Livermore City Council
January 10, 2022

Rich Buckley Realty

411 So. L St.

Livermore, CA 94550
Email: [email protected]
January 10, 2022
ATTEN: PLEASE CITY CLERK
Honorable Mayor and City Council
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
Re: Item 6.1 City Council Agenda Packet,
Request my comments be made part of the public participation record on item 6.1 Instead of loaning $1.9-million to the hotel developer to buy and build on the old Livermore Pool and Spa Site (Bordoni-Site), it seems a better use robotic parking (at least in part of the structure) to be built on the old Kentucky Fried Chicken (KFC-Site) site already owned by the City of Livermore. The community has been waiting for the 500 car proposing parking on the KFC-Site for many years.

Engineering planning conducted on the KFC-Site, indicates that a 650 parking space robotic parking structure could be built for around $20.1-million nearly $14.4-million less than the 500 space long awaited KFC-Site parking structure. Part of the KFC-Site parking structure could be dedicated to valet parking. Surprisingly when I drive from your proposed hotel site across South Livermore Avenue along Veterans Way to the 500-car KFC-Site area, I save on average 3-minutes per trip over maneuvering down Railroad Avenue where you are proposing to lend money to build valet parking and use up a valuable street facing lot.

Every 100 valet parked cars is 200 valet trips or wasted 10 hours. These are use delays paid by the hotel quests. Additionally the Valet parking you are proposing on the Bordoni-Site falls 49-parking stalls short of stalls your studies show are required for the 135 room hotel!
Design layouts for 650 robotic parking space garage (with plenty of parking for the 135 room hotel) can be done more compactly yielding nearly a full story of reduced height for all street facing sides including Veterans Way, over the currently proposed 48-foot high proposed KFC-Site 500-car parking.

Very truly yours,

RICH BUCKLEY REALTY
Rich Buckley
Item 6.1
Public Comment Received
806
Item 6.1
Supplemental Memo

INTEROFFICE MEMORANDUM
Date: January 10, 2022
To: Honorable Mayor and City Council
From: Paul Spence, Community Development Director
Subject: January 10, 2022 Item 6.1: Hearing to consider approving an Amended and Restated Disposition, Development and Loan Agreement to develop a four-story hotel
Item 6.1 is a proposed Disposition Development and Loan Agreement with 2205 Railroad Avenue LLC for a Downtown Hotel that includes a site acquisition loan for 2080 Railroad Avenue. Presidio has asked the City to update the agreement to reflect that the signatory for 2205 Railroad Avenue LLC will be PresidioCo Bay Area LLC to reflect the realignment of its hotel interests between its holding companies.

Pr
esidio does business throughout Northern California through two holding companies, PresidioCo Holdings LLC and PresidioCo Bay Area LLC and occasionally realigns its interests between the two holding companies for business purposes. Based on the request, staff has updated the Disposition Development and Loan Agreement and related resolutions to reflect that the requested change and attached them to this Supplemental Memorandum. The developer for the project was, is, and continues to be 2205 Railroad Avenue LLC, but the change reflects that PresidioCo Bay Area LLC is the affiliate signing on behalf of 2205 Railroad Avenue LLC.

R
evised resolutions, and their exhibits, reflecting that change are attached. The Disposition Development and Loan Agreement has been signed on behalf of the developer.

Attachments:

1. Resolution

2. Exhibit A – Plat and Legal Description Hotel Parcel

3. Exhibit B – City Council Resolution 2018-155

4. Exhibit C – City Council Resolution 2018-156

5. Resolution

6. Exhibit A – Amended and Restated Disposition, Development and Loan Agreement
807
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RE

SOLUTION DECLARING THAT TWO CITY-OWNED PARCELS ARE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221
T
he City of Livermore is the owner in fee simple of two parcels of land; Parcel A (hereinafter “Parcel A”) and Subsurface Parcel C (hereinafter “Parcel C”) of Parcel Map 9999 both as more particularly described in Exhibit A , and formerly known as APN 098- 0407-029-02 and APN 09800407-013-00) (collectively “Hotel Properties”).

O
n September 23, 2013, the Livermore Successor Agency adopted Resolution No. 2013-02 approving the Long Range Property Management Plan (“LRPMP”).

O
n September 25, 2013, the Oversight Board to the Livermore Successor Agency approved the LRPMP.

U
pon request of the Department of Finance, minor amendments were made to the LRPMP and approved by the Oversight Board on December 3, 2014 (Oversight Board Resolution No. OB-021), June 17, 2015 (Oversight Board Resolution No. OB -029), and December 16, 2015 (Oversight Board Resolution No. OB -033). The Department of Finance approved the LRPMP on December 28, 2015.

C
oncurrent with the approval of the LRPMP, the Oversight Board also approved the transfer of the Hotel Properties on June 17, 2015 (Oversight Board Resolution No.

OB-030) and again on December 16, 2015 (Oversight Board Resolution No. OB-034).

O
n July 27, 2016, the City entered into an Exclusive Negotiating Rights Agreement with PresidioCo Holdings LLC to establish procedures and standards to negotiate a purchase and sale agreement for the disposition and development of the Hotel Properties for the purpose of building a boutique hotel. The Exclusive Negotiating Rights Agreement was extended by Council on January 23, 2017, May 22, 2017, and November 13, 2017.

O
n January 29, 2018, the City Council approved a plan for the Downtown Core, which included a boutique hotel with 125-135 rooms on the southeast corner of Railroad Avenue and South Livermore Avenue.

O
n February 26, 2018, the City Council authorized the execution of a Hotel Term Sheet with PresidioCo Holdings LLC to lay out the terms that would be included in the Disposition and Development Agreement for the development of the Hotel Properties.

On
August 7, 2018, the Livermore Planning Commission considered the disposition of approximately 3.8 acres of real property located generally between North L Street, Railroad Avenue, First Street, and the Bankhead Theater, known as the Downtown Core Catalyst site for the purposes of implementing the Downtown Core Concept to be consistent with the General Plan in accordance with Government Code section 65402.

Item 6.1
Revised Resolution 1
808
RESOLUTION NO. ________
On September 10, 2018, the City Council adopted Resolution No. 2018-1 56 authorizing the execution of a Disposition and Development Agreement with 2205 Railroad Avenue LLC, which was formed and controlled by PresidioCo Holdings LLC, for the disposition of the Hotel Properties for the development of a boutique hotel. At this same meeting, the City Council adopted Resolution No. 2018-15 5 to approve the Downtown Design Review No. 18-015 for the site design and architecture for the boutique hotel, including a public underground parking garage.

On October 3, 2018, the City of Livermore recorded Parcel Map No. 9999 creating Parcel A and Parcel C from the Hotel Properties.

On December 1, 2018, as provided for in the Development Agreement, PresidioCo Holdings LLC assigned its right, title, and interest in that agreement to PresidioCo Bay Area LLC, and the designation of 2205 Railroad Avenue LLC as the Developer remains unchanged.

The City Council has determined that Parcel A and Parcel C are not necessary for City use as set forth in Resolution No. 2018-155 approving Downtown Design Review for a four -story,133-room hotel on the southeast corner of Railroad and South Livermore Avenue, attached hereto as Exhibit B, and as set forth in Resolution No. 2018-156 authorizing execution of a Disposition and Development Agreement between the City of Livermore and 2205 Railroad Avenue LLC for the conveyance of City -owned Parcels A and C to 2205 Railroad Avenue LLC for the development of a boutique hotel attached hereto as Exhibit C.

The Hotel Properties are designated in the LRPMP for the development of a hotel, and for disposition to the City to in turn dispose of them to a developer. The LRPMP was approved by both the Oversight Board and the Department of Finance. The surplus property legislation provides that its requirements do not apply to former redevelopment property designated in a Long Range Property Management Plan when an agreement for the property’s disposition was executed before either September 30, 2019, or December 31, 2020, and the final disposition is completed before December 31, 2022. Here, the agreements between the City, PresidioCo Holdings LLC, and 2205 Railroad Avenue LLC as the Developer were entered into prior to those dates, and the disposition is scheduled to be completed before December 31, 2022.

The Amended and Restated Disposition, Development and Loan Agreement amends and restates the 2018 Disposition and Development Agreement so that the conveyance of Hotel Properties can be completed. For the reasons stated above, the conveyance of Hotel Properties is exempt from the Surplus Land Act in accordance with Government Code section 54221.

On December 21, 2021, staff notified the California Department of Housing and Community Development (“ HCD”) that it determined that Parcel A and Parcel C were exempt from the Surplus Land Act and supported such determination with written findings.

Item 6.1
Revised Resolution 1
809
RESOLUTION NO. ________
Staff recommends that the City Council declare that the Hotel Properties are exempt surplus land pursuant to Government Code section 54221.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The conveyance of the Hotel Properties, consisting of Parcel A and Parcel C of Parcel Map 9999, from the City to 2205 Railroad Avenue LLC were analyzed by, and the project is consistent with, the August 2, 2018 Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report and Downtown Specific Plan Environmental Impact Report dated February 9, 2004, adopted by the City Council on September 10, 2018, by Resolution No. 2018-153.

No new or more severe significant impacts were identified for the project that was not identified in the 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subsequent EIR.

2. The following two parcels identified herein as the Hotel Properties, consisting of Parcel A and Parcel C of Parcel Map 9999, and as more particularly described in Exhibit A, are exempt surplus land as defined in Government Code section 54221.

a. Real property situated in the City of Livermore, County of Alameda, State of California, and more particularly described as follows: Being all of Parcel A and Subsurface Parcel C, of Parcel Map No. 9999, recorded October 3, 2018, in book 340 of Maps at Pages 86 -89, Alameda County Records. Parcel A containing 53,126 square feet of land more or less and Subsurface Parcel C containing 50, 963 square feet of land more or less.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on January 10, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Item 6.1
Revised Resolution 1
810
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

/s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney

Exhibit A – Plat and Legal Description of Parcels A and C Exhibit B – Resolution No. 2018-155
Exhibit C – Resolution No. 2018-156
Item 6.1
Revised Resolution 1
811

LEGAL DESCRIPTION HOTEL PARCEL
PARCEL A & SUBSURFACE PARCEL C – PARCEL MAP 9999
R

EAL PROPERTY SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF PARCEL A AND SUBSURFACE PARCEL C, OF PARCEL MAP NO. 9999,

RECORDED
October 3, 2018, IN BOOK 340 OF MAPS AT PAGES 86-89, ALAMEDA COUNTY RECORDS.

PARCEL A CONTAINING 53,126 SQUARE FEET OF LAND MORE OR LESS SUBSURFACE PARCEL C CONTAINING 50,963 SQUARE FEET OF LAND MORE OR LESS

EXHIBIT A
EXHIBIT A-1
812

EXHIBIT A
EXHIBIT A-1
813

EXHIBIT A
EXHIBIT A-1
814

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING DOWNTOWN DESIGN REVIEW 18-015
An application for Downtown Design Review ("DOR") 18-015 was initiated by Presidio Companies to develop a four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue (the "Project"). The Project also includes a public underground parking garage, new street frontage and median improvements, a new public street, public surface parking with public ADA accessible stalls, storm water treatments, and landscaping.

The Planning Commission reviewed the Project and determined it is consistent with the Livermore General Plan and related policies. After their review on August 7, 2018, the Planning Commission, by its Resolution No. 30-18, attached hereto as Exhibit A, recommended approval of the Project.

This Council held a public hearing on September 10, 2018, and considered the recommendations of the Planning Commission, together with pertinent drawings, documents, Conditions of Approval, and testimony.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore hereby finds, on the basis of the whole record before it evaluating the environmental impacts of the Project, that the Project is consistent with the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, approved by City Council on September 10, 2018 and City staff is directed to prepare and file a Notice of Determination with the Alameda County Clerk within five days of the adoption of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore:

1. Finds the Project consistent with the General Plan.

2. Is satisfied with the decision and record of the Planning Commission and adopts by reference the findings contained in Planning Commission Resolution No. 30- 18, attached hereto as Exhibit A, and approves the Project subject to the Conditions of Approval, attached hereto as Exhibit B.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk's office, 1052 S. Livermore Avenue, in Livermore California.

RESOLUTION NO. 2018-155
1 EXHIBIT B
815
On motion of Council Member Spedowfski, seconded by Council Member Carling, the foregoing Resolution was passed and adopted on September 10, 2018, by the following vote:

AYES: Council Members Carling, Coomber, Spedowfski, Vice Mayor Woerner, Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
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SaJal;l Bunting
City 9Ie_rk _ . ;/ /
, ,,,_-� - / -- ✓. Date: Septe!)'lber 11, 2018
APPROVED AS TO FORM:

Catrina Fobian
Assistant City Attorney
Exhibit A- Planning Commission Resolution 30-18
Exhibit B - Conditions of Approval
RESOLUTION NO. 2018-155
2 EXHIBIT B
816
(
{

IN THE PLANNING COMMISSION

OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION RECOMMENDING APPROVAL OF
Downtown Design Review (DDR) 18-015

EXHIBIT A
A request to develop a four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue. The project also includes a public underground parking garage, new street frontage and median improvements, a new public street, public surface parking with public ADA accessible stalls, storm water treatments, and landscaping.

Location: 2205 Railroad Avenue
The City received an application for Downtown Design Revi�w (DDR) 18-015.

A courtesy mailing was mailed to neighboring property owners and published in a newspaper of local circulation.

The Planning Commission held a meeting on August 7, 2018, considered the staff recommendation for approval subject to conditions, and heard public testimony.

NOW, THEREFORE, BE IT RESOLVED that, based on the whole record before it, the Planning Commission of the City of Livermore recommends the City Council find the . environmental impacts of Downtown Design Review (DDR) 18-015 were analyzed by and are consistent with the 2018 Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report.

BE IT FURTHER RESOLVED that the Planning Commission finds the follovying based upon the information presented for Downtown Design Review (DOR) 18-015:

The project is in conformance with the Specific Plan's standards and guidelines; or project-specific mitigation measures or conditions of approval have been incorporated into the project to ensure it is in conformance.

Finding: Based on the design review of the project, as documented in the Planning Commission staff report, the proposed project conforms to the applicable standards and guidelines for commercial buildings in the Downtown Specific Plan (DSP). The architectural quality of the structure and site plan reflect the intent of the DSP Design Standards and Guidelines to create a high quality and active urban fabric in Downtown Livermore.
-1- Resolution No. 30-18

EXHIBIT B
817
(
BE IT FURTHER RESOLVED by the Planning Commission of the City of Livermore that, based on the above finding, Downtown Design Review (DDR) 18-015 is recommended to the City Council for approval, subject to the Conditions of Approval dated August 7, 2018, which are necessary to protect the public health, safety, and general welfare.

The documents that constitute the record of proceedings upon which this decision is based can be found in the Community Development Department, 1052 S. Livermore Avenue, in Livermore, California.

On the motion by Comm issioner Pann, seconded by Planning Commissioner Bonanno, the foregoing Resolution was adopted at the Planning Commission meeting of August 7, 2018, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE□:

BONANNO, BJORKLUND, KASKEY, AND PANN.

NONE.

NONE.

FAGUNDES.

Erik Bjorklund, Chairperson
-cl?�--by � Stewa1{Xo�anager
Secretary to the Planning Commission
Resolution No. 30-18

EXHIBIT B
818

CONDITIONS OF APPROVAL
Downtown Design Review (DDR) 18-015
A request to develop a four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue. The project also includes a public underground parking garage, new street frontage and median improvements, a new public street, public surface parking with public ADA accessible stalls, storm water treatments, and landscaping.

Location: 2205 Railroad Avenue
Recommended for Approval by Planning Commission: August 7, 2018 Approved by the City Council: September 10, 2018
A. PROJECT AUTHORIZATION

1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

2. The Downtown Design Review permit shall expire upon the expiration or termination of Development Agreement 18-003, unless an extension is submitted and approved prior to the expiration of the Development Agreement.

B. PROJECT SPECIFIC CONDITIONS
The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set
of improvement plans.

1. Provide a photometric plan for review and approval by the Community Development Department that shows lighting will minimize off-site glare and meet the illumination requirements of the Security Ordinance (Municipal Code, Chapter 15.18).

2. This Downtown Design Review approval does not include the approval of the signs shown on the development plans. All signs are subject to review and approval by the Community Development Department of a separate Downtown Design Review application.
1 EXHBIT B

EXHIBIT B
819

3. The design and location of 30 bicycle parking stalls are subject to review and approval by the Community Development Department prior to submittal for building permits. The stalls may be dispersed among the underground garage, new road, I Street parking facility.

4. Assess the health of the existing street trees along South Livermore and replace them if found to be in poor health, and/or likely to experience stress during hotel construction.

5. Provide trees, landscaping and furnishings that are consistent with the palette for the Downtown Plan Concept Plan Landscape Design Guidelines reviewed by the Planning Commission on August 21, 2018. The City Council will review these Guidelines on September 24, 2018.

6. Coordinate the street tree planting, paving, and landscape improvements along both sides of South Livermore Avenue (along the hotel frontage and Stockmen's Park/Blacksmith Square frontage) to provide a unified and aesthetic entry into the Downtown Core.

7. Include irrigation and planters that are consistent with the City's current standards and specifications.

8. Exterior backflow preventers shall be screened from public view with landscape.

9. Livermore Municipal Code section 12.51 establishes a public art requirement for all projects. For this project, the developer has elected to provide public art on­ site. The applicant shall comply with the following conditions regarding public art:
a. The proposed art is subject to review and approval by the Commission for the Arts prior to receiving a building permit.
b. A certificate of occupancy shall not be issued until the approved work(s) of art has been installed.
c. The developer or owner shall execute a restrictive covenant, which shall be recorded against the project site and shall run with the land for a period of 30 years from the installation date.
d. In the event the public art is stolen, destroyed or vandalized within the 30-year period, the developer or owner must replace or repair the public art pursuant to the Livermore Municipal Code.

10. Prior to occupancy, the applicant shall demonstrate compliance with Municipal Code Section 13.25.060 (Landscape Installation Certification Package).

11. The project is subject to applicable mitigation measures of the 2018 Addendum to the Downtown Specific Plan Amendment 2009 Supplemental Environmental Impact Report.
2 EXHIBIT B
820
C. GENERAL CONDITIONS OF APPROVAL

1. Development shall conform to the map designated by the City as Exhibit B-1.

Exhibit B-1 plans shall include but are not limited to subdivision, landscape, and architectural plans reviewed and approved by the Planning Commission and City Council and amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.

2. For all proposed projects, Bay Area Air Quality Management District (BAAQMD; "Air District") recommends requiring the implementation of all Basic Construction Mitigation Measures, listed in Table 8-1 of the BAAQMD CEQA Guidelines, whether or not construction-related emissions exceed applicable Thresholds of Significance. These basic construction stage recommendations are incorporated below into these Conditions of Approval as project requirements.
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c.. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title ·13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations.

3. Any awnings over windows shall be maintained as an integral architectural feature, in an attractive, serviceable state throughout the life of the project. 3 EXHIBIT B
821

4. The development impact fees (e.g., traffic impact, housing in-lieu, park dedication in-lieu,) and project processing fees due in connection with this permit shall be based upon the fees in effect at the time the fee is paid.

5. The Community Development Department may approve minor amendments to the permit, provided that the permit is still in substantial conformance with the original approval.

6. Prior to receiving a building permit for excavation, grading or construction on development site, the applicant shall contact the Alameda County Vector Control Services District to determine if any pre-baiting requirements are necessary to control migration of vermin to adjacent property.

7. To the extent permitted by law, the project applicant shall defend, indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney's fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

8. Approval of the Downtown Design Review permit is not an authorization to commence construction. Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits

9. Several bioretention areas designed to facilitate stormwater infiltration and treatment are an integral part of the site's utility functioning and any proposed changes to physical design or function shall be subject to prior review and approval by the City Engineer.

D. ENGINEERING DIVISION

1. Development shall conform to the attached Engineering Considerations, dated July 25, 2018.

E. BUILDING DIVISION

1. The project shall comply with currently adopted California Building Standards Code - including Part 11 - the Green Building Standards Code.

F. MAINTENANCE DIVISION

1. All landscaping shall be privately owned, irrigated, and maintained. 4 EXHIBIT B
822

2. All proposed sidewalk, pedestrian curb ramps, and driveways shall be installed in accordance with current ADA Access Board Guidelines and City of Livermore Standards.

3. Applicant shall review all sidewalk and pedestrian ramps adjacent to the property for compliance with ADA standards. Any deficiencies shall be corrected prior to issuance of a Certificate of Occupancy.

4. All existing trees along Livermore Avenue and Railroad Avenue that are to remain will need to be inspected by a qualified Arborist through the Contractor.

If trees are deemed structurally deficient and/or unhealthy, the existing trees need to be removed and replaced with a more suitable tree species.

G. WATER RESOURCES DIVISION
The Water Resources Division has the following comments regarding this project:

1. All restaurants/food service facilities incorporated within this project shall comply with Livermore Municipal Code 13.32.330, which states the following:
"Food Preparation Facilities. All facilities where food is prepared or served shall be equipped with an oil and grease interceptor with a minimum size capacity of 750-gallons. The interceptor shall be connected to the sanitary sewer, and all kitchen generated wastewater with the exception of dishwasher and garbage disposal drainage, shall discharge through the interceptor."

2. Swimming Pool: A drain to the sanitary sewer shall be provided which allows for the proper discharge of draining the pool and/or back-flushing of pool filter equipment to the sanitary sewer.

H. FIRE DEPARTMENT

1. On sheet C5.0, revise plan to show a two 2 ½ inch hose connections, piped off of the sprinkler system, on the east side of the building at a location to be approved by the LPFD.

2. Consult with the LPFD concerning the placement of ground ladder pads.

I. POLICE DEPARTMENT

1. The project shall be required to conform to the provisions of the security section of the Livermore City Code.
5 EXHIBIT B
823

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LIVERMORE AND 2205

RAILROAD AVENUE LLC FOR THE DISPOSITION OF CITY OWNED PARCELS

AND DEVELOPMENT OF A BOUTIQUE HOTEL
(APN'S 098-0407-029-02, 098-0289-013-11, 098-0407-013-00) On January 29, 2018, the City Council approved a plan for the Downtown Core, which includes a boutique hotel with 125-135 rooms on the southeast corner of Railroad Avenue and South Livermore Avenue.

On July 27, 2016, the City entered into an Exclusive Negotiating Rights Agreement with PresidioCo Holdings LLC to establish procedures and standards to negotiate a purchase and sale agreement for the disposition and development of certain property for the purpose of building a boutique hotel. The Exclusive Negotiating Rights Agreement was extended by Council on January 23, 2017, May 22, 2017 and November 13, 2017.

On February 26, 2018, City Council authorized the execution of a Hotel Term Sheet with PresidioCo Holdings LLC to lay out the terms that would be included in the Disposition and Development Agreement. (Resolution No. 2018-024) The City and 2205 Railroad Avenue LLC, a company formed and controlled by PresidioCo Holdings LLC, desire to enter into an agreement to sell the City-owned property to 2205 Railroad Avenue LLC for the construction of a 133-room hotel with an approximately 3,300 square foot bar/lounge, a 1,500 square foot meeting space, fitness center, outdoor pool, open courtyard, patio, and underground parking garage with approximately 120 parking spaces.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore finds that the Disposition and Development Agreement is consistent with the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report approved by City Council on September 10, 2018.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes the City Manager to execute the Disposition and Development Agreement with 2205 Railroad Avenue LLC attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore authorizes the City Manager to execute any documents, with prior approval as to form by the City Attorney, required to effectuate the purpose of the Disposition and Development Agreement, including but not limited to, the parcel map, minor revisions to the schedule of performance, agreements contemplated by the material terms attached as exhibits to the Disposition and Development Agreement, and grant deeds.

RESOLUTION NO. 2018-156
1 EXHIBIT C
824
On motion of Council Member Spedowfski, seconded by Council Member Carling, the foregoing Resolution was passed and adopted on September 10, 2018, by the following vote:

AYES: Council Members Carling, Coomber, Spedowfski, Vice Mayor Woerner, Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
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Date: September 11, 2018
APPROVED AS TO FORM:

G.,1nu-1h�
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Gabrielle Janssens
Assistant City Attorney
Exhibit A
- Disposition and Development Agreement
RESOLUTION NO. 2018-156
2 EXHIBIT C
825
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RE

SOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND

RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT THAT INCLUDES A SITE ACQUISITION LOAN IN THE AMOUNT OF $1,923,750 FOR THE ACQUISITION OF 2080 RAILROAD AVENUE, WITH 2205 RAILROAD

AVENUE LLC FOR DEVELOPMENT OF A BOUTIQUE HOTEL AND PARKING FACILITY; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $ 1,923,750 FROM THE GENERAL FUND TO BE DIRECTED TO

THE SITE ACQUISITION LOAN DESCRIBED IN THE DDLA
(
APNs 098-0407-031-00, 098-0407-033-00, 098-0282-009-00) O
n July 27, 2016, the City entered into an Exclusive Negotiating Rights Agreement with PresidioCo Holdings LLC to establish procedures and standar ds to negotiate a purchase and sale agreement for the disposition and development of certain property for the purpose of building a boutique hotel. T he Exclusive Negotiating Rights Agreement was extended by Council on January 23, 2017, May 22, 2017 , and November 13, 2017.

O
n January 29, 20 18, the City Council approved a plan for the Downtown Core, which includes a boutique hotel with 125-135 rooms on the southeast corner of Railroad Avenue and South Livermore Avenue.

O
n February 26, 2018, City Council authorized the exec ution of a Hotel Te rm Sheet with PresidioCo Holdings LLC to lay out the terms that would be included in the Disposition and Development Agreement.

On or ab
out September 5, 2018, PresidioCo Holdings LLC, formed 2205 Railroad Avenue LLC, which is under the control of PresidioCo Holdings LLC.

O
n Septem ber 10, 2018, the City Council authorized the execut ion of a Disposition and Development A greement with 2205 Railroad A venue LLC for t he disposition of City-owned parcels and development of a boutique hotel. At this same meeting, the City Council approved Downtown Design Review No. 18-015 for the site design and architecture for the boutique hotel , including a public underground p arking garage.

O
n December 1, 2018, as provided for in the Development Agreement , PresidioCo Holdings LLC assigned its right, title, and interest in that agreement to PresidioCo Bay Area LLC, and the designation of 2205 Railr oad Av enue LLC as the Developer remains unchanged.

T
he City and 2205 Railroad Avenue LLC desire to enter into an amended agreement to sel l the C ity-owned property to 2205 Railroad Avenue LLC for the construction of a 125 -135-room hotel and related amenities , a joint solid wast e facility, and include a short-term site a cquisition loan to acquire an off -site private property to develop a parking facility.

Item 6.1
Revised Resolution 2
826
RESOLUTION NO. ________
NOW, THEREFOR E, BE IT RESOLVED that the City Council of the City of Livermore finds that the Dis position, Development and Loan Agreement with 2205 Railroad Avenue LLC i s co nsistent with, and analyzed by, the addendums to the Downtown Specific Plan 2009 Subsequent Envir onmental Impact Re port that were adopted by City Council on September 10, 2018, by Resolution No. 2018-153, May 13, 2019, by Resolution No. 2019-064, and October 26, 2020, by Resolution No. 2020-178, the categorical exemption for infill development for the Downtown H otel Term Sheet dated February 26, 2018, and the 2004 Downtown Specific Plan Environmental Impact Report.

N
o new or more severe significant impacts were identified for the project that was not identified in th e 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no subs tantial ch anges in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subseq uent EIR.

The City Council of the City of Livermore directs the City Cler k to file a Notice of Determination with the Alameda County Clerk
BE
IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. T
he City M anager is authorized to exec ute on behalf o f the C ity of Livermore the Amended and Restated Disposition, Development and Loan Agreement that includes a site acquisition loan in the amount of $1,923,750, with 2205 Railroad Avenue LLC for development of the Downtown boutique hotel and parking facility , attached hereto as Exhibit A.

2. T
he amount of $ 1,923,750 is h ereby ap propriated from t he City of Livermore’s General Fund to be directed to the Site Acquisition Loan described in the Amended and Restated Disposition, Development and Loan Agreement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on January 10, 2022, by the following vote:

AYES:

COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: C OUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

A
TTEST: APPROVED AS TO FORM:
/ s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
E
xhibit A – Amended and Restated Disposition, Development and Loan Agreement Item 6.1
Revised Resolution 2
827
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
828
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
829
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
830
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
831
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PresidioCo Holdings became PresidioCo Bay Area LLC
832
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
833
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
834
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
835
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
836
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
837
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
838
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
839
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
840
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
841
Revised Exhibit A
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Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
842
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
843
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
844
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
845
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
846
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
847
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
848
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
849
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
850
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
851
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
852
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
853
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
854
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
855
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
856
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
857
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
858
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PresidioCo Holdings became PresidioCo Bay Area LLC
859
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PresidioCo Holdings became PresidioCo Bay Area LLC
860
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
861
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
862
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
863
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
864
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
865
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
866
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
867
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
868
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
869
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
870
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
871
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
872
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
873
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
874
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
875
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
876
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
877
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
878
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
879
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PresidioCo Holdings became PresidioCo Bay Area LLC
880
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PresidioCo Holdings became PresidioCo Bay Area LLC
881
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PresidioCo Holdings became PresidioCo Bay Area LLC
882
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PresidioCo Holdings became PresidioCo Bay Area LLC
883
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PresidioCo Holdings became PresidioCo Bay Area LLC
884
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PresidioCo Holdings became PresidioCo Bay Area LLC
885
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PresidioCo Holdings became PresidioCo Bay Area LLC
886
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PresidioCo Holdings became PresidioCo Bay Area LLC
887
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PresidioCo Holdings became PresidioCo Bay Area LLC
888
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PresidioCo Holdings became PresidioCo Bay Area LLC
889
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PresidioCo Holdings became PresidioCo Bay Area LLC
890
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PresidioCo Holdings became PresidioCo Bay Area LLC
891
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PresidioCo Holdings became PresidioCo Bay Area LLC
892
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PresidioCo Holdings became PresidioCo Bay Area LLC
893
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PresidioCo Holdings became PresidioCo Bay Area LLC
894
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PresidioCo Holdings became PresidioCo Bay Area LLC
895
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PresidioCo Holdings became PresidioCo Bay Area LLC
896
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PresidioCo Holdings became PresidioCo Bay Area LLC
897
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PresidioCo Holdings became PresidioCo Bay Area LLC
898
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PresidioCo Holdings became PresidioCo Bay Area LLC
899
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PresidioCo Holdings became PresidioCo Bay Area LLC
900
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
901
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PresidioCo Holdings became PresidioCo Bay Area LLC
902
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Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
903
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
904
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
905
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
906
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
907
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
908
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
909
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
910
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
911
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
912
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
913
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
914
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
915
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
916
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
917
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
918
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
919
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
920
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
921
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
922
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
923
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
924
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
925
Revised Exhibit A
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Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
926
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
927
Revised Exhibit A
Item 6.1
Revised Exhibit A
NOTE: The only change in the document is:

PresidioCo Holdings became PresidioCo Bay Area LLC
928
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
929
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
930
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
931
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
932
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
933
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
934
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
935
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
936
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
937
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
938
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
939
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
940
Revised Exhibit A
Item 6.1
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PresidioCo Holdings became PresidioCo Bay Area LLC
941
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
942
Revised Exhibit A
Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
943
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Item 6.1
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
944
Revised Exhibit A
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PresidioCo Holdings became PresidioCo Bay Area LLC
945
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PresidioCo Holdings became PresidioCo Bay Area LLC
946
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PresidioCo Holdings became PresidioCo Bay Area LLC
947
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PresidioCo Holdings became PresidioCo Bay Area LLC
948
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PresidioCo Holdings became PresidioCo Bay Area LLC
949
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PresidioCo Holdings became PresidioCo Bay Area LLC
950
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PresidioCo Holdings became PresidioCo Bay Area LLC
951
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PresidioCo Holdings became PresidioCo Bay Area LLC
952
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PresidioCo Holdings became PresidioCo Bay Area LLC
953
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PresidioCo Holdings became PresidioCo Bay Area LLC
954
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PresidioCo Holdings became PresidioCo Bay Area LLC
955
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PresidioCo Holdings became PresidioCo Bay Area LLC
956
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PresidioCo Holdings became PresidioCo Bay Area LLC
957
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PresidioCo Holdings became PresidioCo Bay Area LLC
958
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PresidioCo Holdings became PresidioCo Bay Area LLC
959
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PresidioCo Holdings became PresidioCo Bay Area LLC
960
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961
1 Downtown Hotel
Disposition, Development and Loan Agreement
City Council
January 10, 2022
Project Site

PARKING
HOTEL
1 2
Item 6.1
PowerPoint Presentation
962
2 Background
2018 2019 2020 2021 2022
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Initial
4-Story
Hotel
Redesigned
to 3-Story
Hotel
Redesigned
4-Story
Hotel
Specific Plan Amendment & Entitlements
Referendum against Specific Plan Amendments
Referendum adopted by Council; hotel reduced to 3-story Different Amendments to Downtown adopted; surface parking on K St accommodated in EIR (concern about cost escalation & delays) Hotel redesigned for 3-story and Development Agreement approved COVID
Rezoning Initiative certified & placed on 11/2020 ballot Referendum against 3-story hotel Development Agreement filed Referendum certified & election set for 3/2020 (Measure P) Measure P favoring hotel passes by 2/3 majority
Rezoning Initiative pulled by leadership of
Committee to Ensure Central Park Vote
Initially challenged Specific Plan Amendments readopted Specific Plan Amendment for 4-story hotel
Proposed DDLA
for 4-story hotel,
surface valet
parking
Initiative signature gathering
1st Referendum
Rezoning Initiative
2nd Referendum
Disposition, Development & Loan
Agreement
• The City will sell the property to
Presidio at a price of $71,521.
• Presidio will develop an upscale
hotel with between 125-135 rooms.
• Amenities include an approximately
3,300 square foot bar/lounge, 1,500-
2,000 square foot meeting space,
rooftop deck, fitness center, outdoor
pool, and an open courtyard and
patio.
3 4
Item 6.1
PowerPoint Presentation
963
3 Disposition, Development & Loan
Agreement
The DDLA terms require Presidio to:
• Participate in a Community Facility Maintenance District for Downtown Improvements (CFMD) to help fund Stockmen’s Park maintenance • Construct, operate, and manage a solid wa ste facility that will serve the Livermore Valley Center (Bankhead Theater and Plaza, First Street & Railroad Mixed Use Projects, and Livermore Cinema)
• Construct a public roadway and parking spaces on the hotel site, including public ADA accessible spaces
• Grant public access to the rooftop deck
• Lease the hotel site for public parking until the hotel commences construction K Street Parking

PARKING
• The City will provide a loan of
$1,923,750 to Presidio for the
purchase of the parking parcel.
• The loan is at 3.5% interest rate
• The interest rate reflects an
agreement to lease this parcel
back to the City for use as
overflow parking during L Street
Garage construction.
5 6
Item 6.1
PowerPoint Presentation
964
4 Next Steps
March 2022 Planning Commission reviews hotel design
April 2022 City Council reviews hotel design
Recommendation
Staff recommends the City Council adopt two resolutions and direct the following:

1. Declaring that Parcel A and S ubsurface Parcel C of Parcel Map 9999 are exempt surplus land as defined in Government Code Section 54221; and

2. Finding the Dispositi on, Development and Loan Agreement is consistent with, and analyzed by, the addendums to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that were adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178, the categorical exemption for infill development for the Downtown Hotel Term Sheet dated February 26, 2018, and the 2004 Downtown Specific Plan Environmental Impact Report, and authorizing the City Manager to execute the DDLA, including the $1,923,750 Predevelopment Loan, and all documents necessary to effectuate the actions described in the DDLA;

3. Authorizing the City Manager to execut e on behalf of the City the Amended and Restated Disposition and Development and Loan Agreement; and

4. Supplemental appropriation of $1,923,750 from t he General Fund to be directed to the Site Acquisition Loan described in the DDLA.
7 8
Item 6.1
PowerPoint Presentation
965
1 Report from the Director of Emergency Services
regarding the COVID-19 emergency
January 10, 2022
Presented by Marc Roberts, Director of Emergency Services • COVID variants – Vaccination and getting boosted continue to provide
the best protection against severe illness.
• Booster doses are now recommended for everyone 12 y ears and older
.
• The CDC recommends that people ages 5+ years wi th
moderately
to severely weakened immune systems who
received the
Pfizer vaccine should get an additional dose of
vaccine
28 days after their 2nd shot.
• Alameda County’s local isolation and quarantine orders now align with the State’s 5-day isolation and quarantine options.

Updates Since We Last Met
1 2
Item 7.1
PowerPoint Presentation
966
2 • Effective December 30, everyone must wear masks in all indoor settings,
regardless of vaccination status. Alameda
County
's Health Officer rescinded a previous health order
allow
ing fully vaccinated people to go unmasked in certain
settings.
•
The Statewide masking requirement is extended through
February

15. • With the increase in cases, City operations continue. We are in communication with the County and our local vaccination and testing
providers.

Updates Since We Last Met
3 4
Item 7.1
PowerPoint Presentation
967
3 Local Testing Sites
• Alameda County free community testing sites
•
Pleasanton – Axis Community Health (5925 W. Las
Positas Blvd.)
•
Pleasanton – Dublin/Pleasanton BART Station (5801
Ow
ens Dr.)
• Stanford Health Care – ValleyCare Community Te sting
(1
111 E. Stanley Blvd., Livermore)
• Las Positas College Parking Lot P operated by CityHealth Urgent Care (3000 Campus Hill Dr., Livermore)
• The County recommends that if you are unable to access a test
and believe you have been exposed or have
sy
mptoms, you should stay home and follow isolation or
quarantine instructions.

Local Vaccine Clinics
• Upcoming Pfizer Youth Vaccination Clinic at May Nissen Community
Center January 12 and February 2
• Hosted by City, LVJUSD, LARPD and Axis Community
Health
•1 st/2nd doses for students ages 5-11
• Youth booster doses for ages 12-17
•
Standing Clinics:
• Stanford Health Care – ValleyCare (1133 E. Stanley
Blvd.)
• Monday/Thursday/Saturday for ages 12+
• Wednesday/Friday for ages 5-11
• Local pharmacies (CVS, Walgreens, Safeway, Rite
Aid, etc.)
5 6
Item 7.1
PowerPoint Presentation
968
4 7-Day Rolling Avg of Daily New COVID-19 Cases
per 100,000 Population
6/27/2020 to 12/28/2021
Note: sourced from the County’s Data Sharing Initiative https://data.acgov.org/ Alameda County Livermore
Livermore Vaccination Data
Pop. At Least
One Dose
Fully
Vaccinated
Fully Vaccinated
with Booster
Dose
Livermore 88,961 80.7% 75.0% 44.6%
Alameda
County 1,648,969 86.3% 80.0% 48.0%
Note: sourced from the County’s COVID data site https://covid-19.acgov.org/data 7 8
Item 7.1
PowerPoint Presentation
969
5 Questions?
9 Item 7.1
PowerPoint Presentation
970
1 Draft Vision Statement and Guiding Principles
January 10, 2022
Presented by
Andy Ross, Senior Planner
Joanna Jansen, PlaceWorks
Presentation Overview

1. What is a Vision Statement?

2. Overview of Developm ent Process and Community
Outreach

3. Visioning Themes

4. Feedback and Recommendations from Advisory
Committee and Planning Commission

5. Draft Vision Statement and Guiding Principles
1 2
Item 7.2
PowerPoint Presentation
971
2 Project Components
• Vision Statement and Guiding
Principles
• Existing Conditions Reports
• Land Use Alternatives
• Policy Development
• Housing Element
• Draft General Plan
• Environmental Impact Report
(EIR)
ImagineLivermore2045.org
3 4
Item 7.2
PowerPoint Presentation
972
3 General Plan Vision and Guiding
Principles
• Describe the future of Livermore as
you would like it to be in 2045
• Express shared community values
• Relate to topics in the General Plan
• Guide preparation of General Plan
content
• Guide how the General Plan will be
realized
• Are unique to Livermore
From Vision to Policy: Example
• Vision Statement
“Livermore maintains a healthy local
economy”
• Goal (desired outcome)
Increased Local Jobs.
• Policies and Actions (directives to achieve
the goal)
New land use designations for
commercial uses.

Develop a program to attract new
businesses to the Industrial Park.
5 6
Item 7.2
PowerPoint Presentation
973
4 Vision Statement Process

1. Community Input –
September to October

2. Draft Vision and Guiding
Principles

3. GPAC Review – October 27

4. Planning Commission
Review – November 16

5. City Council Direction –
Tonight
Visioning Outreach
7 8
Item 7.2
PowerPoint Presentation
974
5 Visioning Outreach Activities
• Six pop-ups

1. Thursday 9/9 – Farmers’ Market

2. Tuesday 9/14 – Mary lin Avenue
School Food
Pantry

3. Thursday, 9/30 – Farmers’ Market

4. Sunday, 10/10 – Rincon Library

5. Thursday, 10/14 – Farmers’ Market

6. Saturday, 10/16 – L
ivermore
Pridefest
• Virtual Workshop – Thursday, 9/23
• Civic Center Library Outdoor Open
House – Saturday, 9/25
• Online Activity –Thursday, 9/9 to
Sunday, 10/3
• Communitywide Survey (randomly
selected sample) – Thursday, 9/9 to
Thursday, 9/30
How many did we engage with?
• Outreach events:
500 people
• Online participants:
80 • Community survey:
450
• Total= 1,030 people
9 10
Item 7.2
PowerPoint Presentation
975
6 Outreach Materials and Questions
All outreach materials were bi-lingual:
• Business cards with project website
• Flyer advertising community events
• Flyer on the GPU process
Same 4 questions at September events:
• What do you like about Livermore?
• What is your vision for Livermore in
2045?
• What guiding principles should steer
the General Plan?
• What key issues should the General
Plan address?
Online engagement
• Social Pinpoint Ideas
Wall
• 80 participants
• 214 total comments
• Asked the same 4
questions online
“I like the history of
Livermore and how the
past has been
incorporated into present
day Livermore..”
“I like the welcoming
atmosphere and the
feeling of
community.”
.
“I have a vision of a place
where people can grow old
and still get out into the
community to lead
interesting lives. This
means making it safe and
amenable to modes of
travel that the elderly need.”
11 12
Item 7.2
PowerPoint Presentation
976
7 Themes of Visioning Outreach
What do you like about Livermore?
• Small town
• Family friendly
• Welcoming
• Inclusive
• Diverse
• Community
•S a f e
• Downtown
• Restaurants
• Wineries
• Library
• Schools
• Bankhead Theater
• National
Laboratories
• Farmers’ Market
•P a r k s
• Arts and Events
• Open space
• Greenbelt around
the city
• Biking
• Walking/hiking
13 14
Item 7.2
PowerPoint Presentation
977
8 What is your vision for Livermore in 2045?
• Small town feel, family
friendly
• Safe and healthy
community
• Vibrant downtown
• Strong local economy,
economic opportunity
• An accessible
transportation system for
pedestrians, bicyclists, and
public transit
• Variety of affordable
housing options
• Protected open space
What guiding principles should steer the
General Plan?
• Diversity
• Inclusivity
• Equity
• Safety
• Prosperity
• Balance
• Sustainability
• Family friendly/
welcoming
15 16
Item 7.2
PowerPoint Presentation
978
9 What key issues should the General Plan
address?
• Lack of affordable and diverse housing
• Crime
• Community health
• Climate change
• Managed growth
• Public services and infrastructure level of
service
• Traffic/congestion
• Public transit system including BART to
Livermore
• Parking
• Negative impacts to city from airport expansion
• Homelessness
• Rent control
• More high-density housing
• No four-story housing developments
Themes of GPAC Feedback
• Generally agreed the Draft Vision
Statement and Guiding Principles
captured the Livermore essence
• Use more aspirational terminology
• Add the concept of resiliency.
• Honor Native Americans
17 18
Item 7.2
PowerPoint Presentation
979
10 Themes of Planning Commission
Recommendations
• Agree with GPAC feedback
• Vision Statement needs more
emotional resonance
• Use aspirational language
• Include economic sustainability
• Integrate the concept of reliability,
resiliency, and security of resources
• Include family-friendly wording
• Include attributes: sciences, arts,
cultural amenities, jobs, and breweries
• Revise agricultural heritage to an active
statement
• Incorporate biological diversity into
open space preservation
Draft Vision and Guiding Principles
19 20
Item 7.2
PowerPoint Presentation
980
11 Draft Vision Statement
In 2045, Livermore is safe and welcoming for
all. Residents and visitors enjoy a vibrant,
active, clean downtown, complemented by
commercial districts distributed throughout the
city’s various neighborhoods. Known for a
healthy economy, Livermore supports a
diverse variety of local jobs including those in
science and technology, arts and trades, and
agriculture. Livermore is recognized for its
public art and cultural amenities, which are
enjoyed by the local community and visitors
alike. Individuals and families of all types and
income levels find diverse housing choices
close to shopping and entertainment, jobs,
well-maintained parks, and exceptional
schools.

Draft Vision Statement
Residents and visitors value clean energy,
water, and air that contribute to Livermore’s
high quality of life. Everyone appreciates the
availability of pleasant, convenient, zero-
emission mobility and enjoys a variety of travel
options. People walk and bike on paths,
sidewalks, and trails for errands, to meet their
daily needs, and for fun.

In 2045, Livermore is a unique community with
a big heart where families and individuals
flourish, and diverse people work together for
the common good. Neighbors cultivate a
connection to their city and to each other
fostering a close-knit community where civic
life and opportunity thrive.
21 22
Item 7.2
PowerPoint Presentation
981
12 Draft Guiding Principles
• Balance. We prioritize well-designed development and thoughtful preservation and collaborate to choose carefully among the tradeoffs inherent in progress. • Diversity. We welcome and celebrate everyone, respect and listen to differing viewpoints, seek out the voices of those who have been underserved, and ensure everyone has a say in City decisions.
• Equity. We create opportunities to thrive in healthy homes and neighborhoods and connect people to the services they need.
• Prosperity. We take pride in our excellent, fiscally sound City services and infrastructure that support a growing population and an abundant, adaptable local economy where people come to work, shop, dine, and spend time at our parks and open spaces, wineries, breweries, and cultural venues. • Sustainability. We protect open spaces for its scenic, watershed, biological and recreation value, integrate nature into the urban environment, minimize our negative impacts on the planet, and proactively reduce our greenhouse gas emissions. We use our financial resources productively and at a manageable rate.
 Resiliency. We plan ahead to adapt to a changing climate, manage resources wisely, and ensure the stability of our homes, businesses, energy, and infrastructure.
 Integrity. We recognize the Ohlone people as the original stewards of this area and honor small-town roots as we plan for future generations.

Recommendation
The Planning Commission and staff recommend the City Council adopt a Resolution approving the General Plan Update – Draft Vision Statement and Guiding Principles.
23 24
Item 7.2
PowerPoint Presentation
982
1 LAVTA ZEB Transition Study
January 10, 2022
Steve Clermont, Director of
Planning & Deployment
Savannah Gupton, Lead
Managing Consultant
Niki Rinaldi El‐Abd, Lead
Associate
About CTE
1 2
Item 7.3
PowerPoint Presention
983
2 CTE Service Areas
Starting January 1Z E B  Percentage of Total
New Bus Purchases
2026 25%
2027 25%
2028 25%
2029 100%
CARB Innovative Clean Transit Regulation
ZEB Purchase Requirements
100% ZEB Fleet by 2040 is not a mandate, but a goal
There is only a purchasing mandate:
• Small CA Transit Agencies (<100 buses) are required to submit a board‐approved ZEB Rollout Plan by July 1, 2023.
3 4
Item 7.3
PowerPoint Presention
984
3 Battery Electric Buses & Fuel Cell Electric Buses
BEB Fuel Delivery Pathway FCEB Fuel Delivery Pathway
Battery Electric Buses (BEB)
• May need to increase fleet size
• Fueling time longer than ICE* bus
• Fuel cost highly variable. Could be higher
or lower than fossil fuels
• BEB bus cost approximately 50% higher
than LAVTA diesel bus
• Infrastructure costs increases per bus
when scaled up
Fuel Cell Electric Buses (FCEB)
• Comparable ra nge to ICE* bus –1 : 1
replacement ratio
• Fueling time comparable to ICE bus
• Fuel cost moderately higher than fossil fuel
• Bus cost 70% higher than LAVTA diesel bus
• Infrastructure costs reduce per bus when
scaled up
• Greater resilience
• Fewer entrants in market compared to BEB
*Internal Combustion Engine
ZEB Infrastructure Scalability
• FCEB: High initial cost
for H2 fueling
stations can be
leveraged over many
buses in larger fleets
• BEB: More
equipment and
infrastructure is
needed to support
larger fleets
Per Bus
5 6
Item 7.3
PowerPoint Presention
985
4 ZEB Transition Methodology
Overnight Depot‐Charged BEB Service Feasibility
58%
62%
88%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
PERCENTAGE OF BLOCKS THAT ARE FEASIBIBLE BASED ON BATTERY CAPACITY YEAR
Depot BEB Feasibility
7 8
Item 7.3
PowerPoint Presention
986
5 ZEB Technology Fleet Transition Scenarios
Additional ZEB technology solutions are required
to achieve a 100% zero‐emission fleet transition
• Depot & on‐route charged battery‐electric
buses (BEBs)
• Depot charged battery‐electric buses (BEBs) &
fuel cell electric buses (FCEBs)
• Fuel cell electric buses (FCEBs) only
Total Cumulative Capital & Operating Costs
All Scenarios, 2021‐2040
$97.7M
$136.9M $140.4M $151.6M
$18.5M
$22.1M $23.0M
$29.7M$20M $15M
$8M
$22.1M
$21.7M $22.5M
$24.6M
$138M
$201M $201M
$214M
$‐
$50,000,000
$100,000,000
$150,000,000
$200,000,000
$250,000,000
Baseline BEB  Only Mixed Fleet FCEB Only
Cost of Ownership
Scenario
Total Cost of Ownership
Maintenance
Infrastructure
Fuel
Fleet

45.7%

6.5%
9 10
Item 7.3
PowerPoint Presention
987
6 Incremental Bus Capital Costs
$109.6 M
$121.3 M
$27.4 M
$30.3 M
$136.9 M
$151.6 M
$0.0 M
$20.0 M
$40.0 M
$60.0 M
$80.0 M
$100.0 M
$120.0 M
$140.0 M
$160.0 M
BEB Only FCEB Only
Fleet Capital Cost MTC Contribution
$904,000
$226,000
BEB
MTC
Contribution
LAVTA
Contribution
$1,012,000
$253,000
FCEB
MTC
Contribution
LAVTA
Contribution
Fuel Cost per Mile Comparison
‐$0.10
$0.00
$0.10
$0.20
$0.30
$0.40
$0.50
$0.60
$0.70
$0.80
$0.90
$1.00
Diesel Cost per Mile Outlook
Present
Cost
Future
Cost
‐$0.10
$0.00
$0.10
$0.20
$0.30
$0.40
$0.50
$0.60
$0.70
$0.80
$0.90
$1.00
Electricity Cost per Mile Outlook
Present
Cost
Future
Cost
LCFS Credit Cost
Reduction from
Present Cost
‐$0.10
$0.00
$0.10
$0.20
$0.30
$0.40
$0.50
$0.60
$0.70
$0.80
$0.90
$1.00
Hydrogen Cost per Mile Outlook
Future
Cost
Present
Cost
LCFS Credit Cost
Reduction from
Present Cost
11 12
Item 7.3
PowerPoint Presention
988
7 LAVTA Staff Recommendation: FCEB
• FCEBs provide greater flexibility in deployment planning due to greater comparable range than BEBs.
• General expectation that H2 fuel prices will trend lower in next decade, with growing opportunities for green hydrogen. • Opportunities to leverage economy of scale with Valley Link project.
• Stronger service resilience following a major disaster . • Less infrastructure needed at Atlantis and transit centers. • Higher reported availability than BEB*
* AC Transit ZETBTA report (Part 1)
Performance Data
Fleet availability –a  measurement of the vehicle
readiness status for morning pull out at 7 a.m.

Miles between road calls (MBRC) –a n indicator
that measures the vehicle miles between
mechanical failures during revenue service
* AC Transit ZETBTA report (Part 1)
Jul 2020 –D e c 2020 BEB FCEB
Fleet availability 57% 90%
MBRC 8,109 10,406
13 14
Item 7.3
PowerPoint Presention
989
8 Hydrogen Production Centers
Proposed Hydrogen Production Centers
In‐Service Hydrogen Production Centers
Hydrogen Producers

1. Air Liquide (Las Vegas)

2. Air Products (Sacramento &
Los Angeles)

3. Linde (Ontario, CA)

4. Plug Power (Fresno) –
Proposed

5. SG2 H2 Energy (Butte &
Lancaster) –P r o p o s e d
Hydrogen Storage & Distribution Centers
Proposed Hydrogen Distribution Hubs
In‐Service Hydrogen Distribution Hubs
Distribution Center Operators

1. First Element (Livermore)

2. Shell (Los Angeles &  Port of
Long Beach & Ontario)

3. Plug Power (Fresno) –
Proposed
15 16
Item 7.3
PowerPoint Presention
990
9 Medium/Heavy Duty Fueling Stations
Proposed Med/Heavy Duty Fueling Station
In‐Service Med/Heavy Duty Fueling Station
Med/Heavy Fueling Stations

1. AC Transit (Emeryville & Oakland)

2. OCTA (Santa Ana)

3. Sunline (Thousand Palms & Indio ‐
proposed)

4. First Element (Oakland & Fresno &
Livermore)

5. Golden Empire Transit (Bakersfield) –
Proposed

6. North County Transit (Oceanside) –
Proposed

7. Foothill Transit (Pomona) –P r o p o s e d
FCEB Project Process & Risk Mitigation Plan
LAVTA 12 FCEB
Procurement
RFP
PO for 12
FCEBs Issued
Bus
Production
Bus
Delivery
Bus Testing
and
Acceptance
Bus & Station
Enter Service
Interim
Fueling at
First Element
Distribution
Center
concurrent & approx. 18 months
H2 Station
Requirements
Analysis and RFP
Station
Contracting &
NTP
Station
Construction
Station
Commissioning
New Maintenance
Facility Construction
with H2 Code &
Detection
Retrofit 2 existing
LAVTA maintenance
bays with H2 gas
detection
Bus Timeline
Facility Timeline
with capital award
Contingency Facility Plan Pending Funding Availability
17 18
Item 7.3
PowerPoint Presention
991
10 Station & Maintenance Facility Funding
Potential ‐ High
Federal Funding Opportunities
• United States Department of Transportation (USDOT)
– Better Utilizing Investments to Leverage
Development (BUILD) Grant
• Federal Transportation Administration (FTA)
– Capital Investment Grants –N e w Starts
– Capital Investment Grants –S m a l l Starts
– Bus and Bus Facilities Discretionary Grant
– Low‐or No‐Emission Vehicle Grant
– Metropolitan & Statewide Planning and Non‐
Me
tropolitan Transportation Planning
– Urbanized Area Formula Grants
– State of Good Repair Grants
– Flexible Funding Program –S u r f a c e
Transportation Block Grant Program
• Federal Highway Administration (FHWA)
– Congestion Mitigation and Air Quality
Improvement Program
• Environmental Protection Agency (EPA)
– Environmental Justice Collaborative Program‐
Solving Cooperative Agreement Program
State Funding Opportunities
• California Air Re sources  Board (CARB)
– Hybrid and Zero‐Emission Truck and Bus Voucher
Incentive Project (HVIP)
– State Volkswagen Settlement Mitigation
– Carl Moyer Memorial Air Quality Standards
Attainment Program
– Cap‐and‐Trade Funding
– Low Carbon Fuel Standard (LCFS)
• California Transportation Commission (CTC)
– Solution for Congested Corridor Programs (SCCP)
• California Department of Transportation (Caltr ans)
– Low Carbon Transit Operations Program (LCTOP)
– State Transit Assistance (STA) + STA SB1
– Transportation Development Act
– Transit and Intercity Rail Capital Program
– Transportation Development Credits
– New Employment Credit
• California Energy Commission
– Block Grant for Medium and Heavy Duty Zero‐
Emission Refueling Infrastructure Incentives
– EnergIIZE
Next Steps
• January 24 – Project and Services Committee
• February 7 –B o a r d of Directors Meeting: Zero‐emission transition scenario selection
• April 4 –B o a r d of Directors Meeting: ICT Rollout Plan Final and Approval by Board
19 20
Item 7.3
PowerPoint Presention
992
11 Questions?
21 Item 7.3
PowerPoint Presention
993
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type
Mayor Woerner 12/15/2021 All‐America City Award Reception Reception Mayor Woerner 12/21/2021 LDI Board Meeting
Mayor Woerner 12/22/2021 Valley Link Board of Directors Mayor Woerner 12/31/2021 East Bay Regional Communications System Authority http://www.ebrcsa.org/meetings.page Board Meeting Mayor Woerner 1/4/2022 Valley Link Kick Off Briefing
Mayor Woerner 1/5/2022 Alameda  County Health Care Servcies Agency Elected Officials COVID Update Mayor Woerner 1/5/2022
Tri Valley Cities Mayors, City Mangers and Liaisons
Meeting
Mayor Woerner 1/10/2022 Alameda County Transporation Committee https://www.alamedactc.org/get‐involved/upcoming‐
meetings/
Programs and Projects
Committee
Mayor Woerner 1/10/2022 Alameda County Transporation Committee https://www.alamedactc.org/get‐involved/upcoming‐
meetings/ Special Commission Meeting
Item 8.0
Council Members' Reports
994
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type Committee Report: Summary Vice Mayor Bonanno 12/15/2021 All‐America City Award Reception Vice Mayor Bonanno 12/29/2021 Livermore‐Amador Valley Transit Authority https://www.wheelsbus.com/meeting/projects‐and‐
services‐committee‐meeting‐71/
LAVTA Programs and Services
Committee
Committee updated on zero emission
bus (ZEB) study. LAVTA to present to City
Council on 1/10/22.

Vice Mayor Bonanno 12/29/2021 Livermore‐Amador Valley Transit Authority https://www.wheelsbus.com/meeting/special‐
board‐of‐directors‐meeting‐4/ Board
Special board meeting to approve
continuation of remote meetings
Item 8.0
Council Members' Reports
995
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type
Council Member Carling 12/15/2021 StopWaste Board Meeting Item 8.0
Council Members' Reports
996

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

January 10, 2022
TO:

Honorable Mayor and City Council
FROM:

Donald Hester, Acting Administrative Services Director
SUBJECT:

Items received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Debbie Elam
Deputy City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Bhavna Chaudhary
City Treasurer/Finance Manager

997
Item Name Comment Position
4) CITIZENS FORUM
Glenn Stewart
Previous mayor and current mayor & group who have zero
experience in urban planning, decided in 2013 to develop 8.2 acres without residents input & without retaining an urban planner. The $500K 2017 workshops (waste of money) only happened because of public outcry to 260 high‐rise Lennar condos.

Then cut a deal with Eden Housing without engaging residents & what a mess today.

They€™re  focused on east side hotel w/o underground parking‐ again no outside urban consulting or listening to residents.

Now spending $34M on 500car L St garage, when a 625car robotic garage can be built for $20M. Extra 125 parking spaces can be for hotel parking.

Now, you want to loan $1.9M of taxpayer€™s  money to buy Pool site and build a flat parking lot. That€™s  crazy. Zero consideration as to the impact on future parking, traffic congestion, community character.

Do you know that Listening builds trust€¦reduces
misunderstandings€¦ eliminates conflict€¦improves business relationships€¦improves leadership skills?
eComments Received
998

6.1) Hearing to consider approving an Amended and
Restated Disposition, Development and Loan
Agreement with 2205 Railroad Avenue LLC to develop
a four‐story hotel on the southeast corner of Railroad
Avenue and South Livermore Avenue, which includes a
site acquisition loan for 2205 Railroad Avenue LLC to
develop a parking facility on 2080 Railroad Avenue; to
declare that the parcels to be transferred from the
City to 2205 Railroad Avenue LLC are identified for
disposition for the development of a hotel in the
Livermore Successor Agency's Long Range Property
Management Plan and are exempt surplus land; and
authorizing a supplemental appropriation of
$1,923,750 from the General Fund for the site
acquisition loan.

Doug Gehmlich
It is unconscionable to loan money to build a private hotel parking lot with public funds, especially when the city cannot afford to fund essential services without wanting to raise our sales and property taxes.  If the city can afford to loan $1.9M for a private parking lot for a hotel, then you do not need new taxes to support essential services.  In general, I do not support using public funds for any private development.  If the private developers cannot raise private funding for their projects, then clearly financial institutions do not think the project is viable.  The city has already funded this project too much by declaring the hotel property "excess", thus essentially giving the land to the developers.

Oppose
eComments Received
999
From: [email protected]
To: Cityclerk - Livermore
Cc: [email protected]
Subject: January 10 City Council Agenda, Item 6.1
Date: Monday, January 10, 2022 4:48:08 PM
Attachments: Livermore City Council Agenda 1-10-22 - item 6.1 - SLD letter.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Ms. Weber –
Please circulate the attached correspondence to the City Councilmembers in advance of tonight’s City Council meeting.

Thank you very much.

Very truly yours,
Michelle Cornell-Davis

LATHAM & WATKINS LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Direct Dial: +1.213.891.7675
Fax: +1.213.891.8763
Email: [email protected]
https://www.lw.com
_________________________________
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, disclosure, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies including any attachments.

Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent or received by our networks in order to protect our business and verify compliance with our policies and relevant legal requirements. Any personal information contained or referred to within this electronic communication will be processed in accordance with the firm's privacy notices and Global Privacy Standards available at www.lw.com.

Item 6.1
Public Comment Received at the Meeting
1000
355 South Grand Avenue, Suite 100
Los Angeles, California 90071-1560
Tel: +1.213.485.1234 Fax: +1.213.891.8763
www.lw.com

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January 10, 2022
VIA EMAIL ([email protected])
Mayor W
oerner and Members of the City Council
City of Livermore
City Hall
1052 S. Livermore Ave.

Livermore, CA 94550
Re: January 10, 2022 City Council Hearing, Agenda Item No. 6.1 Dear Mayor Woerner and Honorable Councilmembers:

On behalf of Save Livermore Downtown (“SLD”), we appreciate the opportunity to submit these comments on the proposed Amended and Restated Disposition, Development and Loan Agreement with 2205 Railroad Avenue LLC (“DDLA”) for the development of a hotel on the southeast corner of Railroad Avenue and South Livermore Avenue (the “Project”). SLD supports the development of a hotel in downtown Livermore, and recognizes that the City and its voters realize the benefits the hotel will bring to downtown Livermore. However, for the reasons discussed below, SLD respectfully requests that the City Council reject the proposed DDLA.

SLD believes that there is a higher and better use for property located at 2080 Railroad Avenue than just a surface parking lot. This parcel would instead be better suited for an affordable housing project. SLD has previously raised this issue to the City, noting that this parcel and its adjoining properties would be an ideal location for a larger affordable housing project than Eden Housing had proposed on the Lucky Site. Using the parcel as a surface parking lot is simply bad planning.

Using the 2080 Railroad Avenue parcel for off-site parking is also contrary to applicable planning and zoning rules. The Downtown Specific Plan states that for commercial, retail, office, and non-residential uses in the Downtown Core plan area—where the hotel would be situated—“[r]equired parking shall be provided on-site, by payment of an in-lieu fee, off-site within the Downtown Core, or any combination thereof.” (Downtown Specific Plan, Ch. 8, p. 7 [emphasis added].) Thus, although the Downtown Specific Plan allows for the use of off-site parking, that parking is limited to off-site areas “within the Downtown Core.” While the hotel is within the Downtown Core, 2080 Railroad Avenue is not. “The Downtown Core is centered on the City’s historic crossroads, at the intersection of First Street and Livermore Avenue. Its northern boundary is Railroad Avenue from M Street to Livermore Avenue.” (Downtown Specific Plan, Ch. 4, p. 3 [emphasis added].) To that end, 2080 Railroad Avenue is actually within the “Downtown Neighborhood - North Side” area of the Downtown Specific Plan, which Item 6.1
Public Comment Received at the Meeting
1001
January 10, 2022

is not in the Downtown Core. Because the 2080 Railroad Avenue site is outside of the Downtown Core, the hotel project as envisioned in the proposed DDLA is inconsistent with the Specific Plan, in that it would allow off-site parking for the hotel in an unlawful location.

Moreover, as part of the approval of the DDLA, staff recommends that City Council authorize a supplemental appropriation of $1,923,750 from the General Fund for a site acquisition loan for 2080 Railroad Avenue. However, as discussed above, the use of 2080 Railroad Avenue for surface parking is contrary to local planning and zoning rules—specifically the Downtown Specific Plan. Thus, such an exorbitant loan clearly constitutes an “illegal expenditure of, waste of, or injury to, the estate, funds, or other property of [the city]. (Code of Civil Procedure, § 526a.) In other words, this “loan” would be a waste of taxpayer funds.

Finally, the Staff Report contains a conclusory assertion that the sale of the hotel parcels to 2205 Railroad Avenue LLC is exempt from the Surplus Land Act. However, while the hotel property may be exempt under the current version of the Surplus Land Act set forth in 2019’s Assembly Bill 1486 and the accompanying Surplus Land Act Guidelines implementing it, Government Code sections 54234(a)(1) and (b)(1) are clear that the Surplus Land Act as it existed on December 31, 2019 still applies. (Gov. Code § 54234(a)(1) [“If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply. . . .”]; id. at 54234(b)(1) [explaining that the 2019 version of the Surplus Land Act applies to “land held in the Community Redevelopment Property Trust Fund. . .or that has been designated in a long-range property management plan when “[a] exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31, 2020” and “[t]he disposition is completed not later than December 31, 2022.”].) Here, the City’s staff report does nothing to demonstrate that the City complied with the prior version of the Surplus Land Act in proposing to dispose of the property to 2205 Railroad Avenue, LLC. Generally, the prior version of the Surplus Land Act required a city, prior to disposing of surplus land, to offer that land for sale or lease for affordable housing, park and recreational purposes, and school district facilities or open space. (See former Gov. Code, § 54222.) The City needs to explain on the record how it complied with the prior version of the Surplus Land Act with respect to the hotel parcels, and/or whether it contends that this disposition is also exempt from the former version of the law.

We appreciate your attention to the issues addressed in this letter, and we look forward to discussing them further with you. If you have any questions, please do not hesitate to call me at (213) 891-8983 or email me at [email protected].

Very Truly Yours,
Winston Stromberg
of LATHAM & WATKINS LLP
Item 6.1
Public Comment Received at the Meeting
1002
From: Richard Ryon
To: Cityclerk - Livermore; Livermore City Council
Cc: Independent
Subject: Please reject the proposed $1.9 million loan to 2205 Railroad Avenue, LLC Date: Monday, January 10, 2022 5:11:53 PM
Attachments: Letter to City Council 10Jan22.docx
Untitled attachment 00009.htm
January 10, 2022
Dear Council Members,

City Staff recommends appropriation of
$1,923,750 from the General Fund to be loaned at

3.5% to the downtown hotel developer
to acquire the currently-vacant lot at 2080 Railroad
Avenue. The lot
would

become valet parking for the hotel. The City previous agreed to sell the property

at the SE corner of S. Livermore and Railroad Avenues to the same corporation to build a 133 room hotel
with

underground parking.

The proposed parking
lot would be a tenth
of a mile away from the hotel.

The proposed borrower is the corporate
entity known as 2205 Railroad Avenue, LLC. It is
wholly owned and operated by
Presidio Holdings LLC. Why did Presidio create 2205 Railroad Avenue? It is
reasonable to assume to limit financial liability through bankruptcy. As a separate corporation, 2205 Railroad can go bankrupt at any time, without recourse to the
parent company, Presidio, or its
owners.

The City previous agreed to sell the
property at S. Livermore and Railroad to the same
entity for $71,521 to build
the hotel and underground parking lot. The developer now says that cost

increases

have made building the underground parking economically infeasible. Thus, its
stated need for an alternate site for a parking lot, to be purchased with the City-provided loan.

The proposed loan to purchase the alternate
parking lot is $1,923,750. That is 27 times
larger than paid for the hotel site
itself! The hotel site sale price of $71,521 is only $1.33 per square foot, or

$61,700 per acre! It is reasonable to say the City sold the hotel site for well below its actual value.

Interest rates on commercial loans are
somewhere around 4.5% - 7.0% At current interest
rates, and rates of inflation,
the proposed loan rate of 3.5% seems well below what should be paid.

America is supposed to have a
market-driven, free enterprise economic system. The above hotel sales price,
the City loan instead of self-financing or commercial loan, and loan interest rate seem
more like the mafia-capitalism of Russia or the government-dominated capitalism of
China. It is not what should be tolerated in America!

It appears that a weak developer entity is
seeking a subsidy at taxpayer expense from the
City. There is already one
bankrupt development in downtown Livermore, at the former Groth Brothers car

dealership site at L Street between Railroad Avenue and First Street. Do we really
want another bankrupt development nearby? The City’s taxpayers should not be obligated to
subsidize a financially
weak developer.

In conclusion, the City Council should

reject the proposed loan. The Council should
require that the originally

approved plan to construct a parking garage under the hotel be adhered to.

Sincerely,

Richard Ryon

Livermore,
CA
Attachment: This letter
Item 6.1
Public Comment Received at the Meeting
1003
To: Livermore City Clerk <[email protected]>, Livermore Council members <[email protected]>
CC: Editor Livermore Independent Newspaper <[email protected]> Subject: Please reject the proposed $1.9 million loan to 2205 Railroad Avenue, LLC Date: January 10, 2022

Dear Council Members,
City Staff recommends appropriation of $1,923,750 from the General Fund to be loaned at

3.5% to the downtown hotel developer to acquire the currently-vacant lot at 2080 Railroad Avenue. The lot would become valet parking for the hotel. The City previous agreed to sell the property at the SE corner of S. Livermore and Railroad Avenues to the same corporation to build a 133 room hotel with underground parking. The proposed parking lot would be a tenth of a mile away from the hotel.

The proposed borrower is the corporate entity known as 2205 Railroad Avenue, LLC. It is wholly owned and operated by Presidio Holdings LLC. Why did Presidio create 2205 Railroad Avenue? It is reasonable to assume to limit financial liability through bankruptcy. As a separate corporation, 2205 Railroad can go bankrupt at any time, without recourse to the parent company, Presidio, or its owners.

The City previous agreed to sell the property at S. Livermore and Railroad to the same entity for $71,521 to build the hotel and underground parking lot. The developer now says that cost increases have made building the underground parking economically infeasible. Thus, its stated need for an alternate site for a parking lot, to be purchased with the City-provided loan.

The proposed loan to purchase the alternate parking lot is $1,923,750. That is 27 times larger than paid for the hotel site itself! The hotel site sale price of $71,521 is only $1.33 per square foot, or $61,700 per acre! It is reasonable to say the City sold the hotel site for well below its actual value.

Interest rates on commercial loans are somewhere around 4.5% - 7.0% At current interest rates, and rates of inflation, the proposed loan rate of 3.5% seems well below what should be paid.

America is supposed to have a market-driven, free enterprise economic system. The above hotel sales price, the City loan instead of self-financing or commercial loan, and loan interest rate seem more like the mafia-capitalism of Russia or the government-dominated capitalism of China. It is not what should be tolerated in America!
It appears that a weak developer entity is seeking a subsidy at taxpayer expense from the City. There is already one bankrupt development in downtown Livermore, at the former Groth Brothers car dealership site at L Street between Railroad Avenue and First Street. Do we really want another bankrupt development nearby? The City’s taxpayers should not be obligated to subsidize a financially weak developer.

In conclusion, the City Council should reject the proposed loan. The Council should require that the originally approved plan to construct a parking garage under the hotel be adhered to.

Sincerely,
Richard Ryon
Livermore, CA
Item 6.1
Public Comment Received at the Meeting
1004
From: Jean King
To: Bob Woerner; Gina Bonanno; Robert Carling; Brittni Kiick; Patricia (Trish) Munro Cc: Cityclerk - Livermore
Subject: Fwd: January 10 City Council Agenda, Item 6.1
Date: Monday, January 10, 2022 5:40:18 PM
Attachments: Livermore City Council Agenda 1-10-22 - item 6.1 - SLD letter.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Mayor and Council Members
The City Clerk suggested that I send this correspondence to you directly.

Thank you.

Jean King
Save Livermore Downtown
From: Cornell-Davis, Michelle (LA) <[email protected]> Sent:

Monday, January 10, 2022 4:48 PM
To:

[email protected]
Cc: Stromberg, Winston (LA) <[email protected]>
Subject:

January 10 City Council Agenda, Item 6.1

Dear Ms. Weber –

Please circulate the attached correspondence to the City Councilmembers in advance of tonight’s City Council meeting.

Thank you very much.

Very truly yours,

Michelle Cornell-Davis

LATHAM & WATKINS LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Direct Dial: +1.213.891.7675
Fax: +1.213.891.8763
Email:

[email protected]
https://www.lw.com

_________________________________
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient.

Any review, disclosure, reliance or distribution by
others or forwarding without express permission is strictly prohibited.

If you are not the
intended recipient, please contact the sender and delete all copies including any attachments.

Item 6.1
Public Comment Received at the Meeting
1005
Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent or received by our networks in order to protect our business and verify compliance with our policies and relevant legal requirements. Any personal information contained or referred to within this electronic communication will be processed in accordance with the firm's privacy notices and Global Privacy Standards available at

www.lw.com.

Item 6.1
Public Comment Received at the Meeting
1006

355 South Grand Avenue, Suite 100
Los Angeles, California 90071-1560
Tel: +1.213.485.1234 Fax: +1.213.891.8763
www.lw.com

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Milan

January 10, 2022

VIA EMAIL ([email protected])

Mayor Woerner and Members of the City Council
City of Livermore
City Hall
1052 S. Livermore Ave.

Livermore, CA 94550

Re: January 10, 2022 City Council Hearing, Agenda Item No. 6.1 Dear Mayor Woerner and Honorable Councilmembers:

On behalf of Save Livermore Downtown (“ SLD”), we appreciate the opportunity to submit these comments on the proposed Amended and Restated Disposition, Development and Loan Agreement with 2205 Railroad Avenue LLC (“DDLA”) for the development of a hotel on the southeast corner of Railroad Avenue and South Livermore Avenue (the “Project”). SLD supports the development of a hotel in downtown Livermore, and recognizes that the City and its voters realize the benefits the hotel will bring to downtown Livermore. However, for the reasons discussed below, SLD respectfully requests that the City Council reject the proposed DDLA.

SLD believes that there is a higher and better use for property located at 2080 Railroad Avenue than just a surface parking lot. This parcel would instead be better suited for an affordable housing project. SLD has previously raised this issue to the City, noting that this parcel and its adjoining properties would be an ideal location for a larger affordable housing project than Eden Housing had proposed on the Lucky Site. Using the parcel as a surface parking lot is simply bad planning.

Using the 2080 Railroad Avenue parcel for off-si te parking is also contrary to applicable planning and zoning rules. The Downtown Specific Plan states that for commercial, retail, office, and non-residential uses in the Downtown Core plan area—where the hotel would be situated—“[r]equired parking shall be provided on-site, by payment of an in-lieu fee, off-site within the Downtown Core, or any combination thereof.” (Downtown Specific Plan, Ch. 8, p. 7 [emphasis added].) Thus, although the Downtown Specific Plan allows for the use of off-site parking, that parking is limited to off-site areas “within the Downtown Core.” While the hotel is within the Downtown Core, 2080 Railroad Avenue is not. “The Downtown Core is centered on the City’s historic crossroads, at the intersection of First Street and Livermore Avenue. Its northern boundary is Railroad Avenue from M Street to Livermore Avenue.” (Downtown Specific Plan, Ch. 4, p. 3 [emphasis added].) To that end, 2080 Railroad Avenue is actually within the “Downtown Neighborhood - North Side” area of the Downtown Specific Plan, which Item 6.1
Public Comment Received at the Meeting
1007
January 10, 2022

is not in the Downtown Core. Because the 2080 Railroad Avenue site is outside of the Downtown Core, the hotel project as envisioned in the proposed DDLA is inconsistent with the Specific Plan, in that it would allow off-site parking for the hotel in an unlawful location.

Moreover, as part of the approval of th e DDLA, staff recommends that City Council authorize a supplemental appropriation of $1,923,750 from the General Fund for a site acquisition loan for 2080 Railroad Avenue. However, as discussed above, the use of 2080 Railroad Avenue for surface parking is contrary to local planning and zoning rules—specifically the Downtown Specific Plan. Thus, such an exorbitant loan clearly constitutes an “illegal expenditure of, waste of, or injury to, the estate, funds, or other property of [the city]. (Code of Civil Procedure, § 526a.) In other words, this “loan” would be a waste of taxpayer funds.

Finally, the Staff Report contains a conclusory assertion that the sale of the hotel parcels to 2205 Railroad Avenue LLC is exempt from the Surplus Land Act. However, while the hotel property may be exempt under the current version of the Surplus Land Act set forth in 2019’s Assembly Bill 1486 and the accompanying Surplus Land Act Guidelines implementing it, Government Code sections 54234(a)(1) and (b)(1) are clear that the Surplus Land Act as it existed on December 31, 2019 still applies. (Gov. Code § 54234(a)(1) [“If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply. . . .”]; id. at 54234(b)(1) [explaining that the 2019 version of the Surplus Land Act applies to “land held in the Community Redevelopment Property Trust Fund. . .or that has been designated in a long-range property management plan when “[a] exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31, 2020” and “[t]he disposition is completed not later than December 31, 2022.”].) Here, the City’s staff report does nothing to demonstrate that the City complied with the prior version of the Surplus Land Act in proposing to dispose of the property to 2205 Railroad Avenue, LLC. Generally, the prior version of the Surplus Land Act required a city, prior to disposing of surplus land, to offer that land for sale or lease for affordable housing, park and recreational purposes, and school district facilities or open space. (See former Gov. Code, § 54222.) The City needs to explain on the record how it complied with the prior version of the Surplus Land Act with respect to the hotel parcels, and/or whether it contends that this disposition is also exempt from the former version of the law.

We appreciate your attention to the issues addr essed in this letter, and we look forward to discussing them further with you. If you have any questions, please do not hesitate to call me at (213) 891-8983 or email me at [email protected].

Very Truly Yours,

Winston Stromberg
of LATHAM & WATKINS LLP
Item 6.1
Public Comment Received at the Meeting
1008