Agenda packet — City Council / Local Redevelopment Authority / Public Financing Authority, September 8, 2026

Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council / LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank.

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CITY COUNCIL / LRA BOARD CITY OF RIVERBANK
Regular City Council and Local
Redevelopment Authority Board
Meetings
Mayor/Chair
Rachel Hernandez
Council/Authority Members
District 1 — Luis Uribe
District 2 — Cindy Fosi
Vice Mayor, District 3 — John Pimentel
District 4 — Stacy Call
Council Chambers
6707 Third Street, Suite B
Riverbank, CA 95367
TUESDAY, SEPTEMBER 8, 2026 — 6:00 PM
(THE AGENDA PACKET IS ONLINE AT HTTPS://RIVERBANKCA.PORTAL.CIVICCLERK.COM/) FAVOR DE REFERIRSE A LA ULTIMA PAGINA DE LA AGENDA PARA TRADUCCION EN ESPAÑOL

1. CALL TO ORDER

2. FLAG SALUTE

3. ROLL CALL

4. AGENDA CHANGES

5. CONFLICT OF INTEREST
Any Council/Authority Member who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time. Pursuant to Government Code Section 84308 (Levine Act), any Council /Authority Member who has received a contribution of $500 or more within the preceding 12 months from a party, participant, or their agent related to an item on the agenda must disclose that contribution on the record prior to participation in the discussion or decision on the item and may be required to recuse themselves, as applicable.

6. PRESENTATIONS (Informational only)
Item 6.1. Proclamation — Hispanic Heritage Month 2026 — It is recommended that the City Council present the Proclamation in honor of Hispanic Heritage Month from September 15th to October 15th, 2026, to Riverbank small business owner Maria Moore.

Item 6.2. Presentation — Cheese and Wine Festival Update-It is recommended that the City Council receive a presentation from the Recreation Supervisor regarding updates to the Cheese and Wine Festival 2026.

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7. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State law, matters presented during the public comment period cannot be discussed or acted upon.

Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.

IN PERSON COMMENTS: Please fill out a Comment Card and return it to the City Clerk.

8. CONSENT CALENDAR (No obligation to read aloud)
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.

Item 8.1. Waiver of Readings
Item 8.2. Approval of the City Council and Local Redevelopment Authority Board Meeting Minutes for August 25, 2026.

9. PUBLIC HEARING
The public notice for item 9.1 was published in the newspaper on 09/02/2026.

The public notice for item 9.2 was published in the newspaper on 08/26/2026.

Item 9.1. First Reading by Title Only and Introduction of a Proposed Ordinance Amending Chapter 72 BICYCLES of Title VII: TRAFFIC CODE, by Amending Sections 72.04 & 72.99, and by adding new Sections 72.08 and 72.09. It is recommended that the City Council introduce and waive the first reading of a proposed ordinance amending Section 72.04 (License Fee) and Section 72.99 (Penalty), and adding Sections 72.08 (Unsafe Operation of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets), and 72.09 (Administrative Appeal) to Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Code of Ordinances Related to Bicycle Regulations.

Item 9.2. Resolution Approving an Economic Incentive Agreement with Stan Boyett & Son, Inc. for the Consolidation of All Its Sales of Energy Products Within the State Of California to Its New Headquarters At 6436 Oakdale Rd. Riverbank, CA.

10. NEW BUSINESS
Item 10.1. Interim Urgency Ordinance — Imposing a 45-Day Temporary Moratorium on the Approval of New Land Use Applications for Data Centers to Allow for the Evaluation of Potential Public Health Impacts and Land Use Regulations.

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11. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 11.1. Staff
Item 11.2. Council / Authority Member
Item 11.3. Mayor / Chair

12. ADJOURNMENT: The Next Regular Scheduled Meeting will be on Tuesday, September 22, 2026 at 6:00pm at the Riverbank Community Center

AFFIDAVIT OF POSTING
I hereby certify, under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, South City Hall public exterior Bulletin, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.

Posted this 3rd Day of September 2026
/s/Gabriela Hernandez, CMC, City Clerk

ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.

NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.

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TELECONFERENCE/VIRTUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT
PUBLIC "LIVE" VIEWING
• Government Channels: SPECTRUM — CHANNEL 2
• YouTube Live — City of Riverbank
• Via ZOOM Platform (See instructions below)

SUBMITTING PUBLIC COMMENTS FOR THE RECORD
Written comments must be received before 4:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter.

Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 p.m., please call the City Clerk's Office at (209) 863-7198 or the Administration Dept. at (209) 863- 7122.

ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 5:00 PM DEADLINE • Via Mail Service: Mail comments to City of Riverbank, Attn: City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.)
• Via Email: [email protected]
(Note: This technology is not a guaranteed method.)
o Indicate Agenda Item # in the subject line. (Call 209-863-7198 / 209-863-7122 to ensure receipt.)
• Oral Comments In-Person: The Mayor will ask the public if anyone wishes to comment, at that time you may approach the podium.
• Oral Comments Via Zoom:The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
o Using a computer — click on the “raise hand” feature in the webinar controls.

This will alert staff that you wish to speak, and you will be unmuted. o Using a Phone — press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.
o (Please make sure the volume on your device is on and that any nearby device or any nearby device is turned down.)
Teleconference Phone Number: (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM

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while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call.

Thank you.

JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/81500912873 Join by accessing website: https://zoom.us/join — enter Webinar ID: 894 4341 5826 Join by telephone: 1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 894 4341 5826 Learn about using ZOOM - Visit https://zoom.us/j/ for a free account or to download the app.

How to Use Live Spanish Translation/ Como Usar Traducción en Español En Vivo STEP 1/PASO 1 STEP 2/PASO 2 STEP 3/PASO 3
Scan QR Code Choose Spanish Language Read Captions on Device Use Headset for Audio
Escanea el código Escoja el idioma Español Lea subtítulos en su aparato Use auriculares para audio
https://attend.wordly.ai/join/LHDA-5715

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Item 6.1. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 6.1.

SECTION : PRESENTATIONS
Meeting Date: 9/8/2026
Subject: Proclamation — Hispanic Heritage Month 2026 — It is recommended that the City Council present the Proclamation in honor of Hispanic Heritage Month from September 15th to October 15th, 2026, to Riverbank small business owner Maria Moore.

From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant-Confidential

RECOMMENDATION
Proclamation — Hispanic Heritage Month 2026 — It is recommended that the City Council present the Proclamation in honor of Hispanic Heritage Month from September 15th to October 15th, 2026, to Riverbank small business owner Maria Moore.

SUMMARY
The month of September 15th to October 15th is recognized Nationally as Hispanic Heritage Month.

The City of Riverbank celebrates by distinguishing the rich history and contributions made by Hispanic and Latino individuals.

Today, over 60 million people, or 18.5 percent of the American population, are of Hispanic or Latino origin. We celebrate Hispanic Heritage Month to recognize the achievements and contributions of Hispanic American champions who have inspired others to achieve success and expressing our appreciation of our Hispanic community.

Today, we honor Maria Moore for her contributions to local economic growth, while also supporting the continued success and vitality of our community. Maria started her small business in 2017 after falling in love with handbags and accessories made by artisans in Guatemala. Maria partnered with workshops to design handbags and accessories for her online business. In October 2019, Maria opened her first storefront in Riverbank on 3rd Street. A few years later, she moved her storefront to Oakdale, and in October 2025 returned to Riverbank. The storefront provides ethically sourced products rich in culture and her well-loved Talavera pottery.

STRATEGIC PLAN
This item doesn't directly affect the Strategic Plan. Hispanic Heritage Month is important because it honors the history, culture, and vital contributions of Hispanic and Latino Americans to Riverbank.

BACKGROUND
According to the Library of Congress, the observation began in 1968 as Hispanic Heritage week under President Lyndon B. Johnson. In 1988, President Ronald Reagan expanded it to a month-long

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Item 6.1. - CC / LRA – 9/8/2026
observance by celebrating histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America. September 15 is significant because it is the anniversary for Latin American Countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. Mexico and Chile celebrate independence days on September 16 and September 18.

FINANCIAL IMPACT
No financial impact.

ATTACHMENTS

1. Hispanic Heritage Month_Proclamation 2026

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WHEREAS, The City of Riverbank is committed to continuing to build a welcoming and neighborly community, embracing diversity and fostering equity for every resident; and
WHEREAS, Latinos and Hispanics have enriched the Riverbank Community and play a vital role in Riverbank’s economy and workforce with cultural, educational, and political influences, and
WHEREAS, residents of Latino and Hispanic origin make up fifty-seven (57%) percent of the city’s population, making it the largest race or ethnic minoritized group in the City, and
WHEREAS, Latino and Hispanic Heritage Month is an opportunity to celebrate the vibrant traditions of people whose ancestry can be traced to Mexico, Central America, Caribbean Islands, South America, and Spain; and WHEREAS, the Hispanic community has had a profound influence on our City through their strong commitment to family, faith, hard work, and service; and
WHEREAS, today we honor Maria Moore for her contributions to local economic growth, while also supporting the continued success and vitality of our community. She embodies the values of service, vision, and collaboration.

NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Riverbank hereby proclaims September 15th to October 15th as Hispanic Heritage Month and invite all to celebrate the contributions that have been made to our City and our community by Hispanic Americans.

September 8, 2026
____________________
Rachel Hernandez, Mayor

CITY OF RIVERBANK
Proclamation

HISPANIC HERITAGE MONTH
SEPTEMBER 15TH - OCTOBER 15TH
Riverbank City Council:

District 1 – Luis Uribe, District 2 – Cindy Fosi, District 4 – Stacy Call, District 3 – Vice Mayor John Pimentel, Mayor Rachel Hernandez

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Item 6.2. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 6.2.

SECTION : PRESENTATIONS
Meeting Date: 9/8/2026
Subject: Presentation — Cheese and Wine Festival Update-It is recommended that the City Council receive a presentation from the Recreation Supervisor regarding updates to the Cheese and Wine Festival 2026.

From: Marisela H. Garcia, City Manager
Submitted by: David McDaniel, Recreation Supervisor

RECOMMENDATION
It is recommended that the City Council receive a presentation from the Recreation Supervisor regarding updates to the Cheese and Wine Festival 2026.

SUMMARY
The Riverbank Parks and Recreation Department is providing a presentation on the upcoming Cheese and Wine Festival that will take place in Downtown Riverbank on October 10, 2026.

STRATEGIC PLAN
This item supports the 2025-2030 Strategic Plan to Support Downtown Revitalization & Economic Development by Hosting additional City Festivals and Events.

BACKGROUND
This will be the 49th Annual Riverbank Cheese & Wine Festival. An annual celebration that has been held for over four decades in downtown that includes an array of entertainment for the entire family including: Wine Tasting Sessions, Food & Crafts: Local food vendors, valley-made crafts, produce, and spices. Car Show: Somar Car Show & Shine Classic on Santa Fe Street between 3rd and 4th Streets. Live Entertainment: Main stage performances featuring local bands and cultural acts.

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENTS
None

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Item 8.1. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 8.1.

SECTION : CONSENT CALENDAR
Meeting Date: 9/8/2026
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk

RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.

SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record. The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.

STRATEGIC PLAN
Waiver of reading supports the City's 2025-2030 Strategic Plan by promoting efficient and transparent decision-making.

BACKGROUND
The full readings are being waved to allow the City Council/LRA Board to introduce and consider the items in a timely and efficient manner. The items have been provided to the City Council/LRA Board in advance of the meeting for review.

FINANCIAL IMPACT
There is no financial impact associated with this item.

ATTACHMENTS
None

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Item 8.2. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 8.2.

SECTION : CONSENT CALENDAR
Meeting Date: 9/8/2026
Subject: Approval of the City Council and Local Redevelopment Authority Board Meeting Minutes for August 25, 2026.

From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk

RECOMMENDATION
It is recommended that the City Council/Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes for August 25, 2026.

SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meeting have been prepared for review and approval.

STRATEGIC PLAN
Preparation and approval of the meeting minutes align with the City's 2025-2030 Strategic Plan core values of transparency and accountability.

BACKGROUND
The meeting minutes provide an official record of the actions taken and discussions held during the City Council Meetings. Staff prepares the minutes in accordance with the applicable laws and established procedures, and they are presented for review and approval to ensure accuracy and transparency.

FINANCIAL IMPACT
There is no financial impact associated with this report.

ATTACHMENTS

1. Minutes_CC-LRA Meeting_08-25-2026

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CC / LRA Minutes – 8/25/2026

MEETING MINUTES
TUESDAY, AUGUST 25, 2026 — 6:00 PM
(THE AGENDA PACKET IS ONLINE AT HTTPS://RIVERBANKCA.PORTAL.CIVICCLERK.COM/)

1. CALL TO ORDER
Chair Hernandez called the meeting to order at 6:00P.M.

2. FLAG SALUTE
Vice Mayor Pimentel led the pledge of allegiance.

3. INVOCATION
Reverend Randy Richardson conducted the invocation.

4. ROLL CALL
City Clerk Hernandez conducted the Roll Call:

Members of the City Council / Local Redevelopment Authority Board present:

Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Cindy Fosi Council Member / Authority Member District 4 Stacy Call Vice Mayor / Vice Chair District 3 John Pimentel
Mayor / Chair Rachel Hernandez

5. AGENDA CHANGES
No Agenda Changes.

6. CONFLICT OF INTEREST
None Declared.

7. PRESENTATIONS
Item 7.1. Presentation - Riverbank 2026 Point-In-Time Count- It is recommended that the City Council receive a presentation on homelessness in the City of Riverbank based on the 2026 Point-In-Time Count.

City Manager Garcia gave a PowerPoint presentation on Riverbank's 2026 Homelessness Point In Time Count.

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CC / LRA Minutes – 8/25/2026

8. PUBLIC COMMENTS
Mayor Hernandez opened Public Comment at 6:16 P.M.

Randy Richardson, Assembly of God, is celebrating 100 years this year and will be fundraising at the Community Center.

Olivia Arambula, Riverbank Chamber of Commerce, extended an invitation to the upcoming Chamber of Commerce community events.

Olivia Arambula, Riverbank resident, will be hosting the Riverbank Veterans Day parade on November 11, 2026.

Carlos Verduzco, Modesto resident, will be partnering with Olivia for the Veterans Day parade.

Michael Christie, Riverbank resident, is happy to be part of the Budget Advisory Committee.

Appreciated tonight's presentation, Item 7.1.

Bianca Lopez, Riverbank resident, first spoke regarding the unpermitted task force. Secondly, she shared her opposition regarding Data Centers.

Garry Pearson, Riverbank resident, shared his observation on the homeless in our community.

Diego Hernandez, Riverbank resident, spoke about his concerns regarding the Waste Water Treatment Plant.

Roosevelt Brown, Riverbank resident, spoke about his concerns regarding the growth and the infrastructure of the City. Expressed his opposition regarding Data Centers.

Mayor Hernandez Closed Public Comment at 6:42 P.M.

9. CONSENT CALENDAR
Item 9.1. Approval of the City Council and Local Redevelopment Authority Board Meeting Minutes for:

Regular City Council Meeting June 23, 2026
Special Community Meeting July 27, 2026
Regular City Council Meeting July 28, 2026.

Item 9.2. Resolution Approving a Scope of Services to Prepare the City of Riverbank's 2025 Urban Water Management Plan (UWMP) and Updated Water Shortage Contingency Plan (WSCP) by KSN, Inc. at a cost of $58,230.00 Resolution 2026-088
Item 9.3. Resolution to Approve and Adopt Updated 2026 City of Riverbank Measure L Expenditure Plan Project List

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CC / LRA Minutes – 8/25/2026
Resolution 2026-089
There being public comments, Mayor Hernandez brought the item to City Council for consideration.

ACTION: By motion moved and seconded ( Uribe / Fosi 5/0 ) to approve the Consent Calendar as presented.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Fosi, Call, Pimentel and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None

10. UNFINISHED BUSINESS
Item 10.1. Resolution Adopting the City of Riverbank Travel and Training Policy and Recission of APP-07 Travel Policy
Assistant City Manager Alcantor, gave a comprehensive Staff Report and PowerPoint Presentation on the Travel and Training Policy with the clarifications on section 1.5 directed by City Council at the previous meeting.

City Council discussed the item with staff.

Public Comment:

Edward Jones, Riverbank resident, not in support of Item 10.1.

Bianca Lopez, Riverbank resident, to seek clarification of Item 10.1.

There being no further comments, Mayor Hernandez brought the item to City Council for consideration.

ACTION: By motion moved and seconded ( Call / Uribe 5/0 ) to approve Resolution 2026-090 adopting the City of Riverbank Travel and Training Policy and Recission of APP-07 Travel Policy.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Fosi, Call, Pimentel and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None

11. NEW BUSINESS
Item 11.1. Resolution of the City Council Approving a Professional Services Agreement with Westwood Professional Service, Inc. for Design Services for the Jackson Avenue and Stanislaus Street Neighborhood Park Project in an Amount Not to Exceed $280,302.50 and Authorizing the City Manager to Execute the Agreement.

Director of Parks and Recreation, Michael Patton gave a comprehensive staff report and PowerPoint presentation on the Professional Services Agreement for Design Services for the Jackson Avenue and Stanislaus Street Neighborhood Park Project.

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CC / LRA Minutes – 8/25/2026
City Council discussed the item with staff.

Public Comment:

Roosevelt Brown, Riverbank resident, opposed to Item 11.1.

Garry Pearrson, Riverbank resident, in support of Item 11.1.

Diego Hernandez, Riverbank resident, opposed to Item 11.1.

Michael Christie, Riverbank resident, in support of Item 11.1.

There being no further comments, Mayor Hernandez brought the item to City Council for consideration.

ACTION: By motion moved and seconded ( Fosi / Uribe 5/0) to approve Resolution 2026-091 approving the Agreement for Services with Westwood Professional Service, Inc for Design Services for Jackson Avenue and Stanislaus Street Neighborhood Park.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Fosi, Call, Pimentel and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2. Resolution of Concurrence and Support of the Fiscal Year 2025-2026 Stanislaus Urban County and Stanislaus HOME Consortium Consolidated Annual Performance and Evaluation Report (CAPER)
Housing Specialist Caratachea, gave a comprehensive staff report and PowerPoint presentation on the Fiscal Year 2025-2026 Stanislaus Urban County an Stanislaus HOME Consortium Consolidated Annual Performance and Evaluation Report (CAPER).

City Council discussed the item with staff.

There being no further comments, Mayor Hernandez brought the item to City Council for consideration.

ACTION: By motion moved and seconded ( Fosi / Uribe 5/0) to approve Resolution 2026-092 concurrence and support of the Fiscal Year 2025-2026 Stanislaus Urban County and Stanislaus HOME Consortium Consolidated Annual Performance and Evaluation Report (CAPER)
Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Fosi, Call, Pimentel and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None

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CC / LRA Minutes – 8/25/2026
Item 11.3. Discussion of the 2026 Cal Cities Annual Conference Resolution and Provide Direction to Voting Delegates
City Manager Garcia gave a comprehensive Staff Report and Power Point Presentation on the 2026 Cal Cities Annual Conference Resolution.

City Council discussed item with Staff.

There being no public comments, Mayor Hernandez brought the item back for consideration.

ACTION: Direction was provided to the Representatives Primary Councilmember Call and Alternate Mayor Hernandez to support the Resolution on behalf of the City of Riverbank at the 2026 Cal Cities General Assembly.

12. COMMENTS/REPORTS
Item 12.1. Staff
City Manager Garcia:
• From our finance department. We are pleased to share that our new utility platform called Community Connect, is now available. So that means we will begin to transition away from Express Bill Pay. Customers can visit: riverbankca.ourcommunityconnect.com, which will be available on our website now to create their accounts and begin familiarizing themselves with the new portal. Because we're still in the transition process, some of the features are not yet fully active, so you'll just kind of be able to get in there to get a feel for it. But full implementation of the platform is expected by November 1st. As part of the rollout, residents will receive a flier on their September 1st utility bill informing them of the new payment portal with instructions on how to get started. So please be sure not to throw that away. A digital copy will also be posted, of course, on our city's website and shared through our social media platforms. To make the transition as smooth as possible. We will still continue to take payments through express bill pay. We will not just cut you off arbitrarily so that we make sure that your payments are still coming in, so that it will provide residents with sufficient time to establish their new accounts and be familiar with this new software. Following full implementation of the November 1st deadline, we'll continue that transition payment. So we will officially phase out express bill pay by December 31st. So we're excited about the new improvements the platform will provide. It will make your account management much easier and payments much more user-friendly. And it actually will also allow us to expand the type of payments customers can make online. And that will include our business licensing and other city payments that are not currently available through express bill pay.

Item 12.2. Council / Authority Member
Vice Mayor Pimentel:
• I had a meeting with Bristol Hospice, Ramon de la Torre, and he said, Thank you for opening Roselle Avenue. It's beautiful. And for some of the clients, it's very important to get there in 20 minutes and not 40 minutes. So he said, Thank you to everyone that worked on the roads.

And he said, Great job.

Councilmember Uribe:

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CC / LRA Minutes – 8/25/2026
• So the Chamber mentioned a ton of amazing events coming up. This Thursday, August 27th, we got the new Grocery Outlet coming at 10 a.m. The owner operator, Angela, has been involved in the community already. She's connected with food sharing and is already supporting them. She's doing a ton of giveaways that day. So I hope to see you guys there.

And then after all you're shopping, go home, unpack. Then later that night, go out to Red Robin at 5:30pm. Francis, everybody knows how involved and how supportive he is in the community. So let's go out and just show him that love. • I have been doing my homework on the upcoming agenda Item for River Walk. I have set meetings with all department heads. It is going to be September 1st, 9:00a.m. I'm meeting with anybody and everybody. Please reach out to 209-719-9255. I want to hear your thoughts, share your concerns, share your comments. I'm here to listen to anybody and everybody wants to be as informed as I can. So when I get on the dais and have to make a decision, I just want to make sure I have vetted every corner.

Councilmember Fosi:
• I would like to reiterate John's comment about Roselle being open, as I live right off of Roselle. Yes, I'm very excited about it. Now, when I go to Modesto, I don't have to deal with a lot of traffic.
• The Riverbank Women's Group will be starting their meetings again on September 15th at Scout Hall at 6:30 p.m. If you would like to join, we'd love to have you. • There have been a lot of comments made about the feasibility study, and I just want to let you know that it is still moving forward and in September we should have some documents to look at, so we can review them. And it will be coming to the Council in October. I am looking forward to this and I know Luis is too. Moving that forward and actually hearing what we can do, and I'm excited about that.

Councilmember Call:
• On August 5th, I attended the Project Resolve committee meeting, and for those who are not familiar with Project Resolve, it has community leaders from different nonprofit groups and law enforcement. We had a good mix at this last meeting of Highway patrol, which we do get Highway patrol, but not frequently. The Sheriff's department, Ceres PD, was out there, Turlock PD, Modesto PD, of course, because it was at there facility, and we did different stations on different topics, key items. My big takeaway was the mental health and crisis management.

When officers are responding to those emergency calls, we reviewed the behavioral health involvement in these calls and then the process for crisis follow up. The biggest takeaway that I had in this is the need for 24/7 behavioral health, whether it be telehealth or in-person, folks to come visit homes after these calls are made. So I just wanted to stress that these are conversations that are happening. We're aware of these, and we're continuing to move the needle forward to bridge that gap and make sure that the community is being serviced appropriately.
• I went to our Non-district East Ad Hoc committee on the 10th, where we met the Geosyntec consultant and Savannah, who's going to be doing the accounting implementation. We talked about the unbiased review from the Geosyntec consultant, as well as process and objectives, where they discussed some of the lessons that we learned from the East Turlock Subbasin, GSA, and then the foundational elements to developing a process to be implemented in 2027 to help the Non-district East community and the water usage. Our next meeting is actually tomorrow at 10 a.m. right now, with the tight timeline that we're working on, it looks like we're going to be meeting every other week or every three weeks. So it's going to get very jam packed as far as our meetings go. Very demanding but the Board of Supervisors Terry

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CC / LRA Minutes – 8/25/2026
Withrow and Buck Condit are very committed to ensuring that we are ready for that 2027 deadline and implementation process.
• We talked about the Community Connect replacing the express bill pay. I know there's going to be letters in the statements. I would like council support in requesting a bilingual training on the new portal, whether we do an English session and a Spanish session. I know that's a big ask and it comes with resources from staff and time, but we have a large population of folks who, I don't check the mail, I check it every four weeks. I know that's not good, but I do. And there are other folks who don't who are the bill payers who don't get the mail. So I just think that we would be doing a huge service to our community and hosting some sort of educational seminar for those who are not as tech savvy.
• I am going to be missing the Grocery Outlet ribbon cutting, but I promise to represent our community well at the Ag Water Forum in Turlock. And then I was invited to a Turlock Irrigation District tour afterward. So I'm going to be taking part in that. • 108 Sports Lounge is hosting the 3rd annual comedy for a cause this November 14th. Every year we have progressed on the money that we've raised. The first year was a little over $1000. Then it was a little over $2000. So, of course, naturally I want to double that to $4000.

So I'm really excited to hit that glass ceiling.

Item 12.3. Mayor / Chair
Mayor Hernandez:
• I want to go back to your comment about the bilingual training. I'd love to support that as well and would welcome another Councilmember to support it.
• Councilmember Fosi: I'll support it.
• Mayor Hernandez: Thank you for that. I was hoping.
• I want to focus my comment today on Data Centers, we've seen other cities, both locally and across the State and Country, actually go through kind of reactive phase of having, for lack of a better word, local control over the type of center that comes to their communities. And I feel strongly about this. If we're not proactive now, we are going to be reactive later. So I want to propose a moratorium on Data Centers and the like. It's our responsibility to create policy for residents that protects them and our growth with the inconsistency we've seen with Data Centers in and around our cities and support that, we give ourselves time and information. So that means that any Data Center approaching our city has to come through us first, as a Council, with no exceptions, we must set the highest standards for residents living here today and in the future. So this is about ensuring progress and that it continues for residents on our terms and with absolute best interests of the city and its resources and future in mind. So I'm going to pause in a second to ask my Councilmembers and fellow Councilmembers to give our City Manager direction right now to bring back an item regarding a moratorium on Data Centers and their equivalent, along with draft language about ensuring a standard that includes the highest labor union expectations. Things like full transparency on community benefits, including a potential new tax funding agreement like we have with our cannabis dispensaries, environmental accountability, a fully planned community outreach plan that's mandated for each and energy sustainability that ensures ratepayers are fully protected so that we're not carrying the burden. So I'm going to pause for a second. I would love the support from Councilmembers to consider an item like this, or discuss an item like this. • Councilmember Call: From the discussion point. What is our code? Do we have a municipal code in place regarding Data Centers?
• City Manager Garcia: Currently there is no municipal code that specifically bans or permits a Data Center, so there is a process that they would have to go through. It's basically like a

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conditional use permit process that would go through. So they would have to come to the Planning Commission, submit an application, work with the Planning Department to be able to get all of their documentation, CEQUA analysis, etc. and be able to come and present that to Planning Commission, and then their recommendation would come forward to City Council.

So that's kind of the current process that they would have to go through. • Councilmember Call: On the conditional use Permit process, I know not all conditional use permits come to council. And if a Data Center were to apply for a conditional use permit in Riverbank, would that specific type of conditional use permit have to come to Council regardless?
• City Manager Garcia: So not all of them will have to if they're zoning already allows for it. If the use of the Data Center is secondary to the primary use. For example, if let's say it's a telecommunications company, and they're going to have a Data Center that's going to support their Telecommunications Services, then that doesn't have to come to city council. So there are uses that, if they're secondary to a primary use, would not require any council or even Planning Commission approval.
• Councilmember Fosi: I just would like to say, as I have stated before, I would like more research done, and I would agree with Rachel that we need a workshop on AI Data Centers.

It's become a big issue, and I want to make sure we're ahead of the curve instead of behind it.
• Councilmember Uribe: So question for staff. So I was actually having a discussion with a developer who, I have been here since 2009, but they were saying that there was already some kind of business at the RIC that was mining Bitcoin at the RIC, Is that true? Was that a Data Center? Like is there any facts of that?
• City Manager Garcia: That's actually true. So in 2014, the Executive Director of the LRA at that time signed an agreement, a lease agreement with a company called AQH. And so they were in existence until about 2018, 2019, when they went bankrupt. • Mayor Hernandez: So, there's a lot of inconsistencies, potential loopholes and my request tonight is that we discuss a moratorium so that we're able to set high standards for our residents and for Data Centers and the like to come to the City. • Councilmember Uribe: So I don't like that there is loopholes, right? I would like to see something come to Council. So,we can have that discussion. I don't know if like just a conditional use permit would be appropriate. I would have to see more information on that. • Councilmeber Call: I see where you're headed with a moratorium. My concern is that we have other steps that you would take prior to a moratorium. And one, the educational piece to data gathering, essentially and what that looks like. I do think there's a lot of misleading information regarding Data Centers, but I also do think there's a lot of factual information out there regarding Data Centers. So being able to have a professional kind of filter us through a unbiased professional, I would say to go to that point, we may be in more need of an ordinance towards Data Centers or a way to construct something regarding square footage and having some regulation on that and conditional use permit process. I'd like to see the Council more involved in the conditional use process when it comes to, I guess at this point telecommunications since that's being included in a Data Center, but I don't know that at this point a moratorium would be really justified, because there really hasn't been big chatter on something like that. But I would like to see more information, unbiased information and educational information come forward to Council. Before I commit to saying, yes, I'd like to move forward with that.
• Councilmember Uribe: I think most of the Council would agree with that as well. • Mayor Hernandez: So, just to clarify, moratorium is a temporary pause on building out a Data Center and the like, so that we can have those conversations and educate ourselves and not

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find ourselves like, oh, there was a loophole that we didn't catch, you know, while we were having these discussions to be able to decide what kind of ordinance. • Councilmember Uribe: So I think as we are working towards the path of educating ourselves and that way the public is also educated. If that's if that's the purpose of the moratorium, I would support that.
• Councilmember Call: I would support it with a time frame so that it requires us to move forward and not drag our feet on it as well for the sake of the businesses also, who may not classify as a Data Center, but could be perceived as a Data Center, so I would want to make sure it's a timely moratorium if I were to support that. • Councilmember Uribe: Yeah, I think that is a fair ask. • City Manager Garcia: There's actually State law that requires that. • City Attorney Hallinan: We could have a 45-day emergency moratorium to research the effects of AI on public health and safety to make sure there's not an emergency? Now, in that time period, if somebody came, we would process the applications. Nothing would be approved, though, because the moratorium would be in effect. Then, if you find that there are severe detrimental effects, the public health and safety, you could potentially extend that and then build your ordinance based on that information as well. • Councilmember Call: I would be good with an emergency moratorium in that regard. And then making sure that we support that we put something on the agenda soon. • City Manager Garcia: So with that, the process would be an interim urgency moratorium ordinance that we would bring forward. There's specific government code that allows us to bypass the traditional public hearing, public noticing requirements, so that we can bring this item before you at the next City Council meeting.
• Councilmember Call: And all praise to you for staying ahead of it and getting ahead of it, because I've watched a few meetings recently. So good. Good looking out.

13. CLOSED SESSION
Item 13.1. CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION Significant Exposure to Litigation (Pursuant to Govt. Code § 54956.9(d)) Number of Potential Cases:1
There being no Public Comments, Mayor Hernandez motioned to Closed Session at 8:13P.M.

Reconvened from Closed Session at 8:51P.M.

14. REPORT FROM CLOSED SESSION
Item 14.1. Report from Closed Session Item 13.1
CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION
Significant Exposure to Litigation (Pursuant to Govt. Code § 54956.9(d)) Number of Potential Cases: 1
ACTION: Direction was provided to staff.

15. ADJOURNMENT

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There being no further business, Mayor/ Chair Hernandez adjourned the regular meeting at 8:51P.M. to the next regular scheduled City Council/LRA Meeting of Septemeber 8, 2026 at 6:00P.M.

ATTEST: (Adopted 00/00/0000) APPROVED:
____________________________________
Gabriela Hernandez, CMC
City Clerk / LRA Recorder
____________________________________
Rachel Hernandez
Mayor/Chair

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Item 9.1. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 9.1.

SECTION : PUBLIC HEARING
Meeting Date: 9/8/2026
Subject: First Reading by Title Only and Introduction of a Proposed Ordinance Amending Chapter 72 BICYCLES of Title VII: TRAFFIC CODE, by Amending Sections 72.04 & 72.99, and by adding new Sections 72.08 and

72.09. It is recommended that the City Council introduce and waive the first reading of a proposed ordinance amending Section 72.04 (License Fee) and Section 72.99 (Penalty), and adding Sections 72.08 (Unsafe Operation of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets), and 72.09 (Administrative Appeal) to Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Code of Ordinances Related to Bicycle Regulations.

From: Marisela H. Garcia, City Manager
Submitted by: Edward Ridenour, Chief of Police

RECOMMENDATION
It is recommended that the City Council introduce and waive the first reading of a proposed ordinance amending Section 72.04 (License Fee) and Section 72.99 (Penalty), and adding Sections

72.08 (Unsafe Operation of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets), and 72.09 (Administrative Appeal) to Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Code of Ordinances Related to Bicycle Regulations.

SUMMARY
Based on previous direction by the City Council, staff is bringing forward this consideration and adoption of an ordinance amending Section 72.04 (License Fee) and Section 72.99 (Penalty), and adding Sections 72.08 (Unsafe Operation of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets), and 72.09 (Administrative Appeal) to Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Code of Ordinances Related to Bicycle Regulations. These updates are intended to address growing safety concerns about the unsafe operation of bicycles, electric bicycles (e-bikes), and motorized devices in public parks, trails, sidewalks, off-street parking facilities, and our streets.

STRATEGIC PLAN
This item supports the City Council's Goal to Support Public Safety.

BACKGROUND
Riverbank Police Services has identified growing issues within public spaces related to the unsafe and reckless operation of bicycles, e-bikes, and various motorized devices. Complaints include excessive speeds, unsafe behavior near pedestrians, street takeovers, property damage, and hazardous operation in the City, including our roadways, off-street parking facilities, and our parks

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Item 9.1. - CC / LRA – 9/8/2026
and recreational areas.

On June 9, 2026, Riverbank Traffic Deputy Orr provided a bicycle safety presentation to the City Council. The presentation outlined key rules of the road for bicycles, e-bikes, and e-motorcycles, and included an overview of the current municipal code related to bicycle operation. Deputy Orr also discussed recent calls for service and incident data involving bicyclists riding recklessly, including unsafe maneuvers such as riding wheelies toward vehicles and pedestrians. These behaviors have prompted increased safety reminders and consideration of updated regulatory measures. Deputy Orr additionally shared examples of actions taken by nearby jurisdictions and the impacts those measures have had on improving safety and reducing problematic behavior.

On July 27, 2026, during a Special Council Meeting, Chief Ridenour delivered an informational presentation to the City Council and the public regarding bicycle safety awareness and emerging community concerns. The presentation covered recent trends and incidents involving bicyclists, current safety challenges, education and outreach efforts, enforcement activities, and recommendations intended to support safe interactions among bicyclists, motorists, and pedestrians.

The information provided was intended to help the Council evaluate potential future ordinance updates and strategies to improve overall community safety.

The current Municipal Code lacks a dedicated section addressing these behaviors, limiting enforcement capability and impound authority. As outlined in the proposed ordinance, establishing Sections 72.08 and 72.09 will provide clear definitions, prohibited conduct, enforcement options, and administrative appeal processes.

Section 72.04 is revised to adjust the annual license fee from $2 to $4, reflecting updated operational needs and consistency with Cal. Vehicle Code §39004.

Additionally, Section 72.99 is revised to clarify that the penalty applies to Sections 72.01, 72.03,

72.05, 72.06, and 72.07. There is no change to the current penalty amount.

Notable Code Updates
Amendment of Section 72.04 – License Fee
• Updates annual bicycle license fee from $2 to $4.
• Maintains provisions for transfer, replacement, and renewal fees. • Consistent with existing fee schedule and state law.

Amendment of Section 72.99 – Penalty
Adds clarification to the penalties section of this code and where the penalty applies. The penalty is applicable to sections:
• 72.01, 72.03, 72.05, 72.06, and 72.07.
• No change to the current penalty amount.

Addition of Section 72.08 – Unsafe Operations of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets.

Creates a comprehensive regulation governing unsafe, reckless, or hazardous operation of bicycles, e-bikes, and motorized devices in public parks, trails, sidewalks, streets, and off-street parking areas.

Provisions include:

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Item 9.1. - CC / LRA – 9/8/2026
• Definitions of bicycles, e-bikes, motorized devices, and public areas. • Prohibited conduct, including excessive speed, failure to yield, stunts, off-path riding, and conduct that creates collision risks or property damage. • Authority for peace officers to seize and impound devices for up to 30 days under specified conditions.
• Administrative review process for owners seeking release of impounded devices. • Fee responsibility for impound costs.

Addition of Section 72.09 – Administrative Appeal
Establishes an appeal process for impound actions under Section 72.08, including:
• 10-day window to request an appeal hearing.
• Hearing conducted by a Riverbank Police Services supervisor. • Further appeal to the Chief of Police, whose decision is final.

FINANCIAL IMPACT
The ordinance is not expected to have significant fiscal impacts. Increased license fees may provide only a minor additional amount of General Fund revenue. Enforcement and administrative hearing responsibilities will be carried out by existing staff.

ATTACHMENTS

1. Ordinance_Chapter 72_Bicycles_Redline Changes_2026

2. Ordinance_Chapter 72_Bicycle Ordinance Update_2026_Final

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CHAPTER 72: BICYCLES
Section

72.01 License required

72.02 Application

72.03 Metallic license plate

72.04 License fee

72.05 Requirements for second hand bicycle dealers

72.06 Duty when selling or transferring ownership

72.07 Mutilating or destroying license plate

72.08 Unsafe operations of bicycle and motorized devices in public parks and trails, sidewalks, and streets

72.09 Administrative Hearing

72.99 Penalty
§ 72.01 LICENSE REQUIRED.

It shall be unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highway of the city, without first obtaining from the Riverbank Police Services Division a license therefor. (`67 Code, § 9-3-1) (Ord. 108, passed 11-10-52) Penalty, see § 72.99 § 72.02 APPLICATION.

The Riverbank Police Services Division is hereby authorized and directed to issue upon written application, bicycle licenses which shall be effective from January 1, 1980 and effective thereafter. The licenses shall be issued for a period of three years and the licenses must be procured on or before February 1 after each three-year period. The licenses when issued, shall entitle the licensee to operate such bicycle for which said license has been issued, upon all the streets, alleys and highways, exclusive of the sidewalks thereof.
(`67 Code, § 9-3-2)
§ 72.03 METALLIC LICENSE PLATE.

The city shall provide each year metallic license plates and seals, together with registration cards. The metallic license plates and seals shall have printed on them consecutive numbers assigned by the State Department of Motor Vehicles. The license plates shall be attached to the frame of each bicycle licensed. It shall be the duty of the Riverbank Police Services Division to attach the license plate to each bicycle licensed, and to issue a corresponding registration card to the licensee upon the payment of the license fee herein provided for. The metallic license plate shall remain attached during the existence of the license. The Riverbank Police Services Division shall also keep a record of the date of issue of each license, to whom issued, and the number thereof. (`67 Code, § 9-3-3) (Ord. 80-2, passed 2-11-80) Penalty, see § 72.99 § 72.04 LICENSE FEE.
(A) The annual license fee to be paid for each bicycle shall be as follows:
(1) For each new bicycle license and registration certificate, the sum shall not exceed $24 per year or any portion thereof;
(2) For each transfer of registration certificate, the sum shall not exceed $1; (3) For each replacement of a bicycle license or registration certificate, the sum shall not exceed $1; and
(4) For each bicycle license renewal, the sum shall not exceed $1 per year.

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(B) All license fees collected under this chapter shall be paid into the general fund of the city. The license fees may be changed from time to time by resolution of the City Council in accordance with the provisions of Cal. Veh. Code § 39004. (`67 Code, § 9-3-7) (Ord. 80-2, passed 2-11-80)
§ 72.05 REQUIREMENTS FOR SECOND HAND BICYCLE DEALERS.
(A) All persons engaged in the business of buying second-hand bicycles in the city are hereby required to make a weekly report to the Riverbank Police Services Division, giving the name and address of the person from whom each bicycle is purchased, the description of each bicycle purchased, the frame number thereof, and the number of the metallic license plate found thereon, if any.
(B) All persons engaged in the business of selling new or second hand bicycles are hereby required to make a weekly report to the Riverbank Police Services Division, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold, the kind of bicycle sold, together with a description and frame number thereof, and the number of the metallic license plate attached thereto, if any.
(`67 Code, § 9-3-4) Penalty, see § 72.99
§ 72.06 DUTY WHEN SELLING OR TRANSFERRING OWNERSHIP.

It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the Riverbank Police Services Division the registration card issued to such person as licensee thereof, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made within ten days of the date of the sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor within ten days of the sale or transfer.
(`67 Code, § 9-3-5) Penalty, see § 72.99
§ 72.07 MUTILATING OR DESTROYING LICENSE PLATE.

It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter. It shall also be unlawful for any person to remove, destroy, mutilate or alter any license plate, seal, or registration card during the time in which such license plate seal or registration card is operative, provided, however, that nothing in this chapter shall prohibit the Riverbank Police Services Division from stamping numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes.
(`67 Code, § 9-3-6) (Ord. 108, passed 11-10-52) Penalty, see § 72.99 § 72.08 UNSAFE OPERATIONS OF BICYCLE AND MOTORIZED DEVICES IN PUBLIC PARKS AND TRAILS, SIDEWALKS, AND STREETS.
(A) Purpose.

The purpose of this section is to protect public safety, prevent damage to City property, and ensure the safe use of public parks and trails, sidewalks, and streets by regulating the unsafe and reckless operation of bicycles and motorized devices. (B) Definitions
(1) “Bicycle” shall have the same meaning as defined in California Vehicle Code §231.

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(2) “Electric Bicycle (E-Bike)” shall have the same meaning as defined in California Vehicle Code §312.5, including Class 1, Class 2, and Class 3 E-bikes. (3) “Motorized Device” means any device powered by a motor, including but not limited to electric bicycles, motorized scooters, minibikes, and similar devices. “Motorized Device” does not include a mobility device used by a person with a disability, a city-authorized maintenance or service vehicle, or any device expressly excluded by state law.
(4) “Public Park or Trail” means any park, open space, recreational area, pathway, or trail owned, operated, or maintained by the City of Riverbank. (5) “Street" is intended to include avenue, court, way, drive, or other principal public means of access to buildings, enclosures, or alleys. (6) “Off-Street Parking Facility” any off-street facility held open for use by the public for parking vehicles and includes any publicly owned facilities for off-street parking, and privately owned facilities for off-street parking where no fee is charged for the privilege to park, and which are held open for the common public use of retail customers.
(C) Prohibited Conduct
(1) No person shall operate any bicycle, E-bike, or motorized device in a public park or on a trail, sidewalk, street, or off-street parking facility in a manner that demonstrates willful or wanton disregard for the safety of persons or property. (2) No person shall operate a motorized device in any area of a park, except where motorized devices are allowed to operate.
(3) Unsafe operation includes, but is not limited to: excessive speed for conditions, failing to yield to pedestrians, operating in a manner that creates a collision hazard, any unsafe operation in the California Vehicle Code, performing stunts, tricks, or exhibition riding, operating off designated paths causing damage to landscaping or trails, and towing persons or objects in an unsafe manner. (D) Authority to Seize and Impound
(1) Any bicycle, electric bicycle, or motorized device used in violation of this section may be seized and removed by a peace officer.
(2) A bicycle or motorized device may be impounded for a period not to exceed thirty (30) days when:
• The violation involves reckless or unsafe operation as described in subsection (C); or
• The conduct creates a risk to public safety; or
• The operator is a repeat violator (two or more violations of this section in a 12- month period); or
• The violation results in damage or is likely to cause damage to public or private property.
(3) Impoundment under this section is an administrative action intended to protect public safety and deter continued violations.
(E) Release and Administrative Review
(1) The owner of a seized bicycle or motorized device shall be entitled to a post seizure administrative hearing to contest the validity of the impound.

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(2) The bicycle or motorized device shall be released prior to the expiration of the impound period upon a showing of good cause, as determined by the hearing officer.
(3) Riverbank Police Service shall provide notice within forty-eight (48) hours of impound, excluding weekends and holidays, that the owner is entitled to post-seizure hearing under subsection (E)(1). If the motorized device is classified as a motorcycle under the California Vehicle Code, notice shall instead be provided pursuant to California Vehicle Code section 22852.
(4) Owners must request a hearing within 10 days of a device being stored or impounded. Any person requesting an administrative hearing regarding the impoundment of a bicycle or motorized device shall submit, at the time the hearing request is filed, a deposit in an amount equal to fifty percent of the total vehicle release fee. The required deposit must be submitted within ten (10) calendar days of the date of notice of impoundment.
(5) Failure to remit the deposit within the prescribed ten (10)-day filing period shall render the hearing request incomplete and untimely. An incomplete or untimely request shall not be accepted, and no hearing shall be scheduled. (F) Fees.

The owner is responsible for all reasonable costs related to the impound, including administrative, storage, and processing fees. This administrative fee shall be the same as the vehicle release fee established by Riverbank Police Services. (G) Exceptions.

This section shall not apply to:
• Authorized City personnel performing official duties. • Emergency responders.
• Individuals operating devices as part of a permitted event approved by the city. (H) Enforcement.

This section may be enforced by any peace officer or authorized code enforcement officer.
§ 72.09 ADMINISTRATIVE APPEAL.
(A) Requesting an appeal hearing.
(1) Any impound may be contested by the vehicle owner by filing an appeal hearing request with Riverbank Police Services within 10 days of the date of the impound.
(B) Hearing Officer. The appeal shall be heard by a police supervisor within Riverbank Police Services.
(1) After consideration of all testimony and evidence submitted at the hearing, the Hearing Officer shall issue a decision to uphold, modify, or reverse the impound, and shall state the reasons therefore.
(C) Finality of the appeal's decision.
(1) If an appellant is not satisfied with the action of the Hearing Officer, a request for an appeal hearing before the Chief of Police may be made by filing an appeal request with Riverbank Police Services within ten calendar days following the date of the Hearing Officer's decision.

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(2) The Chief of Police is the final reviewing authority and no further administrative appeal is applicable. This subsection does not limit any right to seek judicial review as otherwise provided by law.
§ 72.99 PENALTY.

Every person violating any provisions of this chapterSection 72.01, 72.03, 72.05,

72.06, and 72.07 shall be fined not more than $10.

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CITY OF RIVERBANK
ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AMENDING SECTION 72.04, LICENSE FEE, AND SECTION 72.99, PENALTY, AND ADDING SECTIONS 72.08, UNSAFE OPERATION OF BICYCLE

AND MOTORIZED DEVICES IN PUBLIC PARKS AND TRAILS, SIDEWALKS, AND STREETS, AND 72.09, ADMINISTRATIVE APPEAL, TO CHAPTER 72, BICYCLES,

OF TITLE VII, TRAFFIC CODE, OF THE RIVERBANK CODE OF ORDINANCES

RELATED TO BICYCLE REGULATIONS
WHEREAS, Chapter 72 of Title VII of the Riverbank Municipal Code governs the licensing, registration, and identification of bicycles operated within the City of Riverbank; and
WHEREAS, the California Legislature has amended California Vehicle Code Section 39004 to increase the maximum annual bicycle license fee that a local agency may charge from two dollars ($2) to four dollars ($4), and the City Council desires to amend Section 72.04 of the Riverbank Municipal Code to conform to this statutory change; and
WHEREAS, the City Council has received reports of an increase in unsafe, reckless, and hazardous operation of bicycles, electric bicycles, and other motorized devices on the City’s public parks, trails, sidewalks, and streets, resulting in risks to public safety and damage to public and private property; and
WHEREAS, the City Council finds that it is necessary and in the interest of the public health, safety, and welfare to prohibit the unsafe operation of bicycles, electric bicycles, and motorized devices within the City, and to authorize the seizure and impoundment of such devices under appropriate circumstances as a deterrent to continued violations; and
WHEREAS, the City Council further finds that it is necessary to establish a fair and orderly administrative hearing and appeal process by which the owner of a seized or impounded bicycle, electric bicycle, or motorized device may contest the validity of the impound.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES ORDAIN AS FOLLOWS:

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4934-2840-9799, v. 2
SECTION 1. Section 72.04, License Fee, of Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 72.04 that shall read as follows:
§ 72.04 LICENSE FEE.
(A) The annual license fee to be paid for each bicycle shall be as follows:
(1) For each new bicycle license and registration certificate, the sum shall not exceed $4 per year or any portion thereof;
(2) For each transfer of registration certificate, the sum shall not exceed $1; (3) For each replacement of a bicycle license or registration certificate, the sum shall not exceed $1; and
(4) For each bicycle license renewal, the sum shall not exceed $1 per year. (B) All license fees collected under this chapter shall be paid into the general fund of the city. The license fees may be changed from time to time by resolution of the City Council in accordance with the provisions of Cal. Veh. Code § 39004.

SECTION 2. Section 72.99, Penalty, of Chapter 72, Bicycles, of Title VII, Traffic Code, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 72.99 that shall read as follows:
§ 72.99 PENALTY.

Every person violating Section 72.01, 72.03, 72.05, 72.06, and 72.07 of this chapter shall be fined not more than $10.

SECTION 3. Section 72.08, Unsafe Operations of Bicycle and Motorized Devices in Public Parks and Trails, Sidewalks, and Streets, of Chapter 72, Bicycles, of Title VII, Traffic Code, shall be added to the Riverbank Municipal Code and shall read as follows:
§ 72.08 UNSAFE OPERATIONS OF BICYCLE AND MOTORIZED DEVICES IN PUBLIC PARKS AND TRAILS, SIDEWALKS, AND STREETS.
(A) Purpose.

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4934-2840-9799, v. 2
(B) Definitions
(1) “Bicycle” shall have the same meaning as defined in California Vehicle Code §231.
(2) “Electric Bicycle (E-Bike)” shall have the same meaning as defined in California Vehicle Code §312.5, including Class 1, Class 2, and Class 3 Ebikes. (3) “Motorized Device” means any device powered by a motor, including but not limited to electric bicycles, motorized scooters, minibikes, and similar devices. “Motorized Device” does not include a mobility device used by a person with a disability, a city-authorized maintenance or service vehicle, or any device expressly excluded by state law.
(4) “Public Park or Trail” means any park, open space, recreational area, pathway, or trail owned, operated, or maintained by the City of Riverbank. (5) “Street" is intended to include avenue, court, way, drive, or other principal public means of access to buildings, enclosures, or alleys. (6) “Off-Street Parking Facility” any off-street facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for off-street parking where no fee is charged for the privilege to park, and which are held open for the common public use of retail customers.
(C) Prohibited Conduct
(1) No person shall operate any bicycle, E-bike, or motorized device in a public park or on a trail, sidewalk, street, or off-street parking facility in a manner that demonstrates willful or wanton disregard for the safety of persons or property. (2) No person shall operate a motorized device in any area of a park, except where motorized devices are allowed to operate.
(3) Unsafe operation includes, but is not limited to: excessive speed for conditions, failing to yield to pedestrians, operating in a manner that creates a collision hazard, any unsafe operation in the California Vehicle Code, performing stunts, tricks, or exhibition riding, operating off designated paths causing damage to landscaping or trails, and towing persons or objects in an unsafe manner.
(D) Authority to Seize and Impound

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4934-2840-9799, v. 2
(1) Any bicycle, electric bicycle, or motorized device used in violation of this section may be seized and removed by a peace officer.
(2) A bicycle or motorized device may be impounded for a period not to exceed thirty (30) days when:
• The violation involves reckless or unsafe operation as described in subsection (C); or
• The conduct creates a risk to public safety; or
• The operator is a repeat violator (two or more violations of this section in a 12-month period); or
• The violation results in damage or is likely to cause damage to public or private property.
(3) Impoundment under this section is an administrative action intended to protect public safety and deter continued violations.
(E) Release and Administrative Review
(1) The owner of a seized bicycle or motorized device shall be entitled to a post seizure administrative hearing to contest the validity of the impound. (2) The bicycle or motorized device shall be released prior to the expiration of the impound period upon a showing of good cause, as determined by the hearing officer.
(3) Riverbank Police Service shall provide notice within forty-eight (48) hours of impound, excluding weekends and holidays, that the owner is entitled to post-seizure hearing under subsection (E)(1). If the motorized device is classified as a motorcycle under the California Vehicle Code, notice shall instead be provided pursuant to California Vehicle Code section 22852. (4) Owners must request a hearing within 10 days of a device being stored or impounded. Any person requesting an administrative hearing regarding the impoundment of a bicycle or motorized device shall submit, at the time the hearing request is filed, a deposit in an amount equal to fifty percent of the total vehicle release fee. The required deposit must be submitted within ten (10) calendar days of the date of notice of impoundment. (5) Failure to remit the deposit within the prescribed ten (10)-day filing period shall render the hearing request incomplete and untimely. An incomplete or untimely request shall not be accepted, and no hearing shall be scheduled.

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4934-2840-9799, v. 2
(F) Fees.

This section may be enforced by any peace officer or authorized code enforcement officer.

SECTION 4. Section 72.09, Administrative Appeal, of Chapter 72, Bicycles, of Title VII, Traffic Code, shall be added to the Riverbank Municipal Code and shall read as follows:
§ 72.09 Administrative Appeal.
(A) Requesting an appeal hearing. Any impound may be contested by the vehicle owner by filing an appeal hearing request with Riverbank Police Services within 10 days of the date of the impound.
(B) Hearing Officer. The appeal shall be heard by a police supervisor within Riverbank Police Services. After consideration of all testimony and evidence submitted at the hearing, the Hearing Officer shall issue a decision to uphold, modify, or reverse the impound, and shall state the reasons therefor. (C) Finality of the appeal's decision.
(1) If an appellant is not satisfied with the action of the Hearing Officer, a request for an appeal hearing before the Chief of Police may be made by filing an appeal request with Riverbank Police Services within ten calendar days following the date of the Hearing Officer's decision.
(2) The Chief of Police is the final reviewing authority, and no further administrative appeal is applicable. This subsection does not limit any right to seek judicial review as otherwise provided by law.

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4934-2840-9799, v. 2
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

SECTION 6: This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.

The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on __________, 2026. Said ordinance was given a second reading by title only and adopted.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the ____ day of ____________, 2026; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council _____ vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:

_________________________ __________________________
Gabriela Hernandez Rachel Hernandez
City Clerk Mayor
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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Item 9.2. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 9.2.

SECTION : PUBLIC HEARING
Meeting Date: 9/8/2026
Subject: Resolution Approving an Economic Incentive Agreement with Stan Boyett & Son, Inc. for the Consolidation of All Its Sales of Energy Products Within the State Of California to Its New Headquarters At 6436 Oakdale Rd. Riverbank, CA.

From: Marisela H. Garcia, City Manager
Submitted by: Marisela Garcia, City Manager

RECOMMENDATION
Council to consider adopting a Resolution approving an Economic Incentive Agreement with Stan Boyett & Son, Inc. for the consolidation of all its sales of energy products within the State of California to its new headquarters at 6436 Oakdale Rd. Riverbank, CA; and make findings of consistency with Section 53083 of the Government Code (AB 562).

SUMMARY
Tonight's item is the consideration of an Economic Incentive Agreement for the sharing of sales tax generated by the sale of energy products in the State of California by Boyett Petroleum. Boyett is in the process of moving their administrative headquarters from the City of Modesto, where they currently have an existing Agreement, to the City of Riverbank. The Agreement would require Boyett to consolidate all of its sales of energy products within California to its new headquarters in Riverbank.

STRATEGIC PLAN
This item is directly related to the City Council's Strategic Plan Goal to "Support Downtown Revitalization & Economic Development" which identified a Strategy of "Tax Agreement based on Business Size."

BACKGROUND
Since 1940, Boyett Petroleum has been a family-owned and operated fuel wholesaler and retailer headquartered in Modesto, California. This September 2026, Boyett Petroleum will be relocating its headquarters to Riverbank, California and bringing with it its vision of being the largest fuel marketer in the West. Boyett is a leading fuel distributor of Shell, Phillips and Valero branded motor fuels while also offering several other brands, including Sinclair, Gulf, Sunoco, Marathon, Mobil, ARCO, VP Racing and its proprietary brand known as Kwik Serv, Kwik In, Kwik Out. During the last five years, Boyett has grown significantly both organically and through acquisitions, allowing it to reach a projected new record of selling nearly 1 billion gallons of fuel this year. Through its strong team of nearly 150 full-time employees coupled with its innovative programs and services, Boyett Petroleum prides itself on being more than a fuel supplier as it seeks to help its customers diversify, save and thrive. In addition, Boyett's Make Dreams Real Foundation gives back to our local community. The

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Item 9.2. - CC / LRA – 9/8/2026
program provides grant funding towards local youth programs.

Boyett Petroleum has acquired the building located at 6436 Oakdale Road, Riverbank. The site of the former MCI/E-Contact Live Call Center had been vacant since the inception of COVID-19, when the previous owner was able to transition their staff to working remotely. Since then, the site has been used as the previous location of American Veterans First, a Karate school, and was an event center for a short period of time. Revitalizing it to its original office use, this site is intended to be Boyett's new headquarters in Stanislaus County, which was previously located in Modesto. There is ample parking for their employees onsite, and their transition to this location will provide a secondary economic windfall for the surrounding businesses as their employees visit local businesses to shop and eat.

In September 2008, Boyett Petroleum entered into an Economic Incentive Agreement with the City of Modesto to receive a share of the sales tax generated from the statewide sales of fuel products. With the investment being made into their Riverbank location (an approximately $5,000,000 value) it is Boyett Petroleum's request that the City Council consider a similar Economic Incentive Agreement ("Agreement"). This would designate their new office location on Oakdale Rd. as their headquarters for sales of all energy products, including motor fuel products such as petroleum, biofuels, renewable fuels, and similar products and related services, within California. This Agreement is intended to promote the economic welfare of the City and enhance our ability to provide municipal services to our residents and provide jobs within the City. This can be accomplished through the approval of the Agreement, which is designed to attract and retain employers who are willing to invest in our community.

PROPOSED ECONOMIC INCENTIVE AGREEMENT (MAJOR TERMS)

1. Term of the Agreement: 300 months from the Date of Agreement (approximately September 9, 2026 - September 9, 2051)

2. Payment Amount: The sum of an amount equal to sixty percent (60%) of the Net City Sales Tax Revenues received from Boyett on a calendar year quarterly basis.

3. Participant Consideration: The Participant (Boyett Son & Inc.) on or before the later of the one hundredth (100th) day after the Date of Agreement or 12/31/2026 shall satisfy the following conditions,
a. Treat the site as the point of sale for all taxable sales of Energy Products made by the Participant in the State of California,
b. Provide payment in full of all Public Entity Fees payable in respect to Participant Improvements, if any,
c. Operate the Conforming Business Activity on the Site on an on-going basis throughout the Operating Covenant Period, unless the Agreement is sooner terminated.

4. Reporting Requirements: Participant shall provide the City with information concerning the amount of Sales Tax Revenues generated within the City which are payable to the State of California and which are reported to the CDTFA. Participant shall prepare and furnish to the City quarterly statements showing the amount of sales tax collected and paid during each quarter. Participant shall maintain and have available and cause to be maintained and have available for inspection by the City or its designees copies of any and all Sales Tax Reports.

5. Time for Payments: All payment amounts to be made within thirty (30) days after the City confirms its quarterly receipt of Sales Tax.

FISCAL CONTRIBUTION

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Item 9.2. - CC / LRA – 9/8/2026
If the Economic Incentive Agreement were in effect for FY 2025, the following figures would have been applicable:
2025 Fiscal Year
• Generated $487,713 in local sales tax revenue attributable to Boyett Petroleum's taxable sales activity.
• The City of Riverbank would have retained 40% of the local 1% sales tax, resulting in $195,085 of direct revenue to the City.
• This revenue would represent a new source of local sales tax attributable to Boyett's relocation, providing an incremental benefit to the City's General Fund. • For every $1.00 of local sales tax generated, the City will retain $0.40 under the incentive agreement.
• FY2025 Net Benefit to the City of Riverbank would have been $195,085 2026 Year-to-Date Activity (through Q2 2026)
• Boyett's reportable sales are approximately 40% higher than the comparable sales in 2025. • This increase reflects a combination of acquisition-related growth and higher fuel prices, including significant market volatility associated with geopolitical events in the Middle East. • A portion of this growth represents a step-up in Boyett's existing business base resulting from acquisition activity.
• As fuel prices can fluctuate materially from year to year, the current increase should not be viewed as an indication of an expected 40% annual growth rate going forward Overall, the potential to generate additional revenues for the City will lead to the expansion of city services, programs, and events for the residents in Riverbank.

BENEFITS TO THE COMMUNITY
Several benefits to the Riverbank community that the City Council could consider in evaluating this Agreement include:

1. Net New Revenue the City would not otherwise receive. Boyett may continue to locate its headquarters in Modesto where they have an existing agreement.

2. Low Risk to the General Fund. The City only pays if the business generates sales tax. If sales underperform, the rebate shrinks with them. There is no pledge of existing revenues.

3. Jobs and secondary spending. Employees spend locally, so nearby businesses, such as restaurants, grocery stores, and retail stores benefit from the added traffic which produces tax revenue that is not part of the agreement.

4. Site Activation. The Oakdale Road location is ideal for a large office-related employer, such as Boyett, to house their headquarters in.

AB 562
AB 562 was signed into law in October 2013 related to Economic Development subsidies. The bill states that on and after January 1, 2014, each local agency, before approving any Economic Development Subsidy within its jurisdiction, will provide information in written form available to the

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Item 9.2. - CC / LRA – 9/8/2026
public, and through its website. The table below addresses the requirement of the State of California AB 562 (Government Code 53083) for the publication of information related to an economic development subsidy and public hearing and is available on the City's website at https://www.riverbank.org/707/Sales-Tax-Sharing-Agreements-AB-2854-Dis :

Name/address of beneficiary
of the subsidy
Stan Boyett & Son, Inc.
6436 Oakdale Road, Riverbank, CA 95367
Start and end dates / schedule
for the subsidy
September 9, 2026 – September 9, 2051. Subsidy is
payable quarterly.

Description of the subsidy;
estimated total public
expenditure / revenue lost
City will reimburse 60% of net sales tax revenue
received by the City from Participant during the
Calendar Year, over 25 years (300 months)
Statement of public purpose To promote the general welfare of the City and its residents by creating new jobs, enhancing the City’s
ability to provide municipal services, and broadening
the City’s sales tax base. The City anticipates that
Participant’s relocation will contribute to the ongoing economic vitality of the City and improve the local
economic and physical conditions in the City.

Projected tax revenue If the Economic Incentive Agreement were in effect for FY 2025, the following figures would have been
applicable:
2025 Fiscal Year
• Generated $487,713 in local sales tax revenue
attributable to Boyett Petroleum's taxable sales
activity.
• The City of Riverbank would have retained 40% of
the local 1% sales tax, resulting in $195,085 of direct revenue to the City.
• This revenue would represent a new source of
local sales tax attributable to Boyett's relocation,
providing an incremental benefit to the City's
General Fund.
• For every $1.00 of local sales tax generated, the
City will retain $0.40 under the incentive agreement.
• FY2025 Net Benefit to the City of Riverbank would
have been $195,085.

Estimated number of jobs
created
150 Full-Time

FINANCIAL IMPACT
For every $1.00 of local sales tax generated, the City will retain $0.40 under the incentive agreement. For the 2025 fiscal year, this Agreement would have generated approximately $195,085.

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Item 9.2. - CC / LRA – 9/8/2026
The City can use these funds to supplement existing programs, offer new recreational events and program opportunities, provide a funding source for future capital improvements, and other one-time expenditures as these funds are considered discretionary and can be allocated as Council directs.

ATTACHMENTS

1. Resolution_Economic Incentive Agreement

2. Economic Incentive Agreement-Proposed

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CC/LRA – 09/08/2026
CC Resolution 2026-

CITY OF RIVERBANK
RESOLUTION 2026-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

APPROVING AN ECONOMIC INCENTIVE AGREEMENT WITH STAN BOYETT & SON, INC. FOR THE CONSOLIDATION OF ALL ITS SALES OF ENERGY

PRODUCTS WITHIN THE STATE OF CALIFORNIA TO ITS NEW HEADQUARTERS AT 6436 OAKDALE RD. RIVERBANK, CA 95367

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City of Riverbank, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and
WHEREAS, the City Council Strategic Plan has a Goal of “Support Downtown & Economic Development” with a Strategy regarding “Tax Agreement based on Business Size” to encourage the location, retention, and expansion of businesses that generate sales tax revenue and employment opportunities within the City; and

WHEREAS, Stan Boyett & Son, Inc. (“Company”) proposes to relocate their headquarters from the city of Modesto to a new site at 6436 Oakdale Road, Riverbank, requiring an investment and resulting in the relocation of approximately 150 full-time jobs; and

WHEREAS, in accordance with Section 53083 of the California Government Code (AB 562), the City has provided public notice of the proposed economic incentive agreement, including the required information regarding the subsidy's terms, public purpose, projected tax revenue, and estimated jobs created, and held a public hearing on September 8, 2026; and

WHEREAS, the City Council determines that the Incentive Agreement is consistent with the City's economic goals and strategies, is a matter of City-wide importance, is necessary for the preservation and protection of the public health, safety, or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements; and
WHEREAS, the Incentive Agreement is exempt from environmental review under Section 15061(b)(3) of the State CEQA Guidelines, because it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment, and any future development will undergo independent CEQA review as applicable; and

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CC/LRA – 09/08/2026
CC Resolution 2026-

WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby find, determine, resolve, and order as follows:

Section 1. Recitals.

The City Council hereby finds, determines, and resolves that all of the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. CEQA Findings.

The City Council finds that the Incentive Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it involves no direct physical change to the environment.

Section 3. AB 562 Findings.

The City Council finds that the City has complied with the notice, disclosure, and public hearing requirements of Section 53083 of the California Government Code applicable to the economic development subsidy provided under the Incentive Agreement.

Section 4. Approval and Authorization.

The City Council hereby approves the Incentive Agreement by and between the City and Stan Boyett & Son, Inc., in substantially the form attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager, or designee, to execute the Incentive Agreement and any related documents necessary to carry out its terms, subject to final approval as to form by the City Attorney.

Section 5. Non-Substantive Changes.

The City Manager is authorized to make minor, non-substantive changes to the Incentive Agreement as may be necessary to carry out the intent of this Resolution, provided such changes do not increase the City's maximum financial obligation or extend the term of the Incentive Agreement beyond that described in the Staff Report.

Section 6. Effective Date.

This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8th day of September, 2026; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

NAYS:

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CC/LRA – 09/08/2026
CC Resolution 2026-

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment(s): Economic Incentive Agreement

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ECONOMIC INCENTIVE AGREEMENT

BY AND BETWEEN

CITY OF RIVERBANK
AND
STAN BOYETT & SON, INC.

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ECONOMIC INCENTIVE AGREEMENT
This ECONOMIC INCENTIVE AGREEMENT ("Agreement") is entered into as of ________________ 2026 by and between the CITY OF RIVERBANK, a municipal corporation organized and existing under the general laws of the State of California (the "City") and STAN BOYETT & SON, INC.., a California corporation (the "Participant").

RECITALS
A. The City is a municipal corporation organized and existing under the laws of the State of California, and is authorized by Government Code section 53083 to enter into agreements providing economic incentives for private development projects that provide significant, specific public benefits to the City and its residents.

B. The Participant is the owner/operator of the business located at 6436 Oakdale Road, Riverbank, California 95367. The Participant proposes to relocate its California headquarters and consolidate all of its sales of "Energy Products" within the State of California to the Site.

C. The Participant has represented to the City that, without the economic incentive provided by this Agreement, the Participant would not relocate its California headquarters to the City. In reliance on that representation, and upon its own independent evaluation of the economic benefits described herein, the City has agreed to provide the Participant with a contingent economic development incentive, as set forth in this Agreement.

D. The City finds that the public purpose of this incentive is to promote the general welfare of the City and its residents by creating new jobs, enhancing the City’s ability to provide municipal services, and broadening the City’s sales tax base. The City anticipates that Participant’s relocation will contribute to the ongoing economic vitality of the City and improve the local economic and physical conditions in the City.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT

1.00 SUBJECT OF AGREEMENT

1.01 Purpose of Agreement.

1.01.1. The purpose of this Agreement is to promote the economic welfare of the City and enhance the wherewithal of the City to provide municipal services and to provide jobs within the City.

The foregoing will be accomplished by the attraction and retention of Participant to move its California headquarters and all of its sales within California from the City of Modesto to the City of Riverbank, to maintain its business within the City and to continue to conduct from Participant's location in the City all of its sales within the State of California of "Energy Products" (as defined in Section 1.03 below). This Agreement is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken.

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1.02 The Site.

The "Site" is that certain property located at 6436 Oakdale Road, Riverbank, California 95367 (which address, as assigned by the United States Postal Service, refers to a location within the corporate limits of the City of Riverbank). The Site may be changed to another site within the City at any time and as often as required by Participant, in its sole discretion; the Participant shall promptly notify the City as to any change of situs. The reference to Site shall include any such other situs within the City where Participant operates its business.

1.03 Definitions
The capitalized terms and words used in this Agreement shall have the following meanings:
"CDTFA" means the State of California Department of Tax and Fee Administration. "Certificate Condition" means the obligation of the Participant to provide the respective certificates described in Section 2.03(d) of this Agreement.
"Change in Law Conditions" has the meaning set forth in Section 5.02. "City" means the City of Riverbank, a municipal corporation organized and existing under the general laws of the State of California.
"City Code" means the Riverbank Municipal Code as in effect as of the Date of Agreement and as such Municipal Code may be amended from time to time.
"City Manager" is the City Manager of the City or his or her designee. "City Sales Tax Revenues" means a proportionate share of: (i) those taxes paid in connection with the conduct by the Participant of Conforming Business Activities on the Site which are allocated to and received by the City for its use based upon and limited to one percent (1%) of sales price pursuant to the Bradley Burns Uniform Sales Tax Law, California Revenue and Taxation Code Section 7200, et seq., including all amendments and successor statutes thereto, and (ii) revenues received by the City pursuant to Section 97.68 of the Revenue and Taxation Code (as enacted by Chapter 162, Statutes of 2003) from the Sales and Use Tax Compensation Fund, as therein defined, in connection with the conduct by the Participant of Conforming Business Activities on the Site.
"Conditions Precedent' is defined in Section 2.03 of this Agreement. "Conforming Business Activities" means the sale of or by Participant of Energy Products. "Date of Agreement' means ___________________, 2026.
"Default" is defined in Section 6.01 of this Agreement. "Energy Products" means motor fuel products, including petroleum, biofuels, and renewable fuels and similar products and related services.
"Excluded Items" means (i) jet fuels, so long as California Revenue and Taxation Code Sections 7204.03 and 7205 or substantially similar provisions remain in effect, and (ii) other products, if any, as to which provisions of law attribute sales tax on a basis other than point of sale or as to which provisions of law prohibit the payment of any subsidy, rebate or other remuneration based upon generation of sales or use

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taxes.
"Fee Condition" is defined in Section 2.01.2 of this Agreement. "Measuring Period" means a calendar year quarter (e.g., January 1 through March 30, April 1 through June 30), or such other period as may be established from time to time by the mutual written agreement of the parties.
"Measuring Period Payment Amount” means, as to a Measuring Period, the sum of an amount equal to sixty percent (60%) of the Net City Sales Tax Revenues received by the City from Participant during such Measuring Period in connection with the operation of Conforming Business Activities on the Site. "Net City Sales Tax Revenues" means City Sales Tax revenues less those City Sales Tax Revenues that are attributable to Excluded Items.
"Operating Covenant Period' means a three hundred (300) month period commencing with the Date of Agreement; provided that the Operating Covenant Period may be extended from time to time upon the express approval of the Participant and the City Council for the City. "Operation Condition" is defined in Section 2.01.2 of this Agreement. "Participant" is defined in the introductory paragraph of this Agreement; however, at Participant's election and upon advance written notice to the City, other entities sharing common control with Participant shall be included as a Participant in this Agreement, subject to all of the terms and conditions herein and provided that any payments made at a particular time under this Agreement by City shall be made payable to one entity.
"Participant Certificate" means Attachment No. 1 to this Agreement. "Participant Improvements" means such improvements, if any, which the Participant elects to construct or cause to be constructed within the City.
"Public Entity Fees" means all fees (but not taxes) payable to the City and any other governmental agency having regulatory authority in connection with the Participant Improvements. "Sales Tax Reporting Condition" is defined in Section 2.01.2(d) of this Agreement. "Sales Tax Reports" is defined in Section 2.01.2(d)(ii) of this Agreement. "Sales Taxes" means tax revenues attributable to up to one percent (1%) of sales price pursuant to the Bradley Bums Uniform Sales Tax Law, California Revenue and Taxation Code Section 7200, et seq., including all amendments and successor statutes thereto. "Site" is defined in Sections 1.02 of this Agreement.
"Year" means four calendar quarters comprising of calendar Year.

1.04 Parties to this Agreement.

1.04.1. The City
The City is a general law municipal corporation, duly organized and existing under the

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Constitution and general laws of the State of California, exercising governmental functions and powers as authorized thereunder. The principal office of the City is located at 6707 3rd Street, Riverbank, California 95367. Whenever a reference is made to the City, the City Manager of the City is authorized to act on behalf of the City unless otherwise specifically provided or the context should otherwise require. The City shall advise the Participant in writing if there is any change pertaining to any matters set forth or referenced in the foregoing portion of this Section 1.04.1.

1.04.2. The Participant
The Participant means Stan Boyett & Son, Inc., a California corporation. The principal office of the Participant for the purposes of this Agreement is the Site. The Participant shall advise the City in writing if there is any change pertaining to any matters set forth or referenced in the foregoing portion of this Section 1.04.2.

1.04.3. Assignment by Participant.
(a) Permitted Assignments – No City Consent Required. The Participant may, without prior consent of the City, assign this Agreement to any entity that (i) controls, is controlled by, or is under common control with the Participant, and (ii) is actively engaged in the sale of Energy Products in the State of California at the time of such assignment. The word "control", for purposes of the foregoing, means the power, directly or indirectly, by voting rights, contract or otherwise, to direct or cause the direction of the management or policies of a person or entity. The Participant shall provide the City with written notice of any such assignment no later than thirty (30) days prior to the effective date of such assignment. (b) Assignments Requiring City Approval. Except as provided in Section 1.04.3(a) above, the Participant shall not assign, transfer, or otherwise convey this Agreement, or any interest herein, including without limitation through a merger, consolidation, sale of all or substantially all of the Participant's assets, or transfer of a controlling ownership interest in the Participant, without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned, or delayed. For purposes of this Section, a transfer of fifty percent (50%) or more of the voting or ownership interests in the Participant in a single transaction or series of related transactions shall constitute an assignment requiring City approval.
(c) City's Right to Terminate Upon Disapproved Assignment. If the City Council disapproves a proposed assignment and the Participant nonetheless consummates the proposed transaction, or if the Participant fails to seek approval as required by this Section, the City may, upon thirty (30) days' written notice to the Participant, terminate this Agreement. Upon such termination, the City shall have no further obligation to make Measuring Period Payment Amounts, and the provisions of Section 5.02 regarding clawback shall apply.
(d) Release of Original Participant. Upon City approval of an assignment and the execution of an assumption agreement by the assignee, and provided the original Participant has no accrued and unpaid liabilities to the City under the terms of this Agreement, the original Participant shall be released from further obligations arising after the effective date of such assignment. The original Participant shall remain liable for all obligations accrued prior to the assignment date. (e) Binding Effect. All of the terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Participant and all permitted successors and assigns of the Participant. All transferees and assignees shall be bound by this Section 1.04.3 as well as all other provisions

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of this Agreement. The Participant shall include a copy of this Agreement, including this Section 1.04.3, as an exhibit to any assignment or transfer documentation.

While this Agreement shall not be construed to limit the ability of the Participant to transfer or dispose of its business activities, or any portion thereof, in the event the Participant undertakes any of the assignment or transfer provisions set forth above in this Section, Participant, as transferor, and the transferee shall execute an acknowledgement under which the transferee agrees to perform as Participant under this Agreement and, provided the original Participant has no accrued liabilities to the City under the terms of this Agreement, the original Participant shall thereafter be released from further obligations under this Agreement.

All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Participant and the permitted successors and assigns of the Participant.

2.00 CONSIDERATION FOR AGREEMENT; CITY SUBSIDY

2.01 Participant Consideration.

2.01.1. As consideration for the City to enter into this Agreement, on or before the later of the one hundredth (100th) day after the Date of Agreement or December 31, 2026, Participant shall satisfy the Sales Tax Condition, the Fee Condition and the Operation Condition. Participant shall operate, maintain and use the Site in conformity with this Agreement throughout the Operating Covenant Period.

The Participant assumes all responsibility for any costs to provide Participant Improvements, if any, as specified in Section 3.01.1 of this Agreement.

2.01.2. The performance by the Participant shall include:
(a) treating the Site as point of sale for all taxable sales of Energy Products made by the Participant in the State of California (the "Sales Tax Condition"); (b) the payment in full of all Public Entity Fees payable in respect to Participant Improvements, if any (the "Fee Condition"); and (c) operation of Conforming Business Activities on the Site on an ongoing basis throughout the Operating Covenant Period, unless this Agreement is sooner terminated, as Participant's sole sales office location within California with respect to Conforming Business Activities (the "Operation Condition"). In the event the physical facilities at the Site are damaged to the extent that it is not feasible for the Participant to operate, the Participant shall recommence operations as soon as Participant determines it is practical to do so. Participant shall obtain and maintain, in good standing, at all times during the Operating Covenant Period, a current and valid City of Riverbank business license issued in the Participant's name for the operation of Conforming Business Activities at the Site. Upon satisfaction of the foregoing Conditions, Participant shall, as set forth in Section 2.03, provide its certification in connection with the satisfaction of the foregoing Conditions in the form of the Participant Certificate. This Participant Certificate shall be updated, signed and submitted prior to the City paying each Measuring Period Payment Amount (defined in Section 2.02 below) request (the "Certificate Condition"). (d) (i) Participant shall provide the City with information concerning the amount of Sales Tax Revenues generated by Participant within the City which are payable to the State of California and which are reported to the CDTFA, including a separate delineation as to Sales Taxes arising from Excluded Items. Participant shall prepare and furnish to the City quarterly statements showing the amount of Sales Taxes collected and paid during each quarter by Participant in connection with Conforming

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Business Activities at the Site (including a delineation of those Sales Taxes arising from Excluded Items). (ii) Participant shall maintain and have available and cause to be maintained and available for inspection by the City or its designees, copies of any and all Sales Tax Reports, defined below, submitted by Participant to the CDTFA. “ Sales Tax Reports” shall mean the statements and quarterly reports (Form CDTFA-401-GS Schedule C), including a separate delineation regarding Sales Taxes attributable to Excluded Items, and any other or supplemental reports, statements or submissions, actually filed or required to be filed by Participant with the CDTFA relating to or in connection with the collection, remittance and/or calculation of Sales Tax Revenues from the Property. The Sales Tax Reports shall be delivered by Participant to the City on a quarterly basis as an attachment to the Participant Certificate, unless the timing of filing such report is amended by the CDTFA, in which case the date of submitting the Sales Tax Reports shall be amended accordingly. (iii) if applicable, any and all amendments to said Sales Tax Reports shall be delivered to the City simultaneously with Participant filing said amendments with the CDTFA. (iv) Subsections (d) (i)-(iii) above shall be referred to as the "Sales Tax Reporting Condition."

2.02 City Payment Obligation.

In consideration of the undertakings of the Participant pursuant to this Agreement, the City shall, after all Conditions Precedent have been satisfied for the corresponding Measuring Period, disburse to Participant the applicable Measuring Period Payment Amount. Participant Certificates shall be submitted to the City to the attention of its City Manager at the address set forth in Subpart 1.04.1.

The City shall not provide any assistance pursuant to this Agreement other than those payments provided for in this Section 2.02.

The obligation arising from this Agreement are not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its monies, income, receipts, or revenues; the obligation of the City to make payments pursuant to this Agreement is an unsecured obligation of the City. Except as provided in this Section of the Agreement, neither the general fund nor any other fund of the City shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement.

Nothing herein shall provide the Participant with the right to compel the forfeiture of any of the City’s property to satisfy any obligations arising from this Agreement.

2.02.1. Time for Payments. All Measuring Period Payment Amounts to be made within thirty (30) days after City confirms its quarterly receipt of Sales and Use Taxes and Participant satisfaction of the Conditions Precedent as to the corresponding Measuring Period.

2.02.2. Discrepancies Regarding City Payments. If a discrepancy arises regarding the determination of the Economic Incentive Payment, then a representative from the City and Participant shall promptly meet to resolve such discrepancy. If such discrepancy cannot be resolved within fifteen (15) business days after the first meeting to resolve such discrepancy, then the Parties shall refer such dispute to an independent, outside accountant (with each Party selecting an accountant and then those two accountants shall select a separate accountant) for review and resolution within forty-five (45) days following the expiration of the first fifteen (15) business day period.

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2.03 Conditions Precedent
The City shall not be obligated to make the initial disbursement of the Measuring Period Payment Amount or any subsequent disbursement thereof unless all of the following Conditions Precedent have been satisfied for the applicable Measuring Period:
(i) the Participant delivers to the City Manager or his designee a certificate substantially in the form of the Participant Certificate, duly executed, which affirms Participant's compliance with and satisfaction of the Sales Tax Condition, the Fee Condition, the Certificate Condition, the Operation Condition, and the Tax Reporting Condition, as well Participant's ownership or lease of the Site; (ii) the City receives the Sales Tax Revenues from the CDTFA; and (iii) the City's having the legal right under state law to retain and control the disposition of all or substantially all of its portion of the Sales Tax Revenues.

Subsections (i)-(iii) above shall collectively constitute the "Conditions Precedent". If (i) or (iii) of the above Conditions Precedent shall not be satisfied or shall fail at any time thereafter to remain satisfied, and Participant shall fail to cause such conditions to be satisfied within one hundred eighty (180) days (subject to extensions as set forth in this Agreement) after written notice thereof from the City to Participant (whether or not such Condition is under the control of the Participant), then the City may, as its sole right and remedy, terminate this Agreement upon written notice to Participant, in which event the City shall be relieved of its obligations under this Agreement to make payments under this Agreement for any period of time following such termination (and such other period(s), if any, with respect to which the Conditions Precedent were not satisfied).

2.04 Annual Adjustment.

Promptly after each fiscal year of City, City shall determine with respect to the preceding fiscal year, both the aggregate am300ount of City Sales Tax Revenues received by City and the aggregate amount of Measuring Period Payment Amounts made to Participant. If for any reason (including reporting errors or other adjustments) the aggregate amount of the payments made by City for the preceding fiscal year is less than the actual City Sales Tax Revenues generated during that same fiscal year, City shall pay to Participant an adjustment payment equal to the amount of the deficiency. If for any reason (including reporting errors or other adjustments) the aggregate amount of the payments made by City for the preceding fiscal year is more than the actual City Sales Tax Revenues generated during that same fiscal year, then the amount of the excess shall be applied towards the next payment due; except that if any unapplied excess remains after the Operating Covenant Period, then Participant shall pay the amount of the unapplied excess promptly to City upon demand.

3.00 REQUIREMENTS APPLICABLE TO ANY IMPROVEMENTS

3.01 Development of Improvements by the Participant
The Participant is not required by this Agreement to make any improvements to property. If Participant elects to make improvements within the corporate limits of the City, then costs for planning, designing, and constructing such improvements shall be borne exclusively by the Participant and the Participant shall construct or cause to be constructed such improvements in compliance with all the zoning, planning and design review requirements of the City, including without limitation the City’s Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable. The Participant shall also bear all costs related to discharging the duties of the Participant set forth in this Agreement.

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4.00 USE OF THE SITE

4.01 Uses
Participant is an experienced operator of a business consisting of the sale Energy Products. The Participant shall operate on the Site Conforming Business Activities, which shall conform in all respects to all applicable regulations of federal, state and local agencies regulating the establishment or operations of such facilities.

The Participant shall carry out all of its undertakings pursuant to this Agreement in conformity with, all applicable laws. This Agreement shall be subject to all applicable laws. The Participant agrees that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site.

The Participant shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person.

5.00 DEFAULTS AND REMEDIES

5.01 Default.

The following shall constitute a "Default" under this Agreement:

5.01.1. Default by Participant.
(a) The Participant discontinues its operations at the Site within the corporate limits of the City, fails to obtain and maintain, in good standing, at all times during the Operating Covenant Period, a current and valid City of Riverbank business license, or relocates its business to another jurisdiction in California, except in connection with the sale of its business; (b) The Participant's failure to provide the City with Participant Certificates, within sixty (60) days written notice from the City; or (c) Excepting in connection with damage to physical facilities as described in Section 2.0l(c), Participant fails to operate Conforming Business Activities on the Site for a period or periods totaling forty-five (45) days in any calendar year, as aggregated (but excluding for such purpose Saturdays, Sundays and legal holidays) during the Operating Covenant Period and, in the event damage to physical facilities occurs to the extent it is not feasible for the Participate to operate and Participant has notified the City Manager in writing within thirty (30) days of the onset of the occurrence of such condition, the Participant fails to operate Conforming Business Activities on the Site or at another situs within the corporate limits of the City for a period or periods totaling one hundred twenty (120) days in any calendar year, as aggregated (but excluding for such purposes Saturdays, Sundays and legal holidays).

5.01.2. Representations and Warranties: Other Obligations.

The breach of any of Participant's representations or warranties in this Agreement, unless such breach is cured within a reasonable period of not to exceed sixty (60) days after notice by City; or

5.01.3. Default by City.

The failure by the City to make payment of one or more Measuring Period Payment Amounts, if any, as it becomes obligated to make under this Agreement.

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5.02 Remedies and Termination
In the event that the Participant is in Default of this Agreement as specified in Section 5.01, the City may suspend payment of amounts otherwise payable pursuant to Section 2.02 of this Agreement until such default has been cured; provided that the City shall further be entitled to terminate this Agreement without making payment of amounts otherwise payable pursuant to Section 2.02 in the event such default has not been cured by the time required pursuant to this Agreement for the cure of such default (and, if no time is specified, within sixty (60) days from the date notice of default is given by the City). If Participant defaults, to the City shall be entitled to terminate the Agreement and cease its obligation to make Measuring Period Parment Amounts for future Measuring Periods .

The Participant shall be entitled to terminate this Agreement in the event of a Default by the City which has not been cured within sixty (60) days following receipt of written notice from the Participant which describes with particularity the default including without limitation the time at which such default is contended to have commenced. In such event, City shall not be obligated to pay Participant for any unpaid Measuring Period Payment Amounts.

Notwithstanding anything to the contrary in this Agreement, neither party may terminate this Agreement without prior written notice to the other party specifically (i) stating the nature of the default and giving the other party a reasonable time of not to exceed sixty (60) days to cure said default or (ii) stating that an adjudication of a court of competent jurisdiction has occurred in California or a law has been enacted which precludes the making of payments by the City as contemplated by this Agreement. If such events occur (as referenced in items (i) or (ii) of this paragraph), a non-defaulting party may terminate this Agreement upon providing written notice of such event a reasonable time prior to termination.

Alternatively, a non-defaulting party shall have the right to seek specific performance Notwithstanding the foregoing portion of this Section 5.02, no payment shall be required to be made by the Participant to the City if (i) the Participant ceases operations at the Site following a change in California law to (aa) preclude the selecting of the City to return and control the disposition of all or substantially all of the City's portion of Sales Tax Revenues (as City's portion exists as of the Date of Agreement) or to (bb) change the manner in which California allocates Sales Tax Revenues (in such a manner that materially reduces the Sales Tax Revenues available to the City); the foregoing items (aa) and (bb) constitute the "Change in Law Conditions." In the event one or more of the Change in Law Conditions shall occur, either party may terminate this Agreement upon thirty (30) days' notice to the other party or, if necessary to comply with such changed law, or a lesser period of time.

This Agreement shall also be subject to termination upon the failure to satisfy Conditions Precedent as set forth in Section 2.03.

This Agreement shall also be subject to termination at the mutual agreement of the parties hereto.

5.03 Legal Actions.

5.03.1. Institution of Legal Actions.

In addition to any other rights or remedies available to the parties, either party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Stanislaus, State of California or in the United States District Court in the Eastern District of California.

Participant shall defend, indemnify, and hold harmless City and its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”) from any and all

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claims, damages, penalties, losses, costs, expenses (including reasonable attorneys’ fees and costs), injuries, and liabilities of every kind (collectively, “Covered Claims”) arising out of the execution and performance of this Agreement and all claims challenging the legality, constitutionality, or enforceability of the Agreement.

Participant shall have no obligation to the City under this paragraph to the extent such Covered Claim results from the sole negligence or willful misconduct by the City or City’s Agents, as determined by a Court of competent jurisdiction. The City’s rights under this paragraph shall not depend on actual payment of any claim, damage, penalty, loss, cost, expense (including reasonable attorneys’ fees and costs), injury, or liability sustained by Participant. In the event that the City tenders the defense and indemnification of a Covered Claim to Participant, Participant shall provide the City with regular reports on the status of the proceeding with respect to any such Covered Claim, and the City must consent to the disposition of any such Covered Claim, including, but not limited to, the settlement of any Covered Claim, provided that such consent shall not be unreasonably withheld, delayed, or conditioned.

5.03.2. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

5.03.3. Acceptance of Service of Process
In the event that any legal action is commenced by the Participant against the City, service of process on the City shall be made by personal service upon the City Manager or in such other manner as may be provided by law.

In the event that any legal action is commenced by the City against the Participant, service of process on the Participant shall be made by personal service on the Participant or any of its officers, or in such other manner as may be provided by law. Service shall be valid whether made within or without the State of California.

5.04 Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

5.05 Inaction Not a Waiver of Default
Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

6.00 GENERAL PROVISIONS

6.01 Notices, Demands and Communications Between the Parties Written notices, demands and communications between the City and the Participant shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, or by generally recognized overnight courier service, to the principal offices of the City and the Participant at the addresses specified in Sections 1.04.1 and 1.04.2, respectively. Such written

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notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 5.01.

Any written notice, demand or communication shall be deemed received immediately if delivered by hand or via overnight courier and shall be deemed received on the tenth (10th) day from the date it is postmarked if delivered by registered or certified mail.

6.02 Conflicts of Interest
No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

6.03 Enforced Delay: Extension of Times for Performance.

In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: acts of God; natural disasters (including earthquakes, floods, wildfires, or severe weather events); war; terrorism; riot or civil unrest; epidemics or pandemics; government actions, orders, or regulations; strikes or labor disputes not involving the affected party's employees; power outages; or failures of third-party infrastructure or telecommunications systems; acts or omissions of the other party. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Participant.

6.04 City Manager to Act for City
Whenever this Agreement provides for an action to be taken by the City, then, except to the extent that provisions of applicable law or the context may otherwise require, such action may be taken by the City Manager of the City on behalf of the City.

6.05 Non-liability of Officials and Employees of the City No member, official or employee of the City or the City shall be personally liable to the Participant, or any successor in interest, in the event of any Default or breach by the City (or the City) or for any amount which may become due to the Participant or its successors, or on any obligations under the terms of this Agreement.

6.06 No Third Pany Beneficiaries.

There shall be no third-party beneficiaries of this Agreement.

6.07 Provision of Information: Inspection of Books and Records: Limitations Upon Voluntary Release of Certain Information
The City shall have the right at all reasonable times during the Operating Covenant Period to inspect the books and records of the Participant pertaining to the collection and payment of Sales Taxes in connection with the purchase and sale of products as reasonably necessary to determine compliance with Sections 2.02, 2.03 and 2.05 of this Agreement; the Participant agrees to make such records available to the

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City as deemed necessary by the City, at least annually and additional upon request therefor by the City, to verify compliance with the terms of this Agreement.

6.08 Confidentiality.

The parties acknowledge that the information contained in any tax return is confidential, proprietary to the Participant, and agree that, to the fullest extent permitted by law, no documents, including tax returns, or other information provided by the Participant to City, its agents and representatives pursuant to or with regard to the provisions of this Agreement, shall be released to or otherwise made available to any third person, corporation, organization or association unless disclosure is permitted pursuant to a written order of a court of competent jurisdiction or the prior written consent of the Participant. City shall offer the Participant the opportunity to defend any claim made by any third party against City for release of such confidential documents or information. In the event that a nonparty to this Agreement seeks disclosure of any information concerning the terms of this Agreement from City, City shall promptly, but in any event, no later than seven (7) business days after City receives such request, notify the Participant in writing of such request, identifying the party making the request and the information sought by such party. In the event that the Participant contests such disclosure request, the Participant shall pay and hold City harmless from all costs and expenses including reasonable attorneys' fees of City, the parties hereto may incur in contesting such disclosure request. All tax returns, documents and other information provided to City by the Participant shall be returned to the Participant immediately upon termination of this Agreement.

6.09 Advice of Counsel. The parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing, and the parties executed this Agreement after review by such independent counsel, or, if they were not so represented, then said non-representation is and was the voluntary, intelligent and informed decision and election of the party not so represented, and prior to executing this Agreement, each party has had an adequate opportunity to conduct an independent investigation of all of the facts and circumstances with respect to the matters which are the subject of this Agreement.

7.00 ENTIRE AGREEMENT; WAIVERS; AMENDMENTS
This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 14 and Attachment No. 1, which are attached hereto and incorporated herein by reference, which constitute the entire understanding and agreement of the parties.

Time is of the essence as to each and every provision of this Agreement.

This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes any and all negotiations, understandings, discussions, memoranda, writings or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter of this Agreement. All waivers or modifications of the provisions of this Agreement or of any project document or Attachment hereto must be in writing by the appropriate authorities of the City and the Participant, and all amendments hereto must be in writing by the appropriate authorities of the City and the Participant.

End of Agreement
*****SIGNATURES ON THE FOLLOWING PAGE(S)*****

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ECONOMIC INCENTIVE AGREEMENT
Signature Page
IN WITNESS WHEREOF, the City and the Participant have signed this Agreement on the respective dates set forth below.
“City”

CITY OF RIVERBANK
By:

Name: Marisela H. Garcia
Title: City Manager
APPROVED AS TO FORM:

By:

Name: Tom P. Hallinan
Title: City Attorney
“Participant”
STAN BOYETT & SON, INC., a California corporation
By:

Name: Scott Castle
Title: President
APPROVED AS TO FORM:

By:

Name: Kathleen H. Hollowell
Title: Chief Legal Officer

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ATTACHMENT N0.1

PARTICIPANT CERTIFICATE
(Participant Letterhead)
[Date]
City of Riverbank VIA U.S. MAIL & EMAIL
Attn: City Manager
6707 3rd Street
Riverbank, California 95367
Dear Ms. Garcia:

With respect to that certain Economic Incentive Agreement, dated as of _ (the "EIA") by and between Stan Boyett & Son, Inc., a California corporation dba Boyett Petroleum (the "Participant") and the City of Riverbank ("City"), the Participant hereby certifies to City that, as of the date of this Participant Certificate (with capitalized terms herein having the same meanings as set forth in the EIA) and for the quarter from (i.e., July 1, ____ -September 30, ______):

1. The Participant owns or leases property in the City and has satisfied all of the following:
the Certificate Condition, the Sales Tax Condition, the Fee Condition and the Operation Condition; and

2. The Participant is owed the following Measuring Period Payment Amount from the City:

STAN BOYETT & SON, INC.,
a California corporation
Dated: _
Vanessa Midgley
CFO
Description Item Reported Notes
Year 2026 Calendar year
Quarter Q4 Measuring Period
Participant's Reported Sales for City of Riverbank location $ - As reported on CDTFA Form 401-GS Schedule C City Sales Tax Revenues – 1% of Reported Sales $ - Receipts actually received by City for the Measuring Period City Share of Sales Tax Revenue (40%) $ -
Measuring Period Payment Amount due to Participant (60%) $ - Measuring Period Payment Amount for the Quarter Quarterly Calculation
Stan Boyett & Son, Inc. dba Boyett Petroleum

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Item 10.1. - CC / LRA – 9/8/2026

RIVERBANK CITY COUNCIL / LRA BOARD
AGENDA ITEM NO. 10.1.

SECTION : NEW BUSINESS
Meeting Date: 9/8/2026
Subject: Interim Urgency Ordinance — Imposing a 45-Day Temporary Moratorium on the Approval of New Land Use Applications for Data Centers to Allow for the Evaluation of Potential Public Health Impacts and Land Use Regulations.

From: Marisela H. Garcia, City Manager
Submitted by: Marisela Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council discuss and adopt an interim urgency ordinance imposing a temporary moratorium on the approval of new land use applications for data centers within the City for evaluation of public health impacts and land use regulations.

SUMMARY
At the August 25, 2026 City Council meeting, a majority of the City Council directed staff to bring back an Urgency Interim Ordinance that would impose a 45-day moratorium on the approval of new land use applications for data centers.

STRATEGIC PLAN
While this item is not directly related to the City's Strategic Plan, it does advance the City Council's Core Values of Transparency and Responsiveness.

BACKGROUND
Data centers are facilities used to house computer systems and related components. Due to the growth of cloud computing, artificial intelligence, digital commerce, and other technology-dependent services, demand for data center development has increased rapidly.

Depending on their type, size, and design, data centers may require substantial amounts of water, electricity, land, and supporting infrastructure. They may also create noise, aesthetic, and land-use compatibility concerns and may occupy large industrial sites while generating relatively few permanent jobs.

Data centers may also provide significant private investment, construction employment, infrastructure improvements, and local tax revenue. However, the extent of these benefits, and the public costs associated with supporting such facilities, remain uncertain because large-scale data centers are a relatively new land use.

To allow the City time to better understand and study data center uses, evaluate their potential impacts, and determine whether the City’s existing land use policies and development standards adequately address those impacts, the City Council may consider imposing a temporary moratorium

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Item 10.1. - CC / LRA – 9/8/2026
on the approval of new data center development applications.

DISCUSSION
A. City Council Authority to Adopt a Moratorium.

Government Code section 65858 authorizes the City Council to adopt a temporary moratorium, by interim urgency ordinance, on otherwise permitted land uses that may conflict with land use regulations the City is considering, studying, or intends to study within a reasonable time.

To adopt a moratorium, the Council must find that: (1) there is a current and immediate threat to the public health, safety, or welfare; and (2) approval of additional entitlements for the affected uses would result in that threat.

An interim ordinance may be adopted as an urgency measure without a noticed public hearing and remains effective for an initial 45 days. It may be extended twice for a total of two years. If adopted, staff anticipates agendizing an extension of the interim ordinance for an additional 10 months and 15 days at a regular City Council meeting held within the initial 45-day period.

Adoption of the interim ordinance and any extension requires a four-fifths vote of the City Council.

B. The City's Existing Regulations Do Not Adequately Address Data Center Land Use.

The Riverbank Municipal Code does not identify data centers as a permitted use. Although RMC § 153.003 defines a “communications equipment building,” that category may apply to telecommunications utility facilities but does not clearly include privately operated cloud, AI, hyperscale, or colocation data centers.

A data center could potentially be approved as an unlisted industrial use in the M-2 Heavy Industrial zone, subject to a conditional use permit, Planning Commission use classification, and site plan review. Within the LRA Specific Plan area, a data center is not listed as an allowed use and would require a Specific Plan amendment.

Although the City could likely impose conditions on a data center approval, City regulations provide no standards identifying the impacts that must be addressed or the conditions that may be required.

C. Permitting Data Centers Under the City’s Current Regulations Pose a Threat to Public Health.

Depending on size and design, data centers can place substantial demands on City utilities and surrounding areas. Cooling systems may consume significant quantities of potable water, reducing the amount available to existing and future residents and businesses. Facilities may draw large and sustained electrical loads, affecting the capacity available to serve other users and potentially requiring infrastructure upgrades. Cooling operations may generate concentrated wastewater discharges straining City capacity. Facilities may also produce continuous noise from cooling equipment and emergency generators, and their scale and building form may present compatibility and aesthetic concerns where industrial sites adjoin other uses.

The City’s current discretionary review process does not adequately address these impacts. Although a conditional use permit or Specific Plan amendment allows the City to review a proposed project,

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Item 10.1. - CC / LRA – 9/8/2026
the Code provides no data center-specific review criteria. The City has not adopted standards addressing water and electrical demand, cooling technology, wastewater discharge, generator or battery-storage siting, noise, or similar impacts.

As a result, conditions for a data center proposal would need to be developed during the application process, subject to statutory processing deadlines and without the benefit of prior technical study.

This creates a risk that conditions may not adequately protect City services, infrastructure, and public health.

The resulting harm from permitting a data center under current regulations would not be readily reversible. Utility capacity committed to an approved facility is not recoverable, and a facility constructed and operating under the current Code would continue to draw water and power, discharge to the collection system, and generate noise on terms the City never had the opportunity to set.

Accordingly, approval of land use entitlements for data centers under the City's current regulations would result in a current and immediate threat to the public health, safety, and welfare within the meaning of Government Code section 65858, subdivision (c).

D. A Moratorium Allows the City to Evaluate Regulations Necessary to Mitigate Potential Public Health Threats.

Any amendments to the City’s zoning regulations to address data centers will require preparation, public notice, hearings before the Planning Commission and City Council, and compliance with other applicable procedural requirements. As a result, the City does not anticipate presenting comprehensive data center regulations to the City Council until sometime in 2027.

A temporary moratorium would preserve the status quo while this review is completed and provide the City with sufficient time to study the potential impacts of data centers and adopt appropriate regulations before new applications are approved.

E. Possible Future Land Use Regulation of Data Centers.

City staff has not yet completed a comprehensive review of potential data center regulations.

However, possible options may include requiring a conditional use permit, development agreement, and project-specific environmental review for proposed data centers.

These requirements could provide the City with greater discretion to evaluate proposed projects, impose appropriate conditions, address environmental and infrastructure impacts, and ensure that project-specific costs and demands on City services and utilities are adequately mitigated.

A temporary moratorium would provide the City with time to study these issues and determine what regulations are appropriate. It would also allow the City to monitor emerging state legislation and regulatory requirements that may affect the local review and approval of data center projects.

FINANCIAL IMPACT
Once adopted, the moratorium will impose ongoing procedural requirements on the City, including preparation of required reports, publication and notice of public hearings, and preparation of future agenda items for City Council consideration. Compliance with these requirements will require staff time and related administrative expenses.

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Item 10.1. - CC / LRA – 9/8/2026

ATTACHMENTS

1. Ordinance-Data Center Moratorium

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CITY OF RIVERBANK
ORDINANCE NO. XXXX

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK IMPOSING A 45-DAY TEMPORARY MORATORIUM ON THE

APPROVAL OF NEW LAND USE APPLICATIONS FOR DATA CENTERS TO

ALLOW FOR THE EVALUATION OF POTENTIAL PUBLIC HEALTH IMPACTS AND

LAND USE REGULATIONS
WHEREAS, data centers are facilities used to house computer systems, servers, data-storage equipment, telecommunications equipment, and related components.

Demand for large-scale data centers has increased substantially due to the growth of cloud computing, digital commerce, artificial intelligence, and other data-intensive technologies; and
WHEREAS, large-scale data centers may require substantial quantities of electricity and water to operate and cool their computing equipment and may impose significant demands on public utilities and infrastructure; and WHEREAS, neither the Riverbank Municipal Code (“RMC”) nor the Riverbank Army Ammunition Plant Specific Plan currently directly addresses data centers as a land use within the City of Riverbank (“City”); and
WHEREAS, pursuant to its constitutional police power, the City Council has authority to enact and enforce ordinances and regulations necessary to protect the public peace, health, safety, and welfare of the City and its residents; and WHEREAS, Government Code section 65858 authorizes the City Council, without following the procedures ordinarily required for the adoption of a zoning ordinance, to adopt as an urgency measure an interim ordinance prohibiting uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or Planning Department is considering, studying, or intends to study within a reasonable time; and
WHEREAS, the City Council desires to temporarily prohibit the approval of new land-use applications for data centers while City staff evaluates their potential public health, environmental, infrastructure, and land-use impacts and considers amendments to the City’s zoning regulations, development standards, or permitting requirements are appropriate to regulate data center uses.

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4901-0156-7811, v. 7

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance is adopted pursuant to Government Code § 65858, and other applicable law.

SECTION 2. Findings. The City Council finds as follows:

1. Data center development would create a current and immediate threat to the public health, safety, and welfare by causing significant impacts related to energy consumption, water, wastewater, land use, air emissions, noise, infrastructure demands, environmental quality, and community aesthetics. Approval of a data center project could materially reduce City services available to serve residents, businesses, and other existing and planned uses.

2. The City is in the preliminary stages of studying data centers, their impact on City services and surrounding communities and what zoning regulations are warranted to address these impacts. The City intends to complete this study, and to determine whether amended zoning regulations are warranted, within a reasonable time.

3. Without a temporary moratorium, the City may be required to approve a data center project before completing studies and adopting the regulations necessary to evaluate and mitigate potentially significant impacts. Such development could adversely affect the City’s ability to provide essential public services.

4. Adoption of this interim ordinance is necessary to protect the City and its residents, businesses, and visitors from the potential public health, safety, and welfare impacts associated with data center land uses.

5. The moratorium will provide the City with sufficient time to study the potential impacts of data center development and prepare comprehensive regulations governing the location, design, operation, water and energy use, infrastructure requirements, and other development standards applicable to such uses.

6. Based on these findings and the evidence in the record, including the staff report accompanying this interim ordinance, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the City, and that the approval of additional land use entitlements for data centers, including conditional use permits, building permits, or other applicable approvals required under the RMC, would result in that threat to the public health, safety, and welfare, within the meaning of Government Code section 65858, subdivision (c).

SECTION 3. California Environmental Quality Act.

The City Council finds that adoption of this Urgency Ordinance is exempt from environmental review under the California Environmental Quality Act (Public Resources Code section 21000 et seq.; “CEQA”) pursuant to CEQA Guidelines section 15061(b)(3).

The Ordinance establishes a temporary moratorium on the approval of new land-use

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4901-0156-7811, v. 7
applications for data centers while the City studies potential regulatory amendments. It does not authorize any development, approve any land-use entitlement, or result in any physical change to the environment. Accordingly, it can be seen with certainty that adoption of the Ordinance will not have a significant effect on the environment.

SECTION 4. Imposition of Moratorium.
a. Definition. For purposes of this Ordinance, "data center" means a building or structure, or portion or group thereof, designed or used primarily to house computer servers, data storage or network equipment, and associated electrical and cooling infrastructure, with 5,000 square feet or more of gross floor area devoted to that use or a designed electrical load of 3 megawatts or more. The term does not include server, computer, or telecommunications equipment that is accessory and incidental to a lawfully established principal use on the same parcel, or facilities otherwise regulated under the RMC as communications facilities. b. Moratorium. For the duration of this Ordinance, including any extension, the City shall not approve or issue any land use entitlement, permit, or approval for the establishment, construction, or expansion of a data center, including without limitation any conditional use permit, use permit, variance, site plan or design review approval, zoning clearance, tentative or final map, general plan or zoning amendment, development agreement, grading permit, building permit, or certificate of occupancy.
c. Duration. This Ordinance shall be in effect for forty-five (45) days from the date of adoption and shall thereafter be of no further force or effect unless extended in accordance with Government Code section 65858.

SECTION 5. Effective Date.

This Ordinance shall take effect immediately upon adoption pursuant to Government Code sections 36937 and 65858 because it is necessary for the immediate preservation of the public peace, health, safety, and welfare. This Ordinance shall be adopted by at least a four-fifths vote of the City Council.

SECTION 6. Report.

Pursuant to Government Code § 65858, the City Manager, or designee, must prepare a report for City Council consideration describing the measures taken to address the conditions which led to adoption of this Ordinance. This report must be provided to the City Council so that it may be considered and issued not later than 10 days before this Ordinance expires.

SECTION 7 Publication

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The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Riverbank.

SECTION 8. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or invalid.

This Ordinance was adopted by at least a four-fifths vote at a regular meeting of the City Council of the City of Riverbank held on the 8th day of September, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:

_________________________ __________________________
Gabriela Hernandez Rachel Hernandez
City Clerk Mayor
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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City Council / Local Redevelopment Authority / Public Financing AuthoritySeptember 8, 2026

City Council / Local Redevelopment Authority / Public Financing Authority
September 8, 2026