Resolution 13190CITY OF ALAMEDA RESOLUTION NO. 1319 0
DENYING THE APPEAL OF LEILA MONCHARSH, ATTORNEY FOR JACOB
ROSENBERG AND UPHOLDING THE PLANNING BOARD'S APPROVAL OF
PLANNED DEVELOPMENT PD- 98 -01, AND USE PERMIT UP- 99 -22, FOR THE ST.
JOSEPH SITE AT 1109 CHESTNUT STREET
WHEREAS, an application was made on February 25, 1998, by Jerry Holland, Pastor of St.
Joseph, requesting a Planned Development approval (PD- 98 -01), and Use Permit, UP -99 -22 to
make the existing church and school facilities conforming with the R -4 Zoning District, and to
permit the construction of 19, 191 square feet of building space, demolishing 6,559 square feet of
building space, remodeling existing school and church buildings, providing off - street parking, and
temporarily closing Chestnut Street between San Jose Avenue and San Antonio Avenue during
school hours at 1109 Chestnut Street (St. Joseph Basilica, St. Joseph Elementary School and St.
Joseph Notre Dame High School); and
CSO WHEREAS, the application was accepted as complete on April 28, 1999; and
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WHEREAS, the subject property is designated Medium Density Residential on the General
49. cc Plan Diagram; and
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a WHEREAS, the Board held a public hearing on this application on November 29, 1999, and
CD - rNovember 30, 1999, and examined pertinent maps, drawings, and documents; and
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WHEREAS, the Board approved the Planned Development and Use Permit with conditions;
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WHEREAS, Leila Moncharsh, attorney for Jacob Rosenberg filed an appeal of the Planning
Board's decision on December 10, 1999; and
WHEREAS, the City Council held a public hearing on the appeal on March 11, 2000, and
examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council considered the bases of the appeal set out in a letter from Leila
Moncharsch, attorney for Jacob Rosenberg, and the responses prepared by Planning Staff contained
in Attachment #1 to the Staff Report to the City Council on the appeal, which responses are
incorporated herein by reference, together with the other information regarding the project; and
WHEREAS, the City Council found that the appeal does not have any merits and is hereby
denied; and
WHEREAS, the Council has made the following findings to uphold the Planning Board's
approval of the Planned Development :
1. The proposed Planned Development is consistent with the General Plan. The General
Plan does not designate locations for places of religious assembly or private schools.
However, the use is consistent with the General Plan designation of Medium Density
Residential because residential areas typically contain churches, schools, parks, and day care
facilities. Policy 2.4.1 of the General Plan states, "Preserve historic districts and buildings
of architectural significance." The St. Joseph Basilica is a designated Historical Monument,
and the proposed Planned Development would improve the appearance of the Basilica with
new fencing and landscaping. Therefore, the proposed Planned Development is consistent
with the General Plan.
2. The location of the proposed use is compatible with other land uses in the general
neighborhood area. A church and school are compatible With the surrounding residential
uses, and the site has been used for these purposes since 1881. The existing school would be
permitted to continue, even if these approvals are not granted. The conditions of approval
contained herein would ensure that the site would be planned comprehensively which would
result in more effective use of the site overall, the selection of the most appropriate locations
for new development and mitigation of the impacts of parking and traffic.
3. The proposal, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other property in the vicinity. Conditions of
approval would address parking and traffic impacts and would provide for a maximum
student population. Approval of the Planned DevAopment would require the site to be
planned as a whole and would establish more control by the City over the site than now
exists, and would enable monitoring to assure compliance with all conditions of approval.
The project would result in improvement to the appearance of the site by replacing the
existing chain -link fence with a wrought iron fence and adding landscaping. The project
would provide the improvements in the operations of the schools; and
WHEREAS, the City Council has made the following findings relating to the Use Permit
application to legalize a church and school use in a residential district:
1. That the location of the proposed use is compatible with other land uses in the general
neighborhood area because a church and school are compatible with the surrounding
residential uses, and the site has been used for these purposes since 1881. The use is
consistent with the General Plan designation of Medium Density Residential because
residential areas typically contain churches and schools.
2. That the proposed use will be served by adequate transportation and other facilities
because the proposal would increase off - street parking, and there is bus service near the site.
The increase of a maximum of 10 percent over existing enrollment would not create an
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excessive demand for other services. Special events held evenings and weekends have the
greatest parking impact. The conditions of approval place a limit on the number of special
events where more than 500 persons attend require implementation of Transportation
Systems Management measures for these special events.
3. That the proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other property in the vicinity because conditions of
approval would mitigate parking and traffic impacts; the project would provide for
improvements in the operations of the school; approval of the Planned Development would
establish more control by the City over the site than now exists, and would enable
monitoring to assure compliance with all conditions of approval; and the project would result
in improvements in the appearance of the site by replacing the existing chain -link fence and
adding landscaping.
WHEREAS, the Council upholds the Planning Board's approval of the Planned Development
and Use Permit to make conforming a church and school use in a residential district and to permit
its expansion subject to the following conditions:
1. Contingent on Approvals. This approval is of no force and effect unless and until the City
Council adopts the proposed Mitigated Negative Declaration (IS- 99 -22), approves the
Rezoning (R- 98 -01) to reclassify the property from R -4 (Neighborhood Residential District)
to R -4 -PD (Neighborhood Residential, Special Planned Development Combining District),
and the Rezoning is in effect.
2. Approved Plans. All construction, development and use of the project site shall be in
compliance with the following exhibits which are on file with the City of Alameda Planning
Department, except as modified by the conditions of this resolution:
a. plans titled "St. Joseph Community Master Plan, Planned Development Application"
dated August 28, 1998, revised through September 25, 1998, consisting of 4 sheets,
marked Exhibit "A"
B. the text description titled "St. Joseph Community Master Plan, Planned Development
Application Package," dated August 28, 1998 and amended September 25, 1998, and
March 9, 1999 marked Exhibit `B,"
The proposal to permanently close the 1000 block of Chestnut Street has been modified by
the applicant to closure during school hours only. The elevations shown on sheets PD -10
and PD -11 are considered illustrative only and are expressly not approved.
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3. Maximum Enrollment and Staff. The uses approved in use Permit UP 99 -22 include the
existing church, a private school for grades kindergarten through grade 12 with the following
maximum enrollment: a maximum of 325 students in elementary (kindergarten through
grade 8) and 600 students in high school (grades 9 through 12). The maximum number of
school staff on site shall not exceed 98.
4. Prior Use Permit Rescinded. This Use Permit approval rescinds Use Permit #316, approved
in 1964 for the construction of the St. Joseph gymnasium.
5. Vesting and Phasing.
a. This Planned Development approval shall terminate one year from November 30,
1999, unless development in reliance upon valid permits has begun, or the applicant
applies for and is granted an extension prior to said expiration. No more than a one -
year extension may be granted. Any part of the project not completed within ten (10)
years from November 30, 1999, shall require a new Planned Development approval
prior to proceeding with the remaining construction.
b. This Use Permit approval shall terminate one year from November 30, 1999 unless
the Use Permit is vested or the applicant applies for and is granted an extension prior
to said expiration. No more than a one -year extension may be granted. Vesting shall
consist of signing and returning the acknowledgment of the conditions of approval
and the establishment of three off - street parking spaces required for the change of
San Jose Hall from a convent to a classroom and offices.
c. Prior to the approval of any construction pursuant to this approval, the applicant shall
submit a phasing plan which shall show the following:
I. total number of phases;
ii. what construction is included in each phase;
iii. The likely sequence of phases;
iv. the construction time required for each phase. Total construction time for all
phases should not exceed 48 months.
The property owners within at least 300 feet of the site shall receive notice that the
phasing plan has been submitted so that they may review and comment on the plan.
The Planning Director may take action on the phasing plan ten (10) days after notices
have been mailed to the adjacent property owners. The phasing plan may be
amended from time to time by the same process used for original approval.
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6. Construction Noise. Construction noise impacts shall be minimized by restricting
construction activities to the daytime hours specified by the Alameda Municipal Code. The
current provisions limit construction to Monday through Friday, between 8 a.m. and 5 p.m.,
and on Saturday between 9 a.m. and 5 p.m., with no Sunday construction.
7. Parking. A total of 86 off - street parking spaces shall be provided on -site. This includes the
19 spaces already on the site, 64 spaces for the new construction, and 3 spaces for the
conversion of San Jose Hall. The site plan will have to be revised to locate and additional
three spaces. A total of 137 off - street parking spaces shall be provided for the school's
special events, including parking provided on the school's asphalted play areas. The parking
lot behind the Parish Center shall be installed no later than 24 months of the final approval
of this application, regardless of whether other construction has occurred.
8. Fire Code. All improvements shall conform to the requirements of the Uniform Fire Code,
and all other requirements of the Fire Department, including emergency access and
installation of a new fire alarm system for the whole campus, to meet State codes for fire
alarms in schools.
9. Tandem Parking. The 32 tandem parking spaces shall be marked as available for staff only,
and the applicant shall monitor the parking spaces to ensure that staff uses them. Appropriate
signage shall be approved by the Planing Director and permanently installed. The applicant
shall provide to the Planing Director for review and approval proposed procedures to ensure
that staff use the spaces and to ensure that staff can move their cars if they need to leave on
an unscheduled basis.
10. Special Events Calendaring. Special events are all events held at the site which are not
regularly scheduled church services, including holiday services, funerals, or routine
instructional activities. However, persons attending regularly scheduled church services,
including holiday services, funerals, and routine instructional activities, shall be included in
counts of persons on site when special events are held concurrent with church services and
instructional activities. The applicant shall establish a scheduling system to coordinate and
comprehensively list all special events occurring at the Basilica, the parish offices and
meeting spaces, the elementary school and the high schools. The listing shall include
estimated numbers of attendees, when the event is scheduled to start, and estimation of how
long the event will last. The scheduling system shall track the total number of attendees on
the St. Joseph's site and ensure that no special events are scheduled which would result in
the total number of attendees on the site exceeding the limits set out in Condition #11.
Beginning in August following the final approval of this application and from then on a
semi- annual basis, the applicant shall provide the Planning Director a copy of the special
events scheduling and make copies available to members of the public at the school's
administrative office. The schedule shall be provided a minimum of 30 days prior to the
beginning of the time period summarized in the schedule.
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11. Mitigation for Special Event Parking. In order to ensure that the parking impacts related
to St. Joseph's are no greater than they are for the current operation, the following
requirements shall apply. The total attendance on the St. Joseph's site during special events
may not exceed 500 persons, except up to 28 events per year as follows:
a. Up to twelve times a year, St. Joseph's may schedule one or more special events
which result in a total site population of more than 500 persons but less than 625
persons.
b. In addition to events allowed in Condition #1a, up to eleven times a year, St.
Joseph's may schedule one or more special events which result in a total site
population of more than 500 persons but less than 826 persons.
c. St. Joseph's may schedule up to 4 basketball play -off games per year or games to
determine final standing during the school year which result in a total site population
of no more than 825 persons.
d. Once a year, St. Joseph's may hold a one day event currently known as El Rancho
Day provided that the Marianist Parking Lot, the new parking lot behind the Parish
Center once it is built and the accessible, paved area adjacent to the High School be
made available for parking. Total on site population for this event shall not exceed
700 persons at any one time, in addition to persons attending regular church services.
To reduce the parking impacts associated with special events, Transportation System
Management (TSM) programs shall be implemented for all special events where the on site
population exceeds 500 persons. TSM programs include measures such as valet parking for
various on -site parking lots, satellite parking, carpooling incentives, alternative transit, and/or
shuttle buses. All TSM programs shall be reviewed and approved by the Public Works
Director prior to implementation and shall be submitted at least 60 days prior to the special
event. The approved TSM program shall be made available to the public for review in the
school's administrative office.
12. Monitoring. The applicant shall submit a semi - annual report to the Planning Director listing
all special events where the population on the site exceeds 500 persons (or 430 persons until
the new parking lot behind the Parish Center is constructed) conducted during the prior six
months, actual attendance and, previously estimated attendance, and the TSM measures used.
The following schedule for reporting is suggested: in February for the previous July through
December period, and in August for the previous January through June period. This report
shall be made available to the public in the school's administration office.
13. Street Closure. The closure of Chestnut Street between San Antonio Avenue and San Jose
Avenue during school hours is approved subject to the following requirements:
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a. Prior to any street closure, the applicant shall secure City Council approval of the
street closure pursuant to Section 21102 of the California Vehicle Code.
b. Prior to the issuance of any building permit establishing new student instructional
space on the east site of Chestnut Street, the applicant shall have complied with all
conditions necessary to begin the school hours street closure.
c. There shall be no dwelling units within the portion of the street to be closed which
need to use the street for vehicular access.
d. In order to accommodate the morning and afternoon loading and unloading of
students, street closure barriers shall not be placed until after the first school period
has commenced and shall be removed prior to the end of the last school period.
e. Prior to beginning the school hours street closure, the applicant shall submit and
obtain approval of a Traffic Control Plan, including but not limited to a Signing,
Striping and Detour Plan, acceptable to the Public Works Director, in consultation
with the Police and Fire Departments. The applicant shall also be responsible for the
design, construction, and maintenance of the school hours closure and shall
reimburse the City for all City staff costs, including the cost of engineering review
and construction inspection costs associated with the school hours street closure.
f. Prior to beginning the school hours street closure, the applicant shall enter into a
Hold Harmless Agreement with the City in a form acceptable to the City Attorney.
The Agreement shall include, but not necessarily be limited to the following
provisions: times of school hours closure, procedures for school hours closure, type
of physical barrier(s) use for school hours closure, responsibilities and procedures for
erecting and removing the barrier(s) for the school hours closure, responsibilities of
the applicant and responsibilities of the City and a hold harmless wherein the
applicant indemnifies the City.
The specific design of the street closure barriers shall be subject to Design Review.
The barrier shall be attractive, and shall be a manual, not an electronic closure. The
street closure barriers may be of a temporary nature for the first year of operation
which is subject to review by the Planning Board. If the closure is permitted to
continue, then permanent barriers for the school hours closure shall be designed and
installed.
h. The school hours closure shall be subject to a trial for one school year after which the
Planning Board shall hold a noticed public hearing to review the experience of the
school hours closure and determine whether the closure may continue, whether there
should be revised or additional conditions for the closure, or whether some other
method of improving pedestrian safety, such as crossing guards or a pedestrian
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activated light, should be used. The applicant shall submit for Board review a report
showing the effect of the school hours street closure on student safety and any
measurable detriment to the neighborhood. The report shall be submitted within 14
days after the end of the school year and shall be to the satisfaction of the Planning
Board. The applicant shall be responsible for all City costs for the review.
14. Driveway Safety. In response to concern that the most northerly driveway approach on the
west side of Chestnut Street (to the Marianist Parking Lot) may result in operational
problems or safety impacts, such as excessive queuing into Encinal Avenue or significant
restrictions in traffic flow along Chestnut Street, the following requirement shall apply. If
the Public Works Director (PWD) determines that there may be potential operational
problems or safety impacts related to this driveway, the PWD may require the applicant to
address the potential impacts to the satisfaction of the PWD. If the applicant disputes the
PWD's determination or requirements, then the Public Works Department may monitor the
driveway at the applicant's expense to document the operation of the driveway, and/or the
matter shall be agendized for Planning Board review. If the Planning Board, following a
noticed public hearing, determines that there are potential problems, then the Board may
impose new conditions under this Use Permit to address the potential problems.
15. Bicycle Parking. The applicant shall maintain 40 bicycle parking spaces on the site located
adjacent to Notre Dame Hall. The existing bike parking shall be maintained until an
alternative location is shown on plans submitted for Design Review and the new location has
been approved by the Planning Director.
16. Loading and Unloading Students. The applicant shall provide persons to direct and manage
traffic during the hours when students are being loaded and unloaded, with the goal of
assuring that vehicles move along expeditiously, that double parking and backup into
intersections related to school loading and unloading is minimized. At its own expense, the
applicant shall arrange for a professional traffic engineer to observe and provide a written
report about the effectiveness of loading and unloading operations. The qualifications of the
engineer and the scope of the report shall be satisfactory to the Public Works Director. The
report shall be submitted on the same schedule as the monitoring required under Condition
#12 and may be done by the same engineer. Based on a review of the report, the Public
Works Director may recommend changes, if appropriate, to be considered by the Planning
Board in conjunction with the monitoring review on special events scheduling and parking
provided for in Condition #18.
17. Monitoring Costs. The applicant shall pay the costs of the monitoring and periodic review
required by the conditions of this Use Permit. Reimbursement for staff time shall be at the
rates as approved by the City Council in the Master Fee Resolution, together with the costs
of any .consultants plus 25 percent overhead on the cost of the consultants.
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18. Board Review. The Planning Board shall conduct a review of condition compliance, with
particular attention to Condition #10 (Special Events Calendaring) and Condition #11
(Mitigation for Special Events Parking), following receipt of the second semi - annual report
(Condition #12). The Board shall review the submitted information and take public
testimony, and then determine whether the applicant is in compliance with all conditions of
approval, and if additional requirements are necessary to address special events parking.
If the Board determines that additional measures are necessary to address the special event
parking, then these shall be the subject of a noticed public hearing to be held subsequent to
the monitoring hearing and what the next monitoring period, if any, shall be.
19. Facilities Rental. As agreed to by the applicant, the use of the site shall be limited to
activities directly related to the school and church and shall not be provided for
compensation for outside use. Any outside use of the site is limited to non -profit or civic
groups, including the City's Recreation and Park Department, where no compensation other
than reimbursement for direct expenses (e.g. janitorial, security, utilities, etc.) is received by
the church or school and where the use results in a total site population of less than 500
persons. The non -profit and civic uses shall be defined as special events and is subject to the
calendaring requirements and parking mitigations set out in Conditions #10 and #11.
20. Historic Resources. The applicant shall comply with all conditions of the Certificate of
Approval (HAB Resolution #CA- 98 -09, approved December 3, 1998, by the HAB and
upheld on appeal by the City Council on February 3, 1999), issued by the Historical
Advisory Board for the demolition of the addition to the Parish Center building, which is on
the Historic Building Study List.
21. Housing Impacts. Prior to the issuance of any building permit, the applicant shall submit a
plan showing how the requirements of the Affordable Housing/Fee Ordinance will be met
for review and approval by the City's Housing Development Manager.
22. Electricity. Alameda Power and Telecom (AP &T) shall continue to have access to its
facilities along Chestnut Street between San Antonio Avenue and San Jose Avenue. The
applicant shall coordinate with the AP &T regarding power requirements or changes in its
existing electrical loads.
23. Outdoor Lighting. Prior to the construction of any parking area, the lighting of any parking
area, or changing the lighting of any parking area, the applicant shall submit a lighting plan,
as part of a Design Review application. The level of illumination shall be limited to a
maximum of 2 footcandles at the ground, and the fixtures shall be hooded and oriented so
that the lighting element is not generally visible off site. Fixtures may be mounted on
buildings or on poles, but no fixture shall be mounted more than 20 feet above grade.
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24. Encroachments Over Parcel Lines. To resolve the encroachment of existing and proposed
buildings over parcel lines, prior to the issuance of any building permit, the applicant shall
submit to the Planning Director for approval a lot line adjustment or other appropriate
application to erase all underlying property lines within each of the three areas of the
campus, west of Lafayette, between Lafayette and Chestnut, and east of Chestnut.
25. Solid Waste Control. The applicant shall incorporate solid waste control and recycling
procedures as required by the City of Alameda Public Works Department.
26. Stormwater/Wastewater. The applicant shall meet conditions of approval of the Alameda
County-Wide Clean Water Program, as implemented by the City of Alameda. The applicant
shall comply with urban runoff standards required by the City of Alameda Public Works
Department, Urban Runoff Manager, to be specified at the time of Design Review.
27. Planned Development Approval of the Proposed Building and Additions. The site plan,
including the location and general massing of the proposed building is approved, but the
specific exterior design of the buildings is not approved, including the tower on the Main
Campus Building, and shall be subject to review through the Design Review process. The
exceptions to the development requirements of the R -4 Zoning District incorporated into this
approval include:
a. Placement of the buildings, with the proposed additions to existing buildings with the
setbacks as shown on Exhibit "A" Portions of these buildings do not comply with the
setback and building coverage requirements of the R -4 Zoning District.
b. Tandem parking is approved for 32 spaces for the church and school although
tandem parking is otherwise limited to residential uses only.
c. Parking may be located within the front 50% of the lot.
28. Tree Planting. Three trees shall be planted in front of the Marianist Hall parking lot, facing
Lafayette Street. The species and size shall be determined in the Design Review process.
29. Planned Development Amendments. Any change in plans that would require an increase of
more than 10 percent of floor space in any given building, or that would increase the total
square footage above that approved in this proposal, shall require a Planned Development
Amendment. Minor increases in the square footage of any building (up to 10 percent) may
be considered as part of Design Review.
30. Design Review. Prior to issuance of a building permit the applicant shall submit a Design
Review application for approval by the Planning Director. All new structures shall be
compatible in appearance with existing buildings. The existing historic stone wall shall be
retained, and the existing chain link fencing atop parts of this stone wall shall be replaced by
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wrought iron fencing to the satisfaction of the Planning Director. As part of the final Design
Review application, the applicant shall submit a construction plan, which shall include but
is not limited to: staging area for construction materials and construction debris, placement
of construction trailers, dumpsters, and portable toilets, expected truck routes, provisions for
parking for construction workers, noise abatement especially for construction equipment and
audio equipment on site, and an overall construction schedule relative to other events
occurring on the site.
31. Deed Restrictions. The site is being approved as a single site, although it consists of three
parcels located on three separate blocks. The parking is not located on the same parcels
where new development is being approved. Therefore, a deed restriction shall be recorded
against all of the subject property prohibiting the conveyance of any of the three parcels
without the other two unless parking easements have been recorded over the other parcel or
parking . requirements are otherwise satisfied. The parking easements shall be to the
satisfaction of the Planing Director and approved prior to their execution and recordation.
32. Hold Harmless. The City of Alameda requires that the applicant, or its successors in interest,
defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, and
employees to attach, set aside, void, or annul, an approval of the City concerning this
Planned Development and Use Permit approval, which action is brought within the time
period provided for in Government code Section 66499.37. The City of Alameda shall
promptly notify the applicant of any claim, action or proceeding, and the City shall cooperate
fully in the defense. If the City fails to promptly notify the applicant of any claim, action, or
proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not
hereafter be responsible to defend, indemnify, or hold harmless the City.
33. Revocation. This Use Permit may be modified or revoked by the Planning Board, pursuant.
to Alameda Municipal Code Section 30- 21.3.d should the Board determine that the proposed
use or conditions under which it is being operated or maintained is detrimental to the public
health, welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance, or pursuant to
conditions of this Use Permit.
34. Acknowledgment of Conditions. The applicant shall acknowledge in writing all of the
conditions of approval and must accept this approval subject to those conditions.
G: \CC \RESO\2000\3STJOPD. WPD
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I, the undersigned, hereby certify that the foregoing Resolution, with the exception of Conditions
7 [Parking] and 13 [Street Closure], was duly and regularly adopted and passed by the Council of the
City of Alameda in special meeting assembled on the 11th day of March, 2000, by the following vote
to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
* * *
I, the undersigned, hereby certify that Condition 7 [Parking] of the foregoing Resolution was
duly and regularly adopted and passed by the Council of the City of Alameda in special meeting
assembled on the 11th day of March, 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4.
NOES: Councilmember Kerr - 1.
ABSENT: None.
ABSTENTIONS: None.
* * *
I, the undersigned, hereby certify that Condition 13 [Street Closure] of the foregoing
Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in special
meeting assembled on the 11th day of March, 2000, by the following vote to wit:
AYES: Councilmembers DeWitt, Johnson, and Mayor Appezzato - 3.
NOES: Councilmembers Daysog and Kerr - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the City
this 13th day of March, 2000.
/' /' !
Diane B. Felsch, City Clerk
City of Alameda