On the agenda: Riverbank City Council Meeting (second Tuesday) — Data Center (Sep 8)

CITY COUNCIL / LRA BOARD

CITY OF RIVERBANK

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

Regular City Council and Local
Redevelopment Authority Board
Meetings
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.

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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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.

9.

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.

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.

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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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.

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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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) 8637122.
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
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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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

Escanea el código

Escoja el idioma Español

Read Captions on Device
Use Headset for Audio
Lea subtítulos en su aparato
Use auriculares para audio

https://attend.wordly.ai/join/LHDA-5715

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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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

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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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Item 6.1. - CC / LRA – 9/8/2026

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CITY OF RIVERBANK

Proclamation
HISPANIC HERITAGE MONTH
SEPTEMBER 15TH - OCTOBER 15TH
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

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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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 6.2. - CC / LRA – 9/8/2026

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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 8.1. - CC / LRA – 9/8/2026

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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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Item 8.2. - CC / LRA – 9/8/2026

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CITY COUNCIL / LRA BOARD

CITY OF RIVERBANK

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

Regular City Council and Local
Redevelopment Authority Board
Meetings
Council Chambers
6707 Third Street, Suite B
Riverbank, CA 95367

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

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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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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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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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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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•

•

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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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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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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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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• 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 12month 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.

Page 28 of 66

(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.

Page 29 of 66

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:

Page 30 of 66

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.
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.

4934-2840-9799, v. 2

Page 31 of 66

(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

4934-2840-9799, v. 2

Page 32 of 66

(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.

4934-2840-9799, v. 2

Page 33 of 66

(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.
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.

4934-2840-9799, v. 2

Page 34 of 66

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
City Clerk

__________________________
Rachel Hernandez
Mayor

APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

4934-2840-9799, v. 2

Page 35 of 66

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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Page 36 of 66

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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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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Page 38 of 66

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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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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Page 40 of 66

CITY OF RIVERBANK
RESOLUTION 2026A 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

Page 1 of 3
CC/LRA – 09/08/2026
CC Resolution 2026
Page
41 of 66

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 2026Page 42 of 66

ABSENT:
ABSTAINED:
ATTEST:

APPROVED:

________________________________
Gabriela Hernandez, CMC
City Clerk

__________________________
Rachel Hernandez
Mayor

Attachment(s): Economic Incentive Agreement

Page 3 of 3
CC/LRA – 09/08/2026
CC Resolution 2026Page 43 of 66

ECONOMIC INCENTIVE AGREEMENT

BY AND BETWEEN

CITY OF RIVERBANK

AND

STAN BOYETT & SON, INC.

Page 44 of 66

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

Page 54 of 66

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
Attn: City Manager
6707 3rd Street
Riverbank, California 95367

VIA U.S. MAIL & EMAIL

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. dba Boyett Petroleum
Quarterly Calculation
Description

Item Reported

Year
Quarter

2026
Q4

Notes
Calendar year
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

STAN BOYETT & SON, INC.,
a California corporation

Dated:

_
Vanessa Midgley
CFO

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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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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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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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ATTACHMENTS
1.
Ordinance-Data Center Moratorium

Page 4 of 4
Item 10.1. - CC / LRA – 9/8/2026

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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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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

Page 64 of 66

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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4901-0156-7811, v. 7

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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
City Clerk

__________________________
Rachel Hernandez
Mayor

APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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