
Diane Nayares-Perez, City Clerk
Joseph Lopez, City Manager
Attachment:
1. Resolution
2. Certificate of Canvass and Statement of Vote from ROV(Exhibit A)
3. Measure G
4. Measure H
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION OF THE COUNCIL OF THE CITY OF MODESTO
CONFIRMING THE CANVASS OF THE REGULAR MUNICIPAL ELECTION WHICH WAS HELD IN THE CITY OF MODESTO ON NOVEMBER 8, 2022,
AND DECLARING THE RESULTS OF SAID ELECTION AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, on Tuesday, November 8, 2022, a Regular Municipal Election was held in the City of Modesto (herein called “City”) and in the Modesto City Schools District (herein called “District”) of Stanislaus County to elect the following:
1. One City Councilmember to District 2 for a four year term;
2. One City Councilmember to District 4 for a four year term;
3. One City Councilmember to District 5 for a four year term;
4. One District Board of Education Member to Trustee Area 1 for a four year term;
5. One District Board of Education Member to Trustee Area 5 for a four year term,
WHEREAS, only one candidate for each of the Board of Education Trustee Areas 3 and 7 was nominated for their respective Trustee Areas, and pursuant to Education Code Sections 5326 and 5328, the Candidates were appointed as follows and an election on these offices was not held:
1. Chad Brown Member, Modesto Board of Education, Trustee Area 3, for a term of four years; and
2. Adolfo Lopez Member, Modesto Board of Education, Trustee Area 7, for a term of four years.
WHEREAS, as set forth in Section 4 hereof, the following ballot measures were submitted to the qualified electors in the November 8, 2022, City of Modesto election:
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1. Measure G was a Charter Amendment;
2. Measure H was a Sales Tax Measure; and
WHEREAS, said election was held on Tuesday, November 8, 2022, in accordance with law and the proceedings of this Council, and the votes thereat received and canvassed, and the returns thereof ascertained, determined, and declared in all respects as required by law, and
WHEREAS, the Stanislaus County Registrar of Voters, at the request of the City Council, canvassed the returns of said regular municipal election in accordance with law, and reported the results of the election to the City Clerk, which the City Clerk certified to the Council by a Certificate of Canvass and Statement of Votes dated November 23, 2022, a copy of which is attached hereto marked Exhibit “A” and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto as follows:
1. Said election results as shown on the Certificate of Canvass and Statement of Votes and the results of the election are hereby ratified, confirmed, approved, and declared.
2. That in accordance with Section 10264 of the Elections Code, a copy of said Certificate of Canvass and Statement of Votes, which is attached hereto marked as Exhibit “A” and made a part hereof, shows a complete tabulation of the following:
(A) The whole number of votes cast for Districts 2, 4 and 5, in the City of Modesto.
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(B) The whole number of votes cast for Trustee Areas 1 and 5 in the Modesto City Schools District.
(C) The names of the persons voted for.
(D) For what office each person was voted for.
(E) The measures voted upon.
(F) The number of votes given in the City and in the Modesto City Schools District to each person.
(G) The number of votes given in the City for and against each measure.
(H) The number of votes given at each precinct for and against each measure.
3. That, at said Regular Municipal Election, the following named persons having received a majority of the votes cast for the elective offices, as designated on Exhibit “A”, are hereby declared to be duly and regularly elected to such office, and the City Clerk is hereby directed to issue a Certificate of election to each such persons, certifying his/her election to the office appearing after his/her name, and to administer to each of said persons the oath of office prescribed by the Constitution and laws of the State of California and the Charter of the City, to wit:
Eric E. Alvarez Councilmember for a term of four years, District 2, Modesto City Council.
Nick Bavaro Councilmember for a term of four years, District 4, Modesto City Council.
Jeremiah Williams Councilmember for a term of four years, District 5, Modesto City Council.
Cindy Marks Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 1.
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Chad Brown Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 3.
(Appointed pursuant to Education Code Section 5326)
Jolene Daly Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 5.
Adolfo Lopez Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 7.
(Appointed pursuant to Education Code Section 5326)
4. The following votes were cast for the City of Modesto Measures G and H:
Measure G Charter Amendment Total Votes For Total Votes Against To promote efficiency, transparency, and
modernization of City government, shall the
Charter of the City of Modesto be amended to
increase and clarify the powers and duties of the
City Auditor, create a permanent audit
committee, change the timing of the mayoral
election to coincide with the statewide primary
and general election, adjust the timeline for
preparation and adoption of the annual budget,
and make several other minor changes?
34,310 15,721
Measure H Sales Tax Total Votes For Total Votes Against To fund general city services in the City of
Modesto, such as police patrols, gang, drug, and
crime prevention; fire protection, paramedic/911
emergency response; addressing homelessness;
cleaning-up trash and illegal dumping; keeping
streets, parks, sidewalks, landscapes and
infrastructure safe, clean, and well-maintained,
shall an ordinance establishing a one-cent sales
tax be adopted, providing $39,000,000 annually
for general government use in Modesto until
ended by voters, with citizen oversight and all
money locally controlled?
32,031 18,897
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Measure G. More than a majority of all the votes cast at the election for Measure G were in favor of said proposed Measure, and said Measure did carry and was approved by a majority of the qualified voters voting on said Measure.
Measure H. More than a majority of all the votes cast at the election for Measure H were in favor of said proposed Measure, and said Measure did carry and was approved by a majority of the qualified voters voting on said Measure.
5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of "votes (ballots) cast in the City; (2) The names of the persons voted for; (3) The measure(s) voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure(s); (6) The total number of votes given to each person, and for and against each measure.
6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 29th day of November, 2022 by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:_________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
CERTIFICATE OF CANVASS
AND
STATEMENT OF VOTE
CITY OF MODESTO REGULAR MUNICIPAL ELECTION
November 8, 2022
I, Diane Nayares-Perez, City Clerk of the City of Modesto, do hereby certify that I caused the Stanislaus County Clerk-Recorder’s Office, on November 8, 2022, to publicly canvass the returns of the City of Modesto Regular Municipal Election held on November 8, 2022 in accordance with the law. The following are the results of said election:
CANDIDATES NUMBER OF VOTES PERCENTAGE OF VOTE
District 2, Modesto City Council
Eric E. Alvarez 3,025 95.55%
Sebastian Jones (Write-In) 141 4.45%
Non-Qualified Write-in Candidates 91
Total Votes Cast for District 2 3,166
District 4, Modesto City Council
Nick Bavaro 7,130 100%
Non-Qualified Write-in Candidates 312
Total Votes Cast for District 4 7,130
District 5, Modesto City Council
Jeremiah Williams 6,415 68.25%
Naramsen Goriel 2,984 31.75%
Non-Qualified Write-in Candidates 40
Total Votes Cast for District 5 9,399
MEASURES NUMBER OF VOTES PERCENTAGE OF VOTE
Measure G
Charter Amendment To promote efficiency, transparency, and modernization of City government, shall the Charter of the City of Modesto be amended to increase and clarify the powers and duties of the City Auditor, create a permanent audit committee, change the timing of the mayoral election to coincide with the statewide primary and general election, adjust the timeline for preparation and adoption of the annual budget, and make several other minor changes?
34,310 YES 68.58%
15,721 No 31.42%
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EXHIBIT A
Canvass of November 8, 2022 Election Page 2
Measure H
Sales Tax To fund general city services in the City of Modesto, such as police patrols, gang, drug, and crime prevention; fire protection, paramedic/911 emergency response; addressing homelessness; cleaning-up trash and illegal dumping; keeping streets, parks, sidewalks, landscapes and infrastructure safe, clean, and wellmaintained, shall an ordinance establishing a one-cent sales tax be adopted, providing $39,000,000 annually for general government use in Modesto until ended by voters, with citizen oversight and all money locally controlled?
32,031 YES 62.89%
18,897 No 37.11%
CANDIDATES NUMBER OF VOTES PERCENTAGE OF VOTE
Area 1, Modesto City Schools District
Cindy Marks 5,626 57.12%
Maria Elena Magana 4,224 42.88%
Non-Qualified Write-in Candidates 51
Total Votes Cast for Area 1 9,850
Area 5, Modesto City Schools District
Jolene Daly 4,270 50.59%
Charlene G. West 4,170 49.41%
Non-Qualified Write-in Candidates 104
Total Votes Cast for Area 5 8,440
Only one candidate for each of the Board of Education Trustee Areas 3 and 7 was nominated for their respective Trustee Areas, and pursuant to Education Code Section 5326 and 5328, the Candidates were appointed as follows and an election on these offices was not held:
1. Chad Brown Member, Modesto Board of Education, Trustee Area 3, for a term of four years; and
2. Adolfo Lopez Member, Modesto Board of Education, Trustee Area 7, for a term of four years.
TOTAL TURNOUT
REGISTERED VOTERS TURNOUT PERCENTAGE
City of Modesto Council District 2 13,894 3,886 27.97%
City of Modesto Council District 4 20,398 9,806 48.07%
City of Modesto Council District 5 20,467 10,473 51.17% #1..
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EXHIBIT A
Canvass of November 8, 2022 Election Page 3
TOTAL TURNOUT
REGISTERED VOTERS TURNOUT PERCENTAGE
Measures G & H 114,257 53,327 46.67%
Modesto City Schools District, 22,971 11,397 49.61%
Trustee Area 1
Modesto City Schools District, 21,883 10,075 46.04%
Trustee Area 5
The number of votes given at each precinct is set forth in the attached Stanislaus County Registrar of Voters Statement of Vote for the November 8, 2022 General Election.
November 23, 2022 ______________________
DIANE NAYARES-PEREZ
City Clerk
City of Modesto
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INDEX
SUMMARY REPORT ……………………………………………………………………………..…..….….. 001 CERTIFIED WRITE-IN CANDIDATES ………………………………………………………..……..….…. W1 1% POST ELECTION MANUAL TALLY REPORT ……………………………………………..…..….…. W2 LOCAL MEASURE BALLOT QUESTION / PASSAGE REQUIREMENT………………………….….… W3 CERTIFICATE OF FACTS – MEASURE B – City of Waterford………………………..………………… W4 CERTIFICATE OF FACTS – MEASURE C – Knights Ferry Elementary School District………….….. W5 CERTIFICATE OF FACTS – MEASURE D – Westside Community Health Care District…….…....… W6 CERTIFICATE OF FACTS – MEASURE E – Patterson Joint Unified School District…..….………... W7 CERTIFICATE OF FACTS – MEASURE G – City of Modesto……………..………..……………......… W8 CERTIFICATE OF FACTS – MEASURE H – City of Modesto………………….……………………..… W9 CERTIFICATE OF FACTS – MEASURE J – Waterford Unified School District…………………….… W10 CERTIFICATE OF FACTS – MEASURE L – Modesto City Schools District …………………..…….... W11
VOTER NOMINATED OFFICES / PRECINCT LEVEL RESULTS
GOVERNOR…………………………………………………………………………………………..….……. 1
LIEUTENANT GOVERNOR………………………………………………………………………….………. 11 SECRETARY OF STATE……………………………………………………………………………..……… 21 CONTROLLER…………………………………..…………………………................................................. 31 TREASURER……………………………………….………………………………………………..…….….. 41
ATTORNEY GENERAL………………………………………………………………………………………. 51
INSURANCE COMMISSIONER…………………..……………………................................................... 61 MEMBER, STATE BOARD OF EQUALIZATION – DISTRICT 1.…….………….................................. 71 UNITED STATES SENATOR – FULL TERM…………………….….…………………………..…….….. 81 UNITED STATES SENATOR – PARTIAL/UNEXPIRED TERM…………………………………………. 91 UNITED STATES REPRESENTATIVE – DISTRICT 5..…………………………………………...….….. 101 UNITED STATES REPRESENTATIVE – DISTRICT 9...…………………………………………..….….. 110 UNITED STATES REPRESENTATIVE – DISTRICT 13.…………………………………………..….….. 114 STATE SENATE – DISTRICT 4…………………………………….………………………………...….….. 122 STATE ASSEMBLY – DISTRICT 9……….…..……………………………………………….……………. 132 STATE ASSEMBLY – DISTRICT 22………………………………………………………………………... 137 #1..
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JUDICIAL / ASSOCIATE JUSTICES / PRECINCT LEVEL RESULTS
PATRICIA GUERRERO – CHIEF JUSTICE OF SUPREME COURT.....…………………….….... 146 GOODWIN LIU – ASSOCIATE JUSTICE OF SUPREME COURT………………………………... 156 MARTIN J. JENKINS – ASSOCIATE JUSTICE OF SUPREME COURT…………………….…... 166 JOSHUA P. GROBAN – ASSOCIATE JUSTICE OF SUPREME COURT…….………………..... 176 BRAD R. HILL – COURT OF APPEAL, FIFTH APPELLATE DISTRICT……………………..…… 186 JENNIFER DETJEN – COURT OF APPEAL, FIFTH APPELLATE DISTRICT………….….……. 196 BERT LEVY – COURT OF APPEAL, FIFTH APPELLATE DISTRICT………………………..…… 206
NONPARTISAN OFFICES / PRECINCT LEVEL RESULTS
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION……………..………..………….……… 216 STANISLAUS COUNTY BOARD OF EDUCATION – TRUSTEE AREA 2…….……………….…. 226 YOSEMITE COMMUNITY COLLEGE DISTRICT – AREA 1………………………………….……. 230 YOSEMITE COMMUNITY COLLEGE DISTRICT – AREA 2………………………………….……. 234 CERES UNIFIED SCHOOL DISTRICT – AREA 3………………….…………………………….…. 238 MODESTO CITY SCHOOLS DISTRICT – AREA 1 …………………………………………………. 242 MODESTO CITY SCHOOLS DISTRICT – AREA 5 …………………………………………………. 246 NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT – AREA 2………………………… 250 NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT – AREA 5………………………… 254 OAKDALE JOINT UNIFIED SCHOOL DISTRICT – AREA 1……………………………………….. 258 OAKDALE JOINT UNIFIED SCHOOL DISTRICT – AREA 4……………………………………….. 262 OAKDALE JOINT UNIFIED SCHOOL DISTRICT – AREA 5……………………………………….. 266 RIVERBANK UNIFIED SCHOOL DISTRICT – AREA 2…………………………………………….. 270 SHILOH SCHOOL DISTRICT………………………………………………………………………….. 274 SYLVAN UNION SCHOOL DISTRICT – AREA 3……………………………………………………. 278 SYLVAN UNION SCHOOL DISTRICT – AREA 5……………………………………………………. 282 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 3 (SHORT TERM)………...…………………. 286 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 4……….………………………………………. 290 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 6……….………………………………………. 294 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 2……….………………………………………. 298 CITY OF OAKDALE – MAYOR……………………………………………………………..……..…… 302 CITY OF OAKDALE – MEMBER, CITY COUNCIL…………………………….…………………….. 306 #1..
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CITY OF CERES – MEMBER, CITY COUNCIL - DISTRICT 1……………....…………….….…… 310 CITY OF CERES – MEMBER, CITY COUNCIL - DISTRICT 2……………....…………….….…… 314 CITY OF CERES – MEMBER, CITY COUNCIL - DISTRICT 4 (SHORT TERM)……..…………. 318 CITY OF HUGHSON – MAYOR……………………………………………………………………….. 322 CITY OF HUGHSON – MEMBER, CITY COUNCIL………………………………………….……… 326 CITY OF MODESTO – MEMBER, CITY COUNCIL - DISTRICT 2………....…………….…..…… 330 CITY OF MODESTO – MEMBER, CITY COUNCIL - DISTRICT 4………....…………….…..…… 334 CITY OF MODESTO – MEMBER, CITY COUNCIL - DISTRICT 5………….…………….….….… 338 CITY OF PATTERSON – MAYOR…………………………………………………………………….. 342 CITY OF PATTERSON – MEMBER, CITY COUNCIL – DISTRICT B……………………….……. 346 CITY OF PATTERSON – MEMBER, CITY COUNCIL – DISTRICT D……………………….……. 350 CITY OF RIVERBANK – MEMBER, CITY COUNCIL – DISTRICT 1……………………………… 354 CITY OF RIVERBANK – MEMBER, CITY COUNCIL – DISTRICT 3……………………………… 358 CITY OF TURLOCK – MAYOR………………………………………………………………………… 362 CITY OF TURLOCK – MEMBER, CITY COUNCIL – DISTRICT 1….………………………...…… 366 CITY OF TURLOCK – MEMBER, CITY COUNCIL – DISTRICT 3………………………………… 370 CITY OF WATERFORD – MAYOR……………………………………………………………………. 374 CITY OF WATERFORD – MEMBER, CITY COUNCIL……………………………………………… 378 MODESTO IRRIGATION DISTRICT – DIVISION 2…………………………………………………. 382 MODESTO IRRIGATION DISTRICT – DIVISION 3…………………………………………………. 386 MODESTO IRRIGATION DISTRICT – DIVISION 4…………………………………………………. 390 TURLOCK IRRIGATION DISTRICT – DIVISION 2……………….…………………………………. 394 WESTERN HILLS WATER DISTRICT………………………………………………………………… 398
MEASURES SUBMITTED TO THE VOTERS / PRECINCT LEVEL RESULTS STATE PROPOSITION 1…..…………………………………………………………………………… 402 STATE PROPOSITION 26..…………………………………………………………….……………… 412 STATE PROPOSITION 27...…………………………………………………………………………… 422 STATE PROPOSITION 28.…..……………………………….………..……………………….……… 432 STATE PROPOSITION 29………………………………….…………..……………………………… 442 STATE PROPOSITION 30..………………………………………….………………………………… 452 STATE PROPOSITION 31..………………………………………….………………………………… 462 #1..
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MEASURE B – CITY OF WATERFORD…………….……….………………………………….……. 472 MEASURE G – CITY OF MODESTO……………………………………..…………………….…….. 476 MEASURE H - CITY OF MODESTO……………………………………..…………………….…….. 480 MEASURE C – KNIGHTS FERRY ELEMENTARY SCHOOL DISTRICT……………………..….. 484 MEASURE E – PATTERSON JOINT UNIFIED SCHOOL DISTRICT………………………..….… 488 MEASURE J – WATERFORD UNIFIED SCHOOL DISTRICT………………………………….….. 492 MEASURE L – MODESTO CITY SCHOOLS DISTRICT……………………………………….…… 496 MEASURE D – WESTSIDE COMMUNITY HEALTH CARE DISTRICT…………………………… 501
CERTIFIED WRITE-IN CANDIDATES / PRECINCT LEVEL RESULTS
CERTIFIED WRITE-IN CANDIDATE PRECINCT LEVEL RESULTS 505 #1..
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Modesto City Schools District Governing Board Member - Area 1 - Vote for ONE Precincts
Counted Total Percent
15 15 100.00%
Voters
Ballots Registered Percent
11,397 22,971 49.61%
Choice Party Vote Center Vote by Mail Total
CINDY MARKS 411 52.09% 5,215 57.55% 5,626 57.12%
MARIA ELENA MAGANA 378 47.91% 3,846 42.45% 4,224 42.88% Cast Votes: 789 100.00% 9,061 100.00% 9,850 100.00%
Undervotes: 113 1,374 1,487
Overvotes: 1 0 1
Rejected write-in votes: 9 42 51
Unresolved write-in votes: 0 0 0
Modesto City Schools District Governing Board Member - Area 5 - Vote for ONE Precincts
Counted Total Percent
22 22 100.00%
Voters
Ballots Registered Percent
10,075 21,883 46.04%
Choice Party Vote Center Vote by Mail Total
JOLENE DALY 355 64.08% 3,915 49.64% 4,270 50.59%
CHARLENE G. WEST 199 35.92% 3,971 50.36% 4,170 49.41%
Cast Votes: 554 100.00% 7,886 100.00% 8,440 100.00%
Undervotes: 110 1,402 1,512
Overvotes: 1 2 3
Rejected write-in votes: 8 96 104
Unresolved write-in votes: 0 0 0
Cumulative Results
**OFFICIAL BALLOTS**
Run Time
Run Date
5:16 PM
11/23/2022
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/8/2022
Official Results
Registered Voters
132142 of 282393 = 46.79%
Precincts Reporting
199 of 199 = 100.00%
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City of Modesto Member, City Council - District 2 - Vote for ONE Precincts
Counted Total Percent
13 13 100.00%
Voters
Ballots Registered Percent
3,886 13,894 27.97%
Choice Party Vote Center Vote by Mail Total
ERIC E. ALVAREZ 216 96.43% 2,809 95.48% 3,025 95.55%
Sebastian Jones (W) 8 3.57% 133 4.52% 141 4.45%
Cast Votes: 224 100.00% 2,942 100.00% 3,166 100.00%
Undervotes: 59 562 621
Overvotes: 0 1 1
Rejected write-in votes: 11 80 91
Unresolved write-in votes: 0 0 0
City of Modesto Member, City Council - District 4 - Vote for ONE Precincts
Counted Total Percent
12 12 100.00%
Voters
Ballots Registered Percent
9,806 20,398 48.07%
Choice Party Vote Center Vote by Mail Total
NICK BAVARO 422 100.00% 6,708 100.00% 7,130 100.00%
Cast Votes: 422 100.00% 6,708 100.00% 7,130 100.00%
Undervotes: 172 2,169 2,341
Overvotes: 0 2 2
Rejected write-in votes: 22 290 312
Unresolved write-in votes: 0 0 0
Cumulative Results
**OFFICIAL BALLOTS**
Run Time
Run Date
5:16 PM
11/23/2022
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/8/2022
Official Results
Registered Voters
132142 of 282393 = 46.79%
Precincts Reporting
199 of 199 = 100.00%
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City of Modesto Member, City Council - District 5 - Vote for ONE Precincts
Counted Total Percent
8 8 100.00%
Voters
Ballots Registered Percent
10,473 20,467 51.17%
Choice Party Vote Center Vote by Mail Total
JEREMIAH WILLIAMS 473 77.92% 5,942 67.58% 6,415 68.25%
NARAMSEN GORIEL 134 22.08% 2,850 32.42% 2,984 31.75%
Cast Votes: 607 100.00% 8,792 100.00% 9,399 100.00%
Undervotes: 83 926 1,009
Overvotes: 0 2 2
Rejected write-in votes: 6 34 40
Unresolved write-in votes: 0 0 0
City of Patterson Mayor - Vote for ONE
Precincts
Counted Total Percent
4 4 100.00%
Voters
Ballots Registered Percent
4,845 11,701 41.41%
Choice Party Vote Center Vote by Mail Total
MICHAEL S. CLAUZEL 282 64.38% 2,451 59.13% 2,733 59.63% DOMINIC A. FARINHA 154 35.16% 1,689 40.75% 1,843 40.21% Zaid "Zedrick" Khan (W) 2 0.46% 5 0.12% 7 0.15%
Cast Votes: 438 100.00% 4,145 100.00% 4,583 100.00%
Undervotes: 18 191 209
Overvotes: 0 0 0
Rejected write-in votes: 2 47 49
Unresolved write-in votes: 0 0 0
Cumulative Results
**OFFICIAL BALLOTS**
Run Time
Run Date
5:16 PM
11/23/2022
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/8/2022
Official Results
Registered Voters
132142 of 282393 = 46.79%
Precincts Reporting
199 of 199 = 100.00%
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City of Waterford Measure B
Precincts
Counted Total Percent
1 1 100.00%
Voters
Ballots Registered Percent
2,009 4,507 44.58%
Choice Party Vote Center Vote by Mail Total
YES 111 50.00% 935 56.22% 1,046 55.49%
NO 111 50.00% 728 43.78% 839 44.51%
Cast Votes: 222 100.00% 1,663 100.00% 1,885 100.00%
Undervotes: 9 114 123
Overvotes: 0 1 1
Rejected write-in votes: 0 0 0
Unresolved write-in votes: 0 0 0
City of Modesto Measure G
Precincts
Counted Total Percent
52 52 100.00%
Voters
Ballots Registered Percent
53,327 114,257 46.67%
Choice Party Vote Center Vote by Mail Total
YES 1,848 56.81% 32,462 69.40% 34,310 68.58%
NO 1,405 43.19% 14,316 30.60% 15,721 31.42%
Cast Votes: 3,253 100.00% 46,778 100.00% 50,031 100.00% Undervotes: 232 2,810 3,042
Overvotes: 1 7 8
Rejected write-in votes: 0 0 0
Unresolved write-in votes: 0 0 0
Cumulative Results
**OFFICIAL BALLOTS**
Run Time
Run Date
5:16 PM
11/23/2022
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/8/2022
Official Results
Registered Voters
132142 of 282393 = 46.79%
Precincts Reporting
199 of 199 = 100.00%
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City of Modesto Measure H
Precincts
Counted Total Percent
52 52 100.00%
Voters
Ballots Registered Percent
53,327 114,257 46.67%
Choice Party Vote Center Vote by Mail Total
YES 1,957 58.86% 30,074 63.18% 32,031 62.89%
NO 1,368 41.14% 17,529 36.82% 18,897 37.11%
Cast Votes: 3,325 100.00% 47,603 100.00% 50,928 100.00% Undervotes: 158 1,983 2,141
Overvotes: 3 9 12
Rejected write-in votes: 0 0 0
Unresolved write-in votes: 0 0 0
Knights Ferry Elementary School District Measure C
Precincts
Counted Total Percent
3 3 100.00%
Voters
Ballots Registered Percent
265 405 65.43%
Choice Party Vote Center Vote by Mail Total
NO 15 78.95% 146 62.93% 161 64.14%
YES 4 21.05% 86 37.07% 90 35.86%
Cast Votes: 19 100.00% 232 100.00% 251 100.00%
Undervotes: 0 13 13
Overvotes: 0 1 1
Rejected write-in votes: 0 0 0
Unresolved write-in votes: 0 0 0
Cumulative Results
**OFFICIAL BALLOTS**
Run Time
Run Date
5:16 PM
11/23/2022
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/8/2022
Official Results
Registered Voters
132142 of 282393 = 46.79%
Precincts Reporting
199 of 199 = 100.00%
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W1
GENERAL ELECTION
TUESDAY, NOVEMBER 8, 2022
STANISLAUS COUNTY
VOTES CAST FOR A CERTIFIED WRITE-IN CANDIDATE
ARE INCLUDED IN THE SUMMARY RESULTS FOR EACH OFFICE
QUALIFIED WRITE-IN CANDIDATES ARE INDICATED WITH (W)
SEE INDEX PAGE FOR PRECINCT LEVEL RESULTS
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W2
1% Post Election Manual Tally Report
General Election – November 8, 2022
Pursuant to California Elections Code 15360, The Stanislaus County Registrar of Voters will conduct a random drawing to determine which ballots will be hand tallied in the 1% Manual Tally to verify accuracy of the ballot counting equipment used at vote centers and at our central count location. Random draw was conducted on November 10, 2022, at 11:00 a.m. • For vote center ballots: 1% of the vote centers will be randomly selected and all ballots cast at that location will be hand tallied. • For vote by mail ballots: 1% of batches scanned at the central count location during the semifinal canvass will be randomly selected.
o Central count utilized three color coded scanning groups: Orange, Yellow and Green. Each grouping will be drawn separately to ensure 1% of batches is randomly drawn from each scanning group.
721 Yellow Batches 739 Green Batches
Draw # Batch Number - Ballot Count Draw # Batch Number - Ballot Count 1 Yellow 226 - 4 ballots 1 Green 322 - 30 ballots
2 Yellow 139 - 24 ballots 2 Green 646 - 28 ballots
3 Yellow 305 - 8 ballots 3 Green 242 - 36 ballots
4 Yellow 141 - 23 ballots 4 Green 722 - 12 ballots
5 Yellow 470 - 33 ballots 5 Green 589 - 7 ballots
6 Yellow 34 - 47 ballots 6 Green 346 - 25 ballots
7 Yellow 401 - 46 ballots 7 Green 98 - 36 ballots
8 Yellow 299 - 36 ballots 8 Green 325 - 38 ballots
527 Orange Batches 29 Vote Centers
Draw # Batch Number - Ballot Count Draw # Vote Center - Ballot Count 1 Orange 460 - 1 ballots
1 VC-18 L. J. Newman Memorial
2 Orange 190 - 19 ballots Building - 271 ballots
3 Orange 509 - 12 ballots
4 Orange 207 - 39 ballots
5 Orange 193 - 26 ballots
6 Orange 249 - 9 ballots
16 additional batches with 280 ballots were also hand tallied to ensure all contests in Stanislaus County were included in the manual tally process. 1% manual tally results matched except for voter marking error (example: marking ballot with pencil or marking ballot outside of designated space) where the ballot was corrected, votes counted, and the results updated. In the end, the results from the manual tally matched the machine results with 100% accuracy. Elections Code 15360(e)
OFFICE OF COUNTY CLERK / RECORDER
& REGISTRAR OF VOTERS
ELECTIONS DIVISION
DONNA LINDER
County Clerk / Recorder / Registrar of Voters &
Commissioner of Civil Marriage
1021 “I” Street, Suite 101, Modesto, CA 95354
Telephone: 209.525.5200, español: 209.525.5230
Toll-free: 833.772.2260, TTY: 833.646.2136
Facsimile: 209.525.5802
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Ballot
Question:
Ballot
Question:
Ballot
Question:
Ballot
Question:
Ballot
Question:
Ballot
Question:
Measure H - City of Modesto (Sales Tax) Passage Requirement - Majority (50%+1) To fund general city services in the City of Modesto, such as police patrols, gang, drug, and crime prevention; fire protection, paramedic/911 emergency response; addressing homelessness; cleaning-up trash and illegal dumping; keeping streets, parks, sidewalks, landscapes and infrastructure safe, clean, and well-maintained, shall an ordinance establishing a one-cent sales tax be adopted, providing $39,000,000 annually for general government use in Modesto until ended by voters, with citizen oversight and all money locally controlled?
Measure D - Westside Community Health Care District (Special Tax) Passage Requirement - 2/3 Shall the measure for decreasing the number of members of the governing board of Knights Ferry Elementary School District from five to three be adopted? Measure G - City of Modesto (Charter Amendment) Passage Requirement - Majority (50%+1) To promote efficiency, transparency, and modernization of City government, shall the Charter of the City of Modesto be amended to increase and clarify the powers and duties of the City Auditor, create a permanent audit committee, change the timing of the mayoral election to coincide with the statewide primary and general election, adjust the timeline for preparation and adoption of the annual budget, and make several other minor changes?
To expand vocational career and technical education facilities; increase labs and training sites to prepare students for college and future jobs; and build new classrooms to relieve overcrowding; shall Patterson Joint Unified School District’s bond authorizing $74 million be approved with legal rates, projected levies below $57/ $100,000 of assessed valuation (generating $3.9 million/ year while bonds are outstanding), annual audits, independent oversight and all funds spent locally with no money taken by the State and spent elsewhere? Bonds – Yes Bonds – No
Measure C - Knights Ferry Elementary School District (Reduce Number of Elected Board Members) Passage Requirement - Majority (50%+1)
Local Measure Ballot Question - November 8, 2022
To expand vocational career and technical education facilities; increase labs and training sites to prepare students for college and future jobs; and build new classrooms to relieve overcrowding; shall Patterson Joint Unified School District’s bond authorizing $74 million be approved with legal rates, projected levies below $57/ $100,000 of assessed valuation (generating $3.9 million/ year while bonds are outstanding), annual audits, independent oversight and all funds spent locally with no money taken by the State and spent elsewhere? Bonds – Yes Bonds – No
Shall the elective mayor for the City of Waterford serve a four-year term? Measure E - Patterson Joint Unified School District (Bond Measure) Passage Requirement - 55% Measure B - City of Waterford (Mayoral Term of Office) Passage Requirement - Majority (50%+1) W3
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) CINDY MARKS MARIA ELENA MAGANA 107005 1,545 769 49.8 336 337
107008 5 3 60.0 0 3
116003 10 9 90.0 6 3
116007 251 168 66.9 93 46
116008 4 3 75.0 2 0
116010 132 78 59.1 42 21
116012 223 104 46.6 51 36
117069 7,438 3,748 50.4 1,979 1,276
117095 5,519 2,702 49.0 1,480 849
127002 6,380 2,765 43.3 961 1,453
127008 372 265 71.2 173 55
127012 4 4 100.0 3 1
216003 1,066 760 71.3 490 138
227008 22 18 81.8 10 6
316003 0 1 0.0 0 0 Vote Center Totals 22,971 912 4.0 411 378 Vote by Mail Totals 22,971 10,485 45.6 5,215 3,846 Grand Totals 22,971 11,397 49.6 5,626 4,224
11/23/2022 5:18 PM District Results - November 08, 2022 Page 242 Modesto City Schools District Governing Board Member - Area 1 #1..
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Vote Center Totals
District Registration Ballots Cast Turnout (%) CINDY MARKS MARIA ELENA MAGANA STANISLAUS COUNTY, CALIFORNIA22,971 912 4.0 411 378
5TH CONGRESSIONAL DISTRICT 22,577 889 3.9 399 369
9TH ASSEMBLY DISTRICT 10,010 504 5.0 219 217
13TH CONGRESSIONAL DISTRICT 394 23 5.8 12 9
22ND ASSEMBLY DISTRICT 12,961 408 3.1 192 161
4TH SENATORIAL DISTRICT 22,971 912 4.0 411 378
STATE BOARD OF EQUALIZATION DISTRICT 122,971 912 4.0 411 378 3RD SUPERVISORIAL DISTRICT 21,289 789 3.7 334 357
4TH SUPERVISORIAL DISTRICT 1,682 123 7.3 77 21 Y.C.C.D. TRUSTEE AREA 2 1,327 105 7.9 69 16 CITY OF MODESTO 12,957 406 3.1 191 160 UNINCORPORATED AREA 10,014 506 5.1 220 218 COUNTYWIDE 22,971 912 4.0 411 378 STATEWIDE DISTRICT 22,971 912 4.0 411 378 MODESTO CITY SCHOOLS 22,971 912 4.0 411 378 MODESTO CITY SCHOOLS TRUSTEE AREA 1 22,971 912 4.0 411 378 MODESTO IRRIGATION DIST, DIV 3
479 16 3.3 5 7 MODESTO IRRIGATION DIST, DIV 4
21,400 796 3.7 339 357 Vote Center Totals 22,971 912 4.0 411 378 11/23/2022 5:18 PM District Results - November 08, 2022 Page 243 Modesto City Schools District Governing Board Member - Area 1 #1..
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) CINDY MARKS MARIA ELENA MAGANA STANISLAUS COUNTY, CALIFORNIA22,971 10,485 45.6 5215 3846 5TH CONGRESSIONAL DISTRICT 22,577 10,225 45.3 5044 3794 9TH ASSEMBLY DISTRICT 10,010 4,439 44.3 1945 1881
13TH CONGRESSIONAL DISTRICT 394 260 66.0 171 52
22ND ASSEMBLY DISTRICT 12,961 6,046 46.6 3270 1965
4TH SENATORIAL DISTRICT 22,971 10,485 45.6 5215 3846
STATE BOARD OF EQUALIZATION DISTRICT 122,971 10,485 45.6 5215 3846 3RD SUPERVISORIAL DISTRICT 21,289 9,488 44.6 4610 3623
4TH SUPERVISORIAL DISTRICT 1,682 997 59.3 605 223 Y.C.C.D. TRUSTEE AREA 2 1,327 832 62.7 520 171 CITY OF MODESTO 12,957 6,044 46.6 3268 1965 UNINCORPORATED AREA 10,014 4,441 44.3 1947 1881 COUNTYWIDE 22,971 10,485 45.6 5215 3846 STATEWIDE DISTRICT 22,971 10,485 45.6 5215 3846 MODESTO CITY SCHOOLS 22,971 10,485 45.6 5215 3846 MODESTO CITY SCHOOLS TRUSTEE AREA 1 22,971 10,485 45.6 5215 3846 MODESTO IRRIGATION DIST, DIV 3 479 259 54.1 139 78 MODESTO IRRIGATION DIST, DIV 4
21,400 9,544 44.6 4641 3638 Vote by Mail Totals 22,971 10,485 45.6 5,215 3,846 11/23/2022 5:18 PM District Results - November 08, 2022 Page 244 Modesto City Schools District Governing Board Member - Area 1 #1..
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Grand Totals
District Registration Ballots Cast Turnout (%) CINDY MARKS MARIA ELENA MAGANA STANISLAUS COUNTY, CALIFORNIA22,971 11,397 49.6 5626 4224 5TH CONGRESSIONAL DISTRICT 22,577 11,114 49.2 5443 4163 9TH ASSEMBLY DISTRICT 10,010 4,943 49.4 2164 2098
13TH CONGRESSIONAL DISTRICT 394 283 71.8 183 61
22ND ASSEMBLY DISTRICT 12,961 6,454 49.8 3462 2126
4TH SENATORIAL DISTRICT 22,971 11,397 49.6 5626 4224
STATE BOARD OF EQUALIZATION DISTRICT 122,971 11,397 49.6 5626 4224 3RD SUPERVISORIAL DISTRICT 21,289 10,277 48.3 4944 3980 4TH SUPERVISORIAL DISTRICT 1,682 1,120 66.6 682 244 Y.C.C.D. TRUSTEE AREA 2 1,327 937 70.6 589 187 CITY OF MODESTO 12,957 6,450 49.8 3459 2125 UNINCORPORATED AREA 10,014 4,947 49.4 2167 2099 COUNTYWIDE 22,971 11,397 49.6 5626 4224 STATEWIDE DISTRICT 22,971 11,397 49.6 5626 4224 MODESTO CITY SCHOOLS 22,971 11,397 49.6 5626 4224 MODESTO CITY SCHOOLS TRUSTEE AREA 1 22,971 11,397 49.6 5626 4224 MODESTO IRRIGATION DIST, DIV 3 479 275 57.4 144 85 MODESTO IRRIGATION DIST, DIV 4
21,400 10,340 48.3 4980 3995 Vote Center Totals 22,971 912 4.0 411 378 Vote by Mail Totals 22,971 10,485 45.6 5,215 3,846 Grand Totals 22,971 11,397 49.6 5,626 4,224
11/23/2022 5:18 PM District Results - November 08, 2022 Page 245 Modesto City Schools District Governing Board Member - Area 1 #1..
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) JOLENE DALY CHARLENE G. WEST 101001 70 30 42.9 18 8
101003 141 30 21.3 21 7
111003 1,584 569 35.9 269 227
111004 59 24 40.7 9 7
111005 970 535 55.2 221 220
111006 12 8 66.7 1 5
111008 1 1 100.0 0 1
111009 30 15 50.0 5 3
117001 2,214 755 34.1 348 307
117007 2,276 1,395 61.3 508 641
117019 2,975 1,603 53.9 583 755
117020 774 305 39.4 154 99
117023 650 129 19.8 80 35
117053 4,561 1,645 36.1 808 606
117074 3,404 1,813 53.3 740 750
117083 1,559 898 57.6 373 355
117087 13 3 23.1 1 2
117114 0 0 0.0 0 0
117187 224 142 63.4 53 69
117203 0 0 0.0 0 0
117204 311 144 46.3 60 63
211005 55 31 56.4 18 10 Vote Center Totals 21,883 675 3.1 355 199 Vote by Mail Totals 21,883 9,400 43.0 3,915 3,971 Grand Totals 21,883 10,075 46.0 4,270 4,170
11/23/2022 5:18 PM District Results - November 08, 2022 Page 246 Modesto City Schools District Governing Board Member - Area 5 #1..
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Vote Center Totals
District Registration Ballots Cast Turnout (%) JOLENE DALY CHARLENE G. WEST STANISLAUS COUNTY, CALIFORNIA21,883 675 3.1 355 199
5TH CONGRESSIONAL DISTRICT 11,846 426 3.6 214 133
9TH ASSEMBLY DISTRICT 1,025 40 3.9 22 11
13TH CONGRESSIONAL DISTRICT 10,037 249 2.5 141 66
22ND ASSEMBLY DISTRICT 20,858 635 3.0 333 188
4TH SENATORIAL DISTRICT 21,883 675 3.1 355 199
STATE BOARD OF EQUALIZATION DISTRICT 121,883 675 3.1 355 199 1ST SUPERVISORIAL DISTRICT 6,341 236 3.7 126 67
4TH SUPERVISORIAL DISTRICT 13,829 377 2.7 194 113
5TH SUPERVISORIAL DISTRICT 1,713 62 3.6 35 19 Y.C.C.D. TRUSTEE AREA 2 12,404 396 3.2 214 109 CITY OF MODESTO 18,961 566 3.0 294 168 UNINCORPORATED AREA 2,922 109 3.7 61 31 COUNTYWIDE 21,883 675 3.1 355 199 STATEWIDE DISTRICT 21,883 675 3.1 355 199 MODESTO CITY SCHOOLS 21,883 675 3.1 355 199 MODESTO CITY SCHOOLS TRUSTEE AREA 5 21,883 675 3.1 355 199 MODESTO IRRIGATION DIST, DIV 2
3,903 112 2.9 58 35 MODESTO CITY COUNCIL DISTRICT 2
663 6 0.9 3 3 MODESTO CITY COUNCIL DISTRICT 4
16,739 510 3.0 261 155 Vote Center Totals 21,883 675 3.1 355 199 11/23/2022 5:18 PM District Results - November 08, 2022 Page 247 Modesto City Schools District Governing Board Member - Area 5 #1..
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) JOLENE DALY CHARLENE G. WEST STANISLAUS COUNTY, CALIFORNIA21,883 9,400 43.0 3915 3971 5TH CONGRESSIONAL DISTRICT 11,846 6,168 52.1 2352 2743
9TH ASSEMBLY DISTRICT 1,025 526 51.3 217 219
13TH CONGRESSIONAL DISTRICT 10,037 3,232 32.2 1563 1228 22ND ASSEMBLY DISTRICT 20,858 8,874 42.5 3698 3752
4TH SENATORIAL DISTRICT 21,883 9,400 43.0 3915 3971
STATE BOARD OF EQUALIZATION DISTRICT 121,883 9,400 43.0 3915 3971 1ST SUPERVISORIAL DISTRICT 6,341 3,208 50.6 1292 1339
4TH SUPERVISORIAL DISTRICT 13,829 5,631 40.7 2362 2409
5TH SUPERVISORIAL DISTRICT 1,713 561 32.7 261 223 Y.C.C.D. TRUSTEE AREA 2 12,404 5,254 42.4 2265 2134 CITY OF MODESTO 18,961 8,266 43.6 3414 3514 UNINCORPORATED AREA 2,922 1,134 38.8 501 457 COUNTYWIDE 21,883 9,400 43.0 3915 3971 STATEWIDE DISTRICT 21,883 9,400 43.0 3915 3971 MODESTO CITY SCHOOLS 21,883 9,400 43.0 3915 3971 MODESTO CITY SCHOOLS TRUSTEE AREA 5 21,883 9,400 43.0 3915 3971 MODESTO IRRIGATION DIST, DIV 2 3,903 1,829 46.9 701 828 MODESTO CITY COUNCIL DISTRICT 2 663 126 19.0 78 34 MODESTO CITY COUNCIL DISTRICT 4
16,739 7,292 43.6 2993 3135 Vote by Mail Totals 21,883 9,400 43.0 3,915 3,971 11/23/2022 5:18 PM District Results - November 08, 2022 Page 248 Modesto City Schools District Governing Board Member - Area 5 #1..
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Grand Totals
District Registration Ballots Cast Turnout (%) JOLENE DALY CHARLENE G. WEST STANISLAUS COUNTY, CALIFORNIA21,883 10,075 46.0 4270 4170 5TH CONGRESSIONAL DISTRICT 11,846 6,594 55.7 2566 2876
9TH ASSEMBLY DISTRICT 1,025 566 55.2 239 230
13TH CONGRESSIONAL DISTRICT 10,037 3,481 34.7 1704 1294 22ND ASSEMBLY DISTRICT 20,858 9,509 45.6 4031 3940
4TH SENATORIAL DISTRICT 21,883 10,075 46.0 4270 4170
STATE BOARD OF EQUALIZATION DISTRICT 121,883 10,075 46.0 4270 4170 1ST SUPERVISORIAL DISTRICT 6,341 3,444 54.3 1418 1406
4TH SUPERVISORIAL DISTRICT 13,829 6,008 43.4 2556 2522
5TH SUPERVISORIAL DISTRICT 1,713 623 36.4 296 242 Y.C.C.D. TRUSTEE AREA 2 12,404 5,650 45.5 2479 2243 CITY OF MODESTO 18,961 8,832 46.6 3708 3682 UNINCORPORATED AREA 2,922 1,243 42.5 562 488 COUNTYWIDE 21,883 10,075 46.0 4270 4170 STATEWIDE DISTRICT 21,883 10,075 46.0 4270 4170 MODESTO CITY SCHOOLS 21,883 10,075 46.0 4270 4170 MODESTO CITY SCHOOLS TRUSTEE AREA 5 21,883 10,075 46.0 4270 4170 MODESTO IRRIGATION DIST, DIV 2 3,903 1,941 49.7 759 863 MODESTO CITY COUNCIL DISTRICT 2 663 132 19.9 81 37 MODESTO CITY COUNCIL DISTRICT 4
16,739 7,802 46.6 3254 3290 Vote Center Totals 21,883 675 3.1 355 199 Vote by Mail Totals 21,883 9,400 43.0 3,915 3,971 Grand Totals 21,883 10,075 46.0 4,270 4,170
11/23/2022 5:18 PM District Results - November 08, 2022 Page 249 Modesto City Schools District Governing Board Member - Area 5 #1..
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) ERIC E. ALVAREZ 117003 3,126 821 26.3 679
117004 3,854 902 23.4 726
117005 1,769 459 25.9 356
117006 2,732 938 34.3 676
117023 650 129 19.8 108
117025 924 393 42.5 289
117026 18 3 16.7 3
117049 2 0 0.0 0
117087 13 3 23.1 3
117114 0 0 0.0 0
117135 805 237 29.4 185
117170 0 0 0.0 0
117196 1 1 100.0 0 Vote Center Totals 13,894 294 2.1 216 Vote by Mail Totals 13,894 3,592 25.9 2,809 Grand Totals 13,894 3,886 28.0 3,025
11/23/2022 5:18 PM District Results - November 08, 2022 Page 330 City of Modesto Member, City Council - District 2
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Vote Center Totals
District Registration Ballots Cast Turnout (%) ERIC E. ALVAREZ STANISLAUS COUNTY, CALIFORNIA13,894 294 2.1 216
5TH CONGRESSIONAL DISTRICT 1,747 74 4.2 58
13TH CONGRESSIONAL DISTRICT 12,147 220 1.8 158
22ND ASSEMBLY DISTRICT 13,894 294 2.1 216
4TH SENATORIAL DISTRICT 13,894 294 2.1 216
STATE BOARD OF EQUALIZATION DISTRICT 113,894 294 2.1 216 2ND SUPERVISORIAL DISTRICT 1 0 0.0 0
3RD SUPERVISORIAL DISTRICT 7,391 142 1.9 98
4TH SUPERVISORIAL DISTRICT 3,374 100 3.0 80
5TH SUPERVISORIAL DISTRICT 3,128 52 1.7 38 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 0 0.0 0 CITY OF MODESTO 13,894 294 2.1 216 COUNTYWIDE 13,894 294 2.1 216 STATEWIDE DISTRICT 13,894 294 2.1 216 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0
TURLOCK UNIFIED TRUSTEE AREA 61 0 0.0 0 MODESTO CITY SCHOOLS 13,891 294 2.1 216 MODESTO CITY SCHOOLS TRUSTEE AREA 5 663 6 0.9 6 MODESTO IRRIGATION DIST, DIV 2
937 60 6.4 49
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 294 2.1 216 Vote Center Totals 13,894 294 2.1 216 11/23/2022 5:18 PM District Results - November 08, 2022 Page 331 City of Modesto Member, City Council - District 2
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) ERIC E. ALVAREZ STANISLAUS COUNTY, CALIFORNIA13,894 3,592 25.9 2809
5TH CONGRESSIONAL DISTRICT 1,747 559 32.0 419
13TH CONGRESSIONAL DISTRICT 12,147 3,033 25.0 2390
22ND ASSEMBLY DISTRICT 13,894 3,592 25.9 2809
4TH SENATORIAL DISTRICT 13,894 3,592 25.9 2809
STATE BOARD OF EQUALIZATION DISTRICT 113,894 3,592 25.9 2809 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0
3RD SUPERVISORIAL DISTRICT 7,391 1,935 26.2 1489
4TH SUPERVISORIAL DISTRICT 3,374 887 26.3 679
5TH SUPERVISORIAL DISTRICT 3,128 769 24.6 641 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 CITY OF MODESTO 13,894 3,592 25.9 2809 COUNTYWIDE 13,894 3,592 25.9 2809 STATEWIDE DISTRICT 13,894 3,592 25.9 2809 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 MODESTO CITY SCHOOLS 13,891 3,591 25.9 2809 MODESTO CITY SCHOOLS TRUSTEE AREA 5 663 126 19.0 105 MODESTO IRRIGATION DIST, DIV 2
937 336 35.9 243
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,592 25.9 2809 Vote by Mail Totals 13,894 3,592 25.9 2,809 11/23/2022 5:18 PM District Results - November 08, 2022 Page 332 City of Modesto Member, City Council - District 2
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Grand Totals
District Registration Ballots Cast Turnout (%) ERIC E. ALVAREZ STANISLAUS COUNTY, CALIFORNIA13,894 3,886 28.0 3025
5TH CONGRESSIONAL DISTRICT 1,747 633 36.2 477
13TH CONGRESSIONAL DISTRICT 12,147 3,253 26.8 2548
22ND ASSEMBLY DISTRICT 13,894 3,886 28.0 3025
4TH SENATORIAL DISTRICT 13,894 3,886 28.0 3025
STATE BOARD OF EQUALIZATION DISTRICT 113,894 3,886 28.0 3025 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0
3RD SUPERVISORIAL DISTRICT 7,391 2,077 28.1 1587
4TH SUPERVISORIAL DISTRICT 3,374 987 29.3 759
5TH SUPERVISORIAL DISTRICT 3,128 821 26.2 679 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 CITY OF MODESTO 13,894 3,886 28.0 3025 COUNTYWIDE 13,894 3,886 28.0 3025 STATEWIDE DISTRICT 13,894 3,886 28.0 3025 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 MODESTO CITY SCHOOLS 13,891 3,885 28.0 3025 MODESTO CITY SCHOOLS TRUSTEE AREA 5 663 132 19.9 111 MODESTO IRRIGATION DIST, DIV 2
937 396 42.3 292
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,886 28.0 3025 Vote Center Totals 13,894 294 2.1 216 Vote by Mail Totals 13,894 3,592 25.9 2,809 Grand Totals 13,894 3,886 28.0 3,025
11/23/2022 5:18 PM District Results - November 08, 2022 Page 333 City of Modesto Member, City Council - District 2
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) NICK BAVARO 117001 2,214 755 34.1 569
117002 1,166 640 54.9 454
117007 2,276 1,395 61.3 988
117019 2,975 1,603 53.9 1,134
117020 774 305 39.4 212
117052 1,840 1,034 56.2 767
117053 4,561 1,645 36.1 1,256
117074 3,404 1,813 53.3 1,311
117101 653 330 50.5 225
117187 224 142 63.4 113
117203 0 0 0.0 0
117204 311 144 46.3 101 Vote Center Totals 20,398 618 3.0 422 Vote by Mail Totals 20,398 9,188 45.0 6,708 Grand Totals 20,398 9,806 48.1 7,130
11/23/2022 5:18 PM District Results - November 08, 2022 Page 334 City of Modesto Member, City Council - District 4
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Vote Center Totals
District Registration Ballots Cast Turnout (%) NICK BAVARO STANISLAUS COUNTY, CALIFORNIA20,398 618 3.0 422
5TH CONGRESSIONAL DISTRICT 12,849 441 3.4 301
13TH CONGRESSIONAL DISTRICT 7,549 177 2.3 121
22ND ASSEMBLY DISTRICT 20,398 618 3.0 422
4TH SENATORIAL DISTRICT 20,398 618 3.0 422
STATE BOARD OF EQUALIZATION DISTRICT 120,398 618 3.0 422 1ST SUPERVISORIAL DISTRICT 4,368 169 3.9 116
4TH SUPERVISORIAL DISTRICT 16,030 449 2.8 306
5TH SUPERVISORIAL DISTRICT 0 0 0.0 0 Y.C.C.D. TRUSTEE AREA 2 8,189 242 3.0 163 CITY OF MODESTO 20,398 618 3.0 422 COUNTYWIDE 20,398 618 3.0 422 STATEWIDE DISTRICT 20,398 618 3.0 422 MODESTO CITY SCHOOLS 20,398 618 3.0 422 MODESTO CITY SCHOOLS TRUSTEE AREA 5 16,739 510 3.0 348 MODESTO IRRIGATION DIST, DIV 2
5,589 158 2.8 108 MODESTO CITY COUNCIL DISTRICT 4
20,398 618 3.0 422 Vote Center Totals 20,398 618 3.0 422 11/23/2022 5:18 PM District Results - November 08, 2022 Page 335 City of Modesto Member, City Council - District 4
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) NICK BAVARO STANISLAUS COUNTY, CALIFORNIA20,398 9,188 45.0 6708
5TH CONGRESSIONAL DISTRICT 12,849 6,660 51.8 4792
13TH CONGRESSIONAL DISTRICT 7,549 2,528 33.5 1916
22ND ASSEMBLY DISTRICT 20,398 9,188 45.0 6708
4TH SENATORIAL DISTRICT 20,398 9,188 45.0 6708
STATE BOARD OF EQUALIZATION DISTRICT 120,398 9,188 45.0 6708 1ST SUPERVISORIAL DISTRICT 4,368 2,118 48.5 1521
4TH SUPERVISORIAL DISTRICT 16,030 7,070 44.1 5187
5TH SUPERVISORIAL DISTRICT 0 0 0.0 0 Y.C.C.D. TRUSTEE AREA 2 8,189 3,358 41.0 2517 CITY OF MODESTO 20,398 9,188 45.0 6708 COUNTYWIDE 20,398 9,188 45.0 6708 STATEWIDE DISTRICT 20,398 9,188 45.0 6708 MODESTO CITY SCHOOLS 20,398 9,188 45.0 6708 MODESTO CITY SCHOOLS TRUSTEE AREA 5 16,739 7,292 43.6 5336 MODESTO IRRIGATION DIST, DIV 2
5,589 2,784 49.8 2005 MODESTO CITY COUNCIL DISTRICT 4
20,398 9,188 45.0 6708 Vote by Mail Totals 20,398 9,188 45.0 6,708 11/23/2022 5:18 PM District Results - November 08, 2022 Page 336 City of Modesto Member, City Council - District 4
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Grand Totals
District Registration Ballots Cast Turnout (%) NICK BAVARO STANISLAUS COUNTY, CALIFORNIA20,398 9,806 48.1 7130
5TH CONGRESSIONAL DISTRICT 12,849 7,101 55.3 5093
13TH CONGRESSIONAL DISTRICT 7,549 2,705 35.8 2037
22ND ASSEMBLY DISTRICT 20,398 9,806 48.1 7130
4TH SENATORIAL DISTRICT 20,398 9,806 48.1 7130
STATE BOARD OF EQUALIZATION DISTRICT 120,398 9,806 48.1 7130 1ST SUPERVISORIAL DISTRICT 4,368 2,287 52.4 1637
4TH SUPERVISORIAL DISTRICT 16,030 7,519 46.9 5493
5TH SUPERVISORIAL DISTRICT 0 0 0.0 0 Y.C.C.D. TRUSTEE AREA 2 8,189 3,600 44.0 2680 CITY OF MODESTO 20,398 9,806 48.1 7130 COUNTYWIDE 20,398 9,806 48.1 7130 STATEWIDE DISTRICT 20,398 9,806 48.1 7130 MODESTO CITY SCHOOLS 20,398 9,806 48.1 7130 MODESTO CITY SCHOOLS TRUSTEE AREA 5 16,739 7,802 46.6 5684 MODESTO IRRIGATION DIST, DIV 2
5,589 2,942 52.6 2113 MODESTO CITY COUNCIL DISTRICT 4
20,398 9,806 48.1 7130 Vote Center Totals 20,398 618 3.0 422 Vote by Mail Totals 20,398 9,188 45.0 6,708 Grand Totals 20,398 9,806 48.1 7,130
11/23/2022 5:18 PM District Results - November 08, 2022 Page 337 City of Modesto Member, City Council - District 4
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) JEREMIAH WILLIAMS NARAMSEN GORIEL 117014 1,826 764 41.8 471 222
117040 1,230 651 52.9 418 157
117042 5,895 2,893 49.1 1,743 862
117044 2,257 1,142 50.6 705 293
117047 1,938 1,285 66.3 847 335
117055 4,889 2,568 52.5 1,515 771
117059 918 492 53.6 287 160
117072 1,514 678 44.8 429 184 Vote Center Totals 20,467 697 3.4 473 134 Vote by Mail Totals 20,467 9,776 47.8 5,942 2,850 Grand Totals 20,467 10,473 51.2 6,415 2,984
11/23/2022 5:18 PM District Results - November 08, 2022 Page 338 City of Modesto Member, City Council - District 5
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Vote Center Totals
District Registration Ballots Cast Turnout (%) JEREMIAH WILLIAMS NARAMSEN GORIEL STANISLAUS COUNTY, CALIFORNIA20,467 697 3.4 473 134
5TH CONGRESSIONAL DISTRICT 20,467 697 3.4 473 134
22ND ASSEMBLY DISTRICT 20,467 697 3.4 473 134
4TH SENATORIAL DISTRICT 20,467 697 3.4 473 134
STATE BOARD OF EQUALIZATION DISTRICT 120,467 697 3.4 473 134 1ST SUPERVISORIAL DISTRICT 2,432 134 5.5 82 34
3RD SUPERVISORIAL DISTRICT 5,313 175 3.3 129 20
4TH SUPERVISORIAL DISTRICT 12,722 388 3.0 262 80 CITY OF MODESTO 20,467 697 3.4 473 134 COUNTYWIDE 20,467 697 3.4 473 134 STATEWIDE DISTRICT 20,467 697 3.4 473 134 MODESTO CITY SCHOOLS 20,467 697 3.4 473 134 SYLVAN UNION TRUSTEE AREA 33,452 134 3.9 96 20 MODESTO IRRIGATION DIST, DIV 2 7,125 220 3.1 142 49 MODESTO IRRIGATION DIST, DIV 3
11,516 424 3.7 294 79 MODESTO IRRIGATION DIST, DIV 4
1,826 53 2.9 37 6 MODESTO CITY COUNCIL DISTRICT 5
20,467 697 3.4 473 134 Vote Center Totals 20,467 697 3.4 473 134 11/23/2022 5:18 PM District Results - November 08, 2022 Page 339 City of Modesto Member, City Council - District 5
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) JEREMIAH WILLIAMS NARAMSEN GORIEL STANISLAUS COUNTY, CALIFORNIA20,467 9,776 47.8 5942 2850 5TH CONGRESSIONAL DISTRICT 20,467 9,776 47.8 5942 2850
22ND ASSEMBLY DISTRICT 20,467 9,776 47.8 5942 2850
4TH SENATORIAL DISTRICT 20,467 9,776 47.8 5942 2850
STATE BOARD OF EQUALIZATION DISTRICT 120,467 9,776 47.8 5942 2850 1ST SUPERVISORIAL DISTRICT 2,432 1,036 42.6 634 310
3RD SUPERVISORIAL DISTRICT 5,313 2,382 44.8 1465 652
4TH SUPERVISORIAL DISTRICT 12,722 6,358 50.0 3843 1888 CITY OF MODESTO 20,467 9,776 47.8 5942 2850 COUNTYWIDE 20,467 9,776 47.8 5942 2850 STATEWIDE DISTRICT 20,467 9,776 47.8 5942 2850 MODESTO CITY SCHOOLS 20,467 9,776 47.8 5942 2850 SYLVAN UNION TRUSTEE AREA 33,452 1,829 53.0 1180 499 MODESTO IRRIGATION DIST, DIV 2 7,125 3,324 46.7 2019 970 MODESTO IRRIGATION DIST, DIV 3 11,516 5,741 49.9 3489 1664 MODESTO IRRIGATION DIST, DIV 4 1,826 711 38.9 434 216 MODESTO CITY COUNCIL DISTRICT 5
20,467 9,776 47.8 5942 2850 Vote by Mail Totals 20,467 9,776 47.8 5,942 2,850 11/23/2022 5:18 PM District Results - November 08, 2022 Page 340 City of Modesto Member, City Council - District 5
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Grand Totals
District Registration Ballots Cast Turnout (%) JEREMIAH WILLIAMS NARAMSEN GORIEL STANISLAUS COUNTY, CALIFORNIA20,467 10,473 51.2 6415 2984 5TH CONGRESSIONAL DISTRICT 20,467 10,473 51.2 6415 2984 22ND ASSEMBLY DISTRICT 20,467 10,473 51.2 6415 2984
4TH SENATORIAL DISTRICT 20,467 10,473 51.2 6415 2984
STATE BOARD OF EQUALIZATION DISTRICT 120,467 10,473 51.2 6415 2984 1ST SUPERVISORIAL DISTRICT 2,432 1,170 48.1 716 344
3RD SUPERVISORIAL DISTRICT 5,313 2,557 48.1 1594 672
4TH SUPERVISORIAL DISTRICT 12,722 6,746 53.0 4105 1968 CITY OF MODESTO 20,467 10,473 51.2 6415 2984 COUNTYWIDE 20,467 10,473 51.2 6415 2984 STATEWIDE DISTRICT 20,467 10,473 51.2 6415 2984 MODESTO CITY SCHOOLS 20,467 10,473 51.2 6415 2984 SYLVAN UNION TRUSTEE AREA 33,452 1,963 56.9 1276 519 MODESTO IRRIGATION DIST, DIV 2 7,125 3,544 49.7 2161 1019 MODESTO IRRIGATION DIST, DIV 3 11,516 6,165 53.5 3783 1743 MODESTO IRRIGATION DIST, DIV 4 1,826 764 41.8 471 222 MODESTO CITY COUNCIL DISTRICT 5
20,467 10,473 51.2 6415 2984 Vote Center Totals 20,467 697 3.4 473 134 Vote by Mail Totals 20,467 9,776 47.8 5,942 2,850 Grand Totals 20,467 10,473 51.2 6,415 2,984
11/23/2022 5:18 PM District Results - November 08, 2022 Page 341 City of Modesto Member, City Council - District 5
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) YES NO
117001 2,214 755 34.1 512 203
117002 1,166 640 54.9 379 223
117003 3,126 821 26.3 577 205
117004 3,854 902 23.4 648 219
117005 1,769 459 25.9 336 97
117006 2,732 938 34.3 624 258
117007 2,276 1,395 61.3 953 369
117009 4,793 2,544 53.1 1,800 599
117011 1,845 880 47.7 532 294
117012 3,164 1,021 32.3 698 265
117014 1,826 764 41.8 473 244
117017 4,321 1,959 45.3 1,217 601
117019 2,975 1,603 53.9 1,055 454
117020 774 305 39.4 167 113
117023 650 129 19.8 93 28
117025 924 393 42.5 257 105
117026 18 3 16.7 4 0
117028 4,801 2,078 43.3 1,289 664
117029 3,723 1,824 49.0 1,121 611
117034 4,761 2,522 53.0 1,618 760
117040 1,230 651 52.9 400 201
117042 5,895 2,893 49.1 1,841 863
117044 2,257 1,142 50.6 698 370
117047 1,938 1,285 66.3 832 373
117049 2 0 0.0 0 0
117052 1,840 1,034 56.2 655 332
117053 4,561 1,645 36.1 1,050 495
117055 4,889 2,568 52.5 1,614 782
117059 918 492 53.6 326 141
117069 7,438 3,748 50.4 2,447 1,050
117070 3,359 1,852 55.1 1,185 554
117072 1,514 678 44.8 421 205
117074 3,404 1,813 53.3 1,125 559
117083 1,559 898 57.6 546 293
117087 13 3 23.1 3 0
117088 1,407 816 58.0 507 258
117095 5,519 2,702 49.0 1,672 836
117100 2,753 1,364 49.5 936 375
117101 653 330 50.5 213 85
117106 2,153 1,068 49.6 656 353
117112 5,210 2,581 49.5 1,641 749
117114 0 0 0.0 0 0
117125 710 340 47.9 215 105
117135 805 237 29.4 155 74
117136 1,981 965 48.7 649 253
117170 0 0 0.0 0 0
117187 224 142 63.4 94 44
117188 1 0 0.0 0 0
117196 1 1 100.0 0 1
117203 0 0 0.0 0 0
117204 311 144 46.3 76 58
217101 0 0 0.0 0 0 Vote Center Totals 114,257 3,491 3.1 1,848 1,405 Vote by Mail Totals 114,257 49,836 43.6 32,462 14,316
Grand Totals 114,257 53,327 46.7 34,310 15,721
11/23/2022 5:18 PM District Results - November 08, 2022 Page 476 City of Modesto Measure G
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Vote Center Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 3,491 3.1 1,848 1,405 5TH CONGRESSIONAL DISTRICT 94,561 3,094 3.3 1,617 1,266 13TH CONGRESSIONAL DISTRICT 19,696 397 2.0 231 139
22ND ASSEMBLY DISTRICT 114,257 3,491 3.1 1,848 1,405
4TH SENATORIAL DISTRICT 114,257 3,491 3.1 1,848 1,405
STATE BOARD OF EQUALIZATION DISTRICT 1114,257 3,491 3.1 1,848 1,405 1ST SUPERVISORIAL DISTRICT 25,932 930 3.6 482 375
2ND SUPERVISORIAL DISTRICT 1 0 0.0 0 0
3RD SUPERVISORIAL DISTRICT 38,714 1,119 2.9 587 455
4TH SUPERVISORIAL DISTRICT 46,482 1,390 3.0 743 563
5TH SUPERVISORIAL DISTRICT 3,128 52 1.7 36 12 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 0 0.0 0 0 Y.C.C.D. TRUSTEE AREA 2 18,346 577 3.1 289 242 CITY OF MODESTO 114,257 3,491 3.1 1,848 1,405 COUNTYWIDE 114,257 3,491 3.1 1,848 1,405 STATEWIDE DISTRICT 114,257 3,491 3.1 1,848 1,405 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 0 0.0 0 0 MODESTO CITY SCHOOLS 114,254 3,491 3.1 1,848 1,405 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 406 3.1 219 158 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 566 3.0 272 254
SYLVAN UNION TRUSTEE AREA 38,186 289 3.5 146 121
SYLVAN UNION TRUSTEE AREA 59,480 297 3.1 144 128 MODESTO IRRIGATION DIST, DIV 2 29,851 950 3.2 526 363 MODESTO IRRIGATION DIST, DIV 3
25,529 895 3.5 459 375 MODESTO IRRIGATION DIST, DIV 4
19,104 599 3.1 321 237
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 294 2.1 191 86 MODESTO CITY COUNCIL DISTRICT 4
20,398 618 3.0 296 276 MODESTO CITY COUNCIL DISTRICT 5
20,467 697 3.4 357 292 Vote Center Totals 114,257 3,491 3.1 1,848 1,405 11/23/2022 5:18 PM District Results - November 08, 2022 Page 477 City of Modesto Measure G
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 49,836 43.6 32462 14316 5TH CONGRESSIONAL DISTRICT 94,561 44,275 46.8 28683 12836 13TH CONGRESSIONAL DISTRICT 19,696 5,561 28.2 3779 1480 22ND ASSEMBLY DISTRICT 114,257 49,836 43.6 32462 14316
4TH SENATORIAL DISTRICT 114,257 49,836 43.6 32462 14316 STATE BOARD OF EQUALIZATION DISTRICT 1114,257 49,836 43.6 32462 14316 1ST SUPERVISORIAL DISTRICT 25,932 12,411 47.9 8014 3613 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0 1
3RD SUPERVISORIAL DISTRICT 38,714 15,649 40.4 10098 4568 4TH SUPERVISORIAL DISTRICT 46,482 21,006 45.2 13809 5941 5TH SUPERVISORIAL DISTRICT 3,128 769 24.6 541 193 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 1 Y.C.C.D. TRUSTEE AREA 2 18,346 8,283 45.1 5323 2409 CITY OF MODESTO 114,257 49,836 43.6 32462 14316 COUNTYWIDE 114,257 49,836 43.6 32462 14316 STATEWIDE DISTRICT 114,257 49,836 43.6 32462 14316 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 1 MODESTO CITY SCHOOLS 114,254 49,835 43.6 32462 14315 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 6,044 46.6 3900 1728 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 8,266 43.6 5402 2362
SYLVAN UNION TRUSTEE AREA 38,186 4,003 48.9 2692 1085
SYLVAN UNION TRUSTEE AREA 59,480 4,508 47.6 2875 1337 MODESTO IRRIGATION DIST, DIV 2 29,851 13,956 46.8 9091 4022 MODESTO IRRIGATION DIST, DIV 3 25,529 12,372 48.5 8058 3532 MODESTO IRRIGATION DIST, DIV 4 19,104 8,574 44.9 5488 2494
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,592 25.9 2506 901 MODESTO CITY COUNCIL DISTRICT 4 20,398 9,188 45.0 5983 2659 MODESTO CITY COUNCIL DISTRICT 5 20,467 9,776 47.8 6248 2887 Vote by Mail Totals 114,257 49,836 43.6 32,462 14,316 11/23/2022 5:18 PM District Results - November 08, 2022 Page 478 City of Modesto Measure G
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Grand Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 53,327 46.7 34310 15721 5TH CONGRESSIONAL DISTRICT 94,561 47,369 50.1 30300 14102 13TH CONGRESSIONAL DISTRICT 19,696 5,958 30.2 4010 1619 22ND ASSEMBLY DISTRICT 114,257 53,327 46.7 34310 15721
4TH SENATORIAL DISTRICT 114,257 53,327 46.7 34310 15721 STATE BOARD OF EQUALIZATION DISTRICT 1114,257 53,327 46.7 34310 15721 1ST SUPERVISORIAL DISTRICT 25,932 13,341 51.4 8496 3988 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0 1
3RD SUPERVISORIAL DISTRICT 38,714 16,768 43.3 10685 5023 4TH SUPERVISORIAL DISTRICT 46,482 22,396 48.2 14552 6504 5TH SUPERVISORIAL DISTRICT 3,128 821 26.2 577 205 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 1 Y.C.C.D. TRUSTEE AREA 2 18,346 8,860 48.3 5612 2651 CITY OF MODESTO 114,257 53,327 46.7 34310 15721 COUNTYWIDE 114,257 53,327 46.7 34310 15721 STATEWIDE DISTRICT 114,257 53,327 46.7 34310 15721 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 1 MODESTO CITY SCHOOLS 114,254 53,326 46.7 34310 15720 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 6,450 49.8 4119 1886 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 8,832 46.6 5674 2616
SYLVAN UNION TRUSTEE AREA 38,186 4,292 52.4 2838 1206
SYLVAN UNION TRUSTEE AREA 59,480 4,805 50.7 3019 1465 MODESTO IRRIGATION DIST, DIV 2 29,851 14,906 49.9 9617 4385 MODESTO IRRIGATION DIST, DIV 3 25,529 13,267 52.0 8517 3907 MODESTO IRRIGATION DIST, DIV 4 19,104 9,173 48.0 5809 2731
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,886 28.0 2697 987 MODESTO CITY COUNCIL DISTRICT 4 20,398 9,806 48.1 6279 2935 MODESTO CITY COUNCIL DISTRICT 5 20,467 10,473 51.2 6605 3179 Vote Center Totals 114,257 3,491 3.1 1,848 1,405 Vote by Mail Totals 114,257 49,836 43.6 32,462 14,316
Grand Totals 114,257 53,327 46.7 34,310 15,721
11/23/2022 5:18 PM District Results - November 08, 2022 Page 479 City of Modesto Measure G
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) YES NO
117001 2,214 755 34.1 491 225
117002 1,166 640 54.9 329 282
117003 3,126 821 26.3 584 204
117004 3,854 902 23.4 642 231
117005 1,769 459 25.9 315 120
117006 2,732 938 34.3 634 243
117007 2,276 1,395 61.3 813 531
117009 4,793 2,544 53.1 1,590 851
117011 1,845 880 47.7 499 343
117012 3,164 1,021 32.3 675 315
117014 1,826 764 41.8 470 262
117017 4,321 1,959 45.3 1,165 694
117019 2,975 1,603 53.9 965 562
117020 774 305 39.4 169 116
117023 650 129 19.8 87 36
117025 924 393 42.5 267 105
117026 18 3 16.7 3 1
117028 4,801 2,078 43.3 1,227 749
117029 3,723 1,824 49.0 1,067 706
117034 4,761 2,522 53.0 1,559 859
117040 1,230 651 52.9 369 241
117042 5,895 2,893 49.1 1,732 1,034
117044 2,257 1,142 50.6 678 407
117047 1,938 1,285 66.3 698 539
117049 2 0 0.0 0 0
117052 1,840 1,034 56.2 590 405
117053 4,561 1,645 36.1 1,040 528
117055 4,889 2,568 52.5 1,532 909
117059 918 492 53.6 296 180
117069 7,438 3,748 50.4 2,234 1,342
117070 3,359 1,852 55.1 1,110 666
117072 1,514 678 44.8 416 224
117074 3,404 1,813 53.3 1,025 711
117083 1,559 898 57.6 519 336
117087 13 3 23.1 2 1
117088 1,407 816 58.0 468 321
117095 5,519 2,702 49.0 1,587 972
117100 2,753 1,364 49.5 804 508
117101 653 330 50.5 173 126
117106 2,153 1,068 49.6 611 412
117112 5,210 2,581 49.5 1,479 960
117114 0 0 0.0 0 0
117125 710 340 47.9 210 118
117135 805 237 29.4 170 62
117136 1,981 965 48.7 579 339
117170 0 0 0.0 0 0
117187 224 142 63.4 81 58
117188 1 0 0.0 0 0
117196 1 1 100.0 0 1
117203 0 0 0.0 0 0
117204 311 144 46.3 77 62
217101 0 0 0.0 0 0 Vote Center Totals 114,257 3,491 3.1 1,957 1,368 Vote by Mail Totals 114,257 49,836 43.6 30,074 17,529
Grand Totals 114,257 53,327 46.7 32,031 18,897
11/23/2022 5:18 PM District Results - November 08, 2022 Page 480 City of Modesto Measure H
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Vote Center Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 3,491 3.1 1,957 1,368 5TH CONGRESSIONAL DISTRICT 94,561 3,094 3.3 1,690 1,267 13TH CONGRESSIONAL DISTRICT 19,696 397 2.0 267 101
22ND ASSEMBLY DISTRICT 114,257 3,491 3.1 1,957 1,368
4TH SENATORIAL DISTRICT 114,257 3,491 3.1 1,957 1,368
STATE BOARD OF EQUALIZATION DISTRICT 1114,257 3,491 3.1 1,957 1,368 1ST SUPERVISORIAL DISTRICT 25,932 930 3.6 481 401
2ND SUPERVISORIAL DISTRICT 1 0 0.0 0 0
3RD SUPERVISORIAL DISTRICT 38,714 1,119 2.9 636 430
4TH SUPERVISORIAL DISTRICT 46,482 1,390 3.0 804 526
5TH SUPERVISORIAL DISTRICT 3,128 52 1.7 36 11 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 0 0.0 0 0 Y.C.C.D. TRUSTEE AREA 2 18,346 577 3.1 301 239 CITY OF MODESTO 114,257 3,491 3.1 1,957 1,368 COUNTYWIDE 114,257 3,491 3.1 1,957 1,368 STATEWIDE DISTRICT 114,257 3,491 3.1 1,957 1,368 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 0 0.0 0 0 MODESTO CITY SCHOOLS 114,254 3,491 3.1 1,957 1,368 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 406 3.1 219 165 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 566 3.0 300 233
SYLVAN UNION TRUSTEE AREA 38,186 289 3.5 147 131
SYLVAN UNION TRUSTEE AREA 59,480 297 3.1 146 132 MODESTO IRRIGATION DIST, DIV 2 29,851 950 3.2 551 357 MODESTO IRRIGATION DIST, DIV 3
25,529 895 3.5 476 386 MODESTO IRRIGATION DIST, DIV 4
19,104 599 3.1 331 240
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 294 2.1 209 67 MODESTO CITY COUNCIL DISTRICT 4
20,398 618 3.0 330 249 MODESTO CITY COUNCIL DISTRICT 5
20,467 697 3.4 391 281 Vote Center Totals 114,257 3,491 3.1 1,957 1,368 11/23/2022 5:18 PM District Results - November 08, 2022 Page 481 City of Modesto Measure H
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Vote by Mail
Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 49,836 43.6 30074 17529 5TH CONGRESSIONAL DISTRICT 94,561 44,275 46.8 26377 15925 13TH CONGRESSIONAL DISTRICT 19,696 5,561 28.2 3697 1604 22ND ASSEMBLY DISTRICT 114,257 49,836 43.6 30074 17529
4TH SENATORIAL DISTRICT 114,257 49,836 43.6 30074 17529 STATE BOARD OF EQUALIZATION DISTRICT 1114,257 49,836 43.6 30074 17529 1ST SUPERVISORIAL DISTRICT 25,932 12,411 47.9 7286 4562 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0 1
3RD SUPERVISORIAL DISTRICT 38,714 15,649 40.4 9554 5388 4TH SUPERVISORIAL DISTRICT 46,482 21,006 45.2 12686 7385 5TH SUPERVISORIAL DISTRICT 3,128 769 24.6 548 193 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 1 Y.C.C.D. TRUSTEE AREA 2 18,346 8,283 45.1 4890 3014 CITY OF MODESTO 114,257 49,836 43.6 30074 17529 COUNTYWIDE 114,257 49,836 43.6 30074 17529 STATEWIDE DISTRICT 114,257 49,836 43.6 30074 17529 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 1 MODESTO CITY SCHOOLS 114,254 49,835 43.6 30074 17528 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 6,044 46.6 3602 2149 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 8,266 43.6 4969 2933
SYLVAN UNION TRUSTEE AREA 38,186 4,003 48.9 2350 1479
SYLVAN UNION TRUSTEE AREA 59,480 4,508 47.6 2622 1679 MODESTO IRRIGATION DIST, DIV 2 29,851 13,956 46.8 8418 4909 MODESTO IRRIGATION DIST, DIV 3 25,529 12,372 48.5 7326 4464 MODESTO IRRIGATION DIST, DIV 4 19,104 8,574 44.9 5125 3030
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,592 25.9 2495 937 MODESTO CITY COUNCIL DISTRICT 4 20,398 9,188 45.0 5423 3357 MODESTO CITY COUNCIL DISTRICT 5 20,467 9,776 47.8 5800 3515 Vote by Mail Totals 114,257 49,836 43.6 30,074 17,529 11/23/2022 5:18 PM District Results - November 08, 2022 Page 482 City of Modesto Measure H
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Grand Totals
District Registration Ballots Cast Turnout (%) YES NO
STANISLAUS COUNTY, CALIFORNIA114,257 53,327 46.7 32031 18897 5TH CONGRESSIONAL DISTRICT 94,561 47,369 50.1 28067 17192 13TH CONGRESSIONAL DISTRICT 19,696 5,958 30.2 3964 1705 22ND ASSEMBLY DISTRICT 114,257 53,327 46.7 32031 18897
4TH SENATORIAL DISTRICT 114,257 53,327 46.7 32031 18897 STATE BOARD OF EQUALIZATION DISTRICT 1114,257 53,327 46.7 32031 18897 1ST SUPERVISORIAL DISTRICT 25,932 13,341 51.4 7767 4963 2ND SUPERVISORIAL DISTRICT 1 1 100.0 0 1
3RD SUPERVISORIAL DISTRICT 38,714 16,768 43.3 10190 5818 4TH SUPERVISORIAL DISTRICT 46,482 22,396 48.2 13490 7911 5TH SUPERVISORIAL DISTRICT 3,128 821 26.2 584 204 COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 1 1 100.0 0 1 Y.C.C.D. TRUSTEE AREA 2 18,346 8,860 48.3 5191 3253 CITY OF MODESTO 114,257 53,327 46.7 32031 18897 COUNTYWIDE 114,257 53,327 46.7 32031 18897 STATEWIDE DISTRICT 114,257 53,327 46.7 32031 18897 CERES UNIFIED TRUSTEE AREA 3 2 0 0.0 0 0
TURLOCK UNIFIED TRUSTEE AREA 61 1 100.0 0 1 MODESTO CITY SCHOOLS 114,254 53,326 46.7 32031 18896 MODESTO CITY SCHOOLS TRUSTEE AREA 1 12,957 6,450 49.8 3821 2314 MODESTO CITY SCHOOLS TRUSTEE AREA 5 18,961 8,832 46.6 5269 3166
SYLVAN UNION TRUSTEE AREA 38,186 4,292 52.4 2497 1610
SYLVAN UNION TRUSTEE AREA 59,480 4,805 50.7 2768 1811 MODESTO IRRIGATION DIST, DIV 2 29,851 14,906 49.9 8969 5266 MODESTO IRRIGATION DIST, DIV 3 25,529 13,267 52.0 7802 4850 MODESTO IRRIGATION DIST, DIV 4 19,104 9,173 48.0 5456 3270
TURLOCK IRRIGATION DIST, DIV 20 0 0.0 0 0 MODESTO CITY COUNCIL DISTRICT 2 13,894 3,886 28.0 2704 1004 MODESTO CITY COUNCIL DISTRICT 4 20,398 9,806 48.1 5753 3606 MODESTO CITY COUNCIL DISTRICT 5 20,467 10,473 51.2 6191 3796 Vote Center Totals 114,257 3,491 3.1 1,957 1,368 Vote by Mail Totals 114,257 49,836 43.6 30,074 17,529
Grand Totals 114,257 53,327 46.7 32,031 18,897
11/23/2022 5:18 PM District Results - November 08, 2022 Page 483 City of Modesto Measure H
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Write-in Tally
Precinct Registration Ballots Cast Turnout (%) Sebastian Jones 117003 3,126 821 26.3 8
117004 3,854 902 23.4 22
117005 1,769 459 25.9 9
117006 2,732 938 34.3 84
117023 650 129 19.8 0
117025 924 393 42.5 2
117026 18 3 16.7 0
117049 2 0 0.0 0
117087 13 3 23.1 0
117114 0 0 0.0 0
117135 805 237 29.4 16
117170 0 0 0.0 0
117196 1 1 100.0 0 Vote Center Totals 13,894 294 2.1 8 Vote by Mail Totals 13,894 3,592 25.9 133 Grand Totals 13,894 3,886 28.0 141 11/23/2022 5:18 PM District Results - November 08, 2022 Page 505 City of Modesto Member, City Council - District 2
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-297
RESOLUTION OF THE MODESTO CITY COUNCIL CALLING AN ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR VOTER CONSIDERATION OF A BALLOT MEASURE SEEKING VOTER APPROVAL TO IMPOSE A ONECENT TRANSACTIONS AND USE (SALES) TAX FOR GENERAL CITY SERVICES; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF STANISLAUS TO CONSOLIDATE THE MUNICIPAL ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022;
REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTERS OF
STANISLAUS COUNTY WITH RESPECT TO THE CONSOLIDATED
GENERAL MUNICIPAL ELECTION; AND ESTABLISHING POLICIES AND
PROCEDURES IN CONNECTION WITH SUCH AN ELECTION
WHEREAS, the residents and the City Council of the City of Modesto (“City”) desire to restore critical City services aimed at reducing crime, maintaining a safe and inviting community, and improving quality of life, and
WHEREAS, the City has a special history and a bright future, with a treasured small-town feel; however, it is a growing City with big-city problems such as homelessness, blight, and crime, and
WHEREAS, the City does not receive enough funding from taxes, the State or the County to address local residents’ growing needs and concerns, and WHEREAS, the City’s sales tax rate of 7.875% is one of the lowest percentiles statewide and in the region; with the City’s portion of that revenue being only one-cent, and
WHEREAS, the residents of the City receive far fewer services per capita than other benchmark cities in California, and
WHEREAS, since the Great Recession, the City’s organization has been decimated with the reduction of twenty-seven percent (27%) of the staff in the General 06/28/2022/Budget/SChristensen/Item 16 1 2022-297
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Fund departments, including seventy-seven (77) sworn Police officers and fifty-six (56) Fire personnel, and
WHEREAS, the cuts the City has had to make have resulted in a decrease in Police, Fire, and Emergency Medical Service response times at unacceptable levels far below industry standards, and
WFIEREAS, even with these cuts the City has had to make to Police and Fire personnel, public safety represents 80% of the City’s General Fund Operating Expenditures, and
WHEREAS, the City’s once robust recreation services have also seen drastic changes. Due to funding shortages, the City’s parks system has deteriorated to unacceptable conditions, with Seventy-Four Million Dollars ($74,000,000) in deferred maintenance, and
WHEREAS, due to these funding shortages, it now takes months or even several years to respond to tree and sidewalk maintenance requests, and WHEREAS, the City struggles to provide even basic City services without the reliance on one-time State and Federal funds assistance, and WHEREAS, the City of Modesto is committed to long-term fiscal prudence, responsibility, innovation, and self-reliance, and
WHEREAS, a one-cent general revenue sales tax would enable the City to proactively develop a plan to improve City services and the quality of life for the citizens of Modesto. This additional funding would help to improve City Services such as, but not limited to:
Addressing homelessness;
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Providing quicker responses to 911 emergencies, including DUIs, gang, and drug-related crimes;
Supporting neighborhood police patrols, crime prevention, traffic enforcement, fire protection, and paramedics;
Fixing and maintaining roads and sidewalks; and
Keeping parks, recreation facilities, and public areas safe and clear of trash and litter.
WHEREAS, even after a one-cent general revenue sales tax, the City’s sales tax rate will still be one of the lowest in the region; however, it will help keep the City competitive and attractive to business investment, and
WHEREAS, a one-cent general revenue sales tax would reduce the City’s need to rely on State and Federal dollars, which often come with regulations on how the money can be spent. Instead, the City could use these local funds to satisfy local needs and priorities, and
WHEREAS, these local funds camiot be taken by the County, State, or Federal Government and are subject to local oversite, and
WHEREAS, pursuant to Elections Code Section 9222, the City Council may submit to the qualified voters of the City a proposition without a petition; therefore, by ordinance or resolution, and
WHEREAS, the City Council desires to submit to the qualified voters of the City a measure asking whether to amend the Modesto Municipal Code to add a one-cent transactions and use (“sales”) tax as described above; and 06/28/2022/Budget/SChristensen/Item 16 3 2022-297
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WHEREAS, the City Council, pursuant to Resolution 2022-248, called for a General Municipal Election to be held on and consolidated with the November 8, 2022 general election and for the Stanislaus County Elections Department to conduct such election on behalf of the City of Modesto and therefore the Council now desires to include this Measure on the ballot at said election.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:
SECTION 1. Placement of Measure on the Ballot. Pursuant to California Elections Code Section 9222 and Revenue and Taxation Code section 7285.9, the City Council hereby calls and orders to be held in the City of Modesto, California, on Tuesday, November 8, 2022, an election at which a measure shall be submitted to the voters of the City for approval an ordinance to enact a local transactions and use tax. The question shall appear and be printed on the ballot as follows:
MEASURE
To fund general city services in the City of
Modesto, such as police patrols, gang, drug, and
crime prevention; fire protection, paramedic/911
emergency response; addressing homelessness;
cleaning-up trash and illegal dumping; keeping
streets, parks, sidewalks, landscapes and
infrastructure safe, clean, and well-maintained,
shall an ordinance establishing a one-cent sales
tax be adopted, providing $39,000,000 annually
for general government use in Modesto until
ended by voters, with citizen oversight and all
money locally controlled?
Yes
No .
SECTION 2. Approval of Ordinance. The City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A. The proposed measure shall not take effect unless and until approved by a vote of at least a simple 06/28/2022/Budget/SChristensen/Item 16 4 2022-297
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majority of affirmative votes of the voters voting on the question at the election. The ordinance specifies that the rate of the transactions tax shall be one-cent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the transactions and use tax shall be one-cent of the sales price of tangible personal property stored, used, or otherwise consumed in the City. The tax shall be in effect until it is repealed by the voters. The California Department of Tax and Fee Administration shall collect the tax from retailers subject to the tax and remit the funds to the City. The full text of the Measure will be presented in the Voter Information Guide.
SECTION 3. Publication of Measure. The City Clerk is hereby directed to cause notice of the Measure to be published once in The Modesto Bee, the official newspaper of said City and a newspaper of general circulation printed and published in said City, in accordance with Section 12111 of the Elections Code and Section 606Tof the Government Code.
SECTION 4. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide election on Tuesday, November 8, 2022, for the purpose of placing the Measure set forth in Section 1 on the ballot. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code section 10418. 06/28/2022/Budget/SChristensen/Item 16 5 2022-297
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(b) The County of Stanislaus Election Department is authorized to canvass the returns of the regularly scheduled General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used.
(c) The Board of Supervisors is requested to issue instructions to the Stanislaus County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
(d) The City of Modesto recognizes that additional costs will be incurred by the County of Stanislaus by reason of this consolidation and agrees to reimburse the County for any additional costs above and beyond those reimbursed by the State.
SECTION 5. Submission of Ballot Arguments and Impartial Analysis. (a) The last day for submission of direct arguments for or against the Measure shall be by 5:00 p.m. on July 12, 2022.
(b) The last day for submission of rebuttal arguments for or against the Measure shall be by 5:00 p.m. on July 22, 2022.
(c) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(d) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the direct arguments.
(e) The City Attorney shall prepare an impartial analysis of the Measure by July 22, 2022.
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(f) Pursuant to California Elections Code Section 9282, the Mayor is hereby authorized to prepare and file a written argument in favor of the proposed measure, not to exceed three hundred (300) words, on behalf of the City Council. At the Mayor’s discretion, the argument may be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure. In the event that an argument is filed against the measure, the Mayor is also authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure, and who may be different from the signers of the direct argument. Submissions by email or facsimile are allowed for direct arguments and rebuttal arguments that are signed and otherwise meet the above requirements and the California Elections Code provided that the original copy thereof is delivered to the City Clerk within twenty-four (24) hours of submission of the electronic version.
(g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same maimer as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 6. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. The City Clerk is directed to file a certified copy of this ;
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Resolution with the Board of Supervisors of Stanislaus County and the Stanislaus County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the Measure on the ballot and to prepare all required notices related to the ballot measure, and to publish such notices as required by law.
SECTION 7. Passage of the Resolution. This Resolution must be approved by a twothirds (2/3) vote of the City Council.
SECTION 8. CEQA. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines section 15060, review under CEQA is not required.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June, 2022, by Councilmember Wright, who ! moved its adoption, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and the resolution adopted by the following vote:
Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
AYES:
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
DIANENAYAR0S-PE
City Clerk
Z, CMC,
(SEAT)
APPROVED AS
BY:
06/28/2022/Budget/SChristensen/Item 16 9 2022-297
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ORDINANCE NO. -c.s.
AN ORDINANCE ADDING ARTICLE 12 TO
CHAPTER 2 OF TITLE 8 OF THE MODESTO
MUNICIPAL CODE IMPOSING A TRANSACTIONS
AND USE TAX
The People and the City Council of the City of Modesto do ordain as follows:
WHEREAS, the People and the City Council of the City of Modesto desire to restore critical City Services aimed at reducing crime, maintaining a safe and inviting community, and improving quality of life; and
WHEREAS, the City of Modesto (“City”) has a special history and a bright future, with a treasured small-town feel; however, it is a growing City with big-city problems such as homelessness, blight, and crime; and
WHEREAS, the City does not receive enough funding from taxes, the State or the County to address local residents’ growing needs and concerns; and WHEREAS, the City’s sales tax rate of 7.875% is one of the lowest percentiles statewide and in the region; with the City’s portion of that revenue being only one percent (1%); and WHEREAS, the residents of the City receive far fewer services per capita than other benchmark cities in California; and
WHEREAS, since the Great Recession, the City’s organization has been decimated with the cutting of twenty-seven percent (27%) of the staff in the General Fund departments, including seventy-seven (77) sworn Police officers and fifty-six (56) Fire personnel; and WHEREAS, the cuts the City has had to make have resulted in a decrease in Police, Fire, and Emergency Medical Service response times at unacceptable levels far below industry standards; and
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WHEREAS, even with these cuts the City has had to make to Police and Fire personnel, public safety represents eight (80%) of the City’s General Fund; and WHEREAS, the City’s once robust recreation services have also seen drastic changes.
Due to funding shortages, the City’s parks system has deteriorated to unacceptable conditions, with Seventy-Four Million Dollars ($74,000,000) in deferred maintenance; and WHEREAS, due to these funding shortages, it now takes months or even several years to respond to tree and sidewalk maintenance requests; and WHEREAS, the City struggles to provide even basic City services without the reliance on one-time State and Federal funds assistance; and
WHEREAS, the City of Modesto is committed to long-term fiscal prudence, responsibility, innovation, and self-reliance; and
WHEREAS, a one percent (1%) general revenue sales tax would enable the City to proactively develop a plan to improve City services and the quality of life for the citizens of Modesto. This additional funding would help to improve City Services such as, but not limited to:
Addressing homelessness.
Providing quicker responses to 911 emergencies, including DUIs, gang, and drugrelated crimes.
Supporting neighborhood police patrols, crime prevention, traffic enforcement, fire protection, and paramedics.
Fixing and maintaining roads and sidewalks.
Keeping parks, recreation facilities, and public areas safe and clear of trash and litter.
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WHEREAS, even after a one percent (1%) general revenue sales tax, the City’s sales tax rate will still be one of the lowest in the region; however, it will help keep the City competitive and attractive to business investment; and
WHEREAS, a one percent (1%) general revenue sales tax would reduce the City’s need to rely on State and Federal dollars, which often come with regulations on how the money can be spent. Instead, the City could use these local funds to satisfy local needs and priorities; and WHEREAS, these local funds cannot be taken by the County, State, or Federal Government and are subject to local oversite.
SECTION 1. INCORPORATION OF RECITALS. The City Council and the People of Modesto find that all the Recitals are true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MUNICIPAL CODE. Article 12 is hereby added to Chapter 2 of Title 8 of the Modesto Municipal Code to read as follows:
"ARTICLE 12. TRANSACTION AND USE TAX.
8-2.1201- Title.
This Ordinance shall be known as the Modesto Transactions and Use Tax Ordinance.
This Ordinance shall be applicable in the incorporated territory of the City (hereinafter “City.”) 8-2.1202 - Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of such adoption being as set forth below. ;
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8-2.1203 - Purpose.
This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes; A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance. 4 #1..
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8-2.1204 - Contract With State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 8-2.1205 - Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Ordinance. 8-2.1206 - Place of Sale.
For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
I:
:
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8-2.1207 - Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 8-2.1208 - Adoption of Provisions of State Law.
Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein. 8-2.1209 - Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance; 6 #1..
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3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds Five Hundred Thousand Dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. s
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8-2.1210 - Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance. 8-2.1211 - Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 8 #1..
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3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of '
the Public Utilities Code, and undocumented vessels registered under Division
3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business outof-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.
5. For the purposes of Subparagraphs (3) and (4) of this Section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property:
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1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.
5. For the purposes of Subparagraphs (3) and (4) of this Section, storage, use, or other consumption, or possession of, or exercise of any right or power over tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
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6. Except as provided in Subparagraph (7), a retailer engaged in business in the City 3 shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 8-2.1212- Amendments.
All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically 11 #1..
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become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
8-2.1213 - Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 8-2.1214 - Annual Audit.
Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City’s financial activities. The auditor shall include an accounting of the revenue received from the tax in the audited financial statements.
The auditor’s report shall be presented to the City Council, be reviewed by the Oversight Board made available on the City’s website and made available to the public. 8-2.1215 -Oversight Board
The City Council shall appoint a nine (9) -member Oversight Board by June 30, 2023 to meet publicly at least semi-annually to review all revenues and expenditures of funds from the tax authorized by this Ordinance, review annual audit reports related to the tax measure, and make at least one (1) written annual report to the City Council at a public meeting summarizing the Oversight Board's findings. The Oversight Board shall consist of a representative from each Council district and three "at-large” Modesto residents. The City Council shall give strong preference to members that represent a cross-section of the community, possibly including, but not limited to, representatives of schools, local trade associations, chambers of commerce, nonprofit organizations, senior citizen groups, non-partisan political organizations (such as the 12 #1..
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League of Women Voters), tax-payer association, and neighborhood organizations (including individuals retired from such groups).
8-2.1216 - Amendments by City Council.
The following amendments to this Ordinance must be approved by the voters of the City:
increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of Section 8-2.1112); or extending the tax.
The City Council may otherwise amend this Ordinance without submitting the amendment to the voters for approval.
8-2.1217 - Termination Date.
The authority to levy the tax imposed by this Ordinance shall expire when ended by the voters of the City.”
SECTION 3. ADJUSTMENT OF APPROPRIATIONS LIMIT. Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2022-23 and each year thereafter.
SECTION 4. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). This Ordinance imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the Ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to 13 #1..
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any specific project that may result in a potentially significant physical impact on the environment.
If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.
SECTION 5. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon applicable voter approval.
The foregoing Ordinance was adopted by City Council of the City of Modesto, subject to voter approval, on 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUE ZWAHLEN, Mayor
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
JOSE M. SANCHEZ, City Attorney
5110148.6
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