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2000 Omnibus Agreement

Agreement between Alameda Unified School District and the City of Alameda

March 2000


In April 1994, the City and County of Alameda signed a Joint Powers Agreement (JPA), and established the Alameda Reuse and Redevelopment Authority (ARRA). The ARRA was recognized by Department of Defense as the responsible entity for submitting and completing the Community Reuse Plan for Naval Air Station (NAS) Alameda.

In addition to issues related to the development of Alameda Point, Alameda Unified School District (AUSD) and the City of Alameda had been discussing areas of mutual interests concerning senior centers and maintenance yards.

In March 2000, the AUSD and the city of Alameda reached agreement on numerous issues.

The Agreement

General Intent

Reach agreement on the following outstanding issues:

  • Developer fees claims when building new residences
  • Ownership of Mastick Center
  • School District's claims to portions of the closed Naval Air Station

Areas Addressed in the Agreement

  1. Developer Fees
    • Acknowledgment of applicable statutory mitigation fees for the purpose of mitigating the resulting from increased residential developments
    • City agrees to donate $2.27 per square foot, in addition to developer fees for residences constructed at the Fleet Industrial Complex Property (FISC, now known as Bayport site)
    • School District's agrees to use the donated funds to improve educational programs and to enhance school facilities beyond applicable minimum State standards
    • School District will promptly apply for new school construction grant funds and should the donated funds in combination grant funds exceed the amount of funds reasonably necessary to construct an elementary school, the District agrees to refund the City that portion that is in excess of the amount needed
  2. Properties Exchanged between the Two Parties
    • School District deeds Mastick Center to the City
    • City deeds eight acres at the FISC property and 12 acres at NAS to the School District when the City receives title from the federal government
    • City deeds "the Tidelands Parcels" (near Sherman and Buena Vista, behind Del Monte plant) to the School District
    • School District declares an intention to use the FISC property for an elementary or middle school
    • School District is permitted to use the NAS property for any type of school, a central kitchen, corporation yard and other administrative uses
    • School District and City agree all School District claims under the public benefit conveyance process are settled for NAS

2009 Update: Little Progress on Development of Del Monte Property though a request to rezone adjacent properties has been submitted.

Amendment to Agreement

In 2001, the agreement was amended to move the location of School District property and a City park to a central location within the Bayport site.

Applicable Sections of Agreement Related to the City Donation

2.12 City and District understand and acknowledge that the funding that City is agreeing to pursuant to paragraph 3 of this agreement and its subparts constitutes a gift or donation to District. ....

3.1 Donation of school fees. City hereby agrees that, in addition to the payment of any Statutory Mitigation Fees than applicable, City shall make a gift or donation to District prior to or concurrently with the issuance of a building permit on each unit of new residential development in the amount of $2.27 per square foot of residential construction (hereinafter "Donated Funds") on the FISC property. For the purpose of this Agreement, new residential property shall not include the rehabilitation or reoccupation of existing vacant residential structures.

3.2 No effect on Statutory fees. No term of this Agreement shall affect City's or any third party legal obligations to comply with statutory requirements for payment of the Statutory Mitigation Fee application at the time that a building permit is issued for the construction of any residential unit to be constructed on the FISC property.

3.3 Use of Donated Funds. District agrees utilize Donated Funds under paragraph 3.1 to improve educational programs and to enhance school facilities that will serve development on the Property beyond applicable minimum State standards. Types of uses of Donated Funds authorized under this Agreement include, but are not limited to: purchase of equipment and furniture, development and stocking of libraries, provision of interim housing to address capacity shortfalls while school construction, modernization and improvement of existing or future facilities, and upgrades to existing facilities or new school construction that exceed the standards authorized by the State.

3.4 Refund of Donated Funds. District represents that it has or will promptly apply for new school construction grant funds pursuant to the amendments to the Government Code and Education Code enacted under Senate Bill 50 (1998) ("SB 50 Grants"). Should the Donated Funds, in combination with SB 50 Grants awarded to District by the State, exceed the amount of funds reasonably necessary to construct an Elementary School with a capacity of 600 students, District agrees to refund to City that portion of the Donated Funds which is in excess of the amount which, in combination with the SB 50 grants actually awarded to District, is necessary to construct said school facility.

5.3 Conveyance of PBC Parcels. Within a reasonable period of time (not to exceed 90 days) after receiving title from the U.S. government, the city shall convey approximately eight (8) acres of land at the FISC property and approximately twelve (12) acres of land at ANAS....


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Last modified: December 21, 2004

Disclaimer: This website is the sole responsibility of Mike McMahon. It does not represent any official opinions, statement of facts or positions of the Alameda Unified School District. Its sole purpose is to disseminate information to interested individuals in the Alameda community.