Contact: Donna Fletcher
Alameda Unified School District Asks Court for Clarification on Request for Adequate Developer Fees
The Alameda Unified School District has brought a cross-complaint against the City of Alameda in order to clarify the use of funds provided for in a 2000 settlement agreement with the City.
The March 29, 2000 agreement provides that the City donate funds in the amount of $2.27 per square foot of residential construction on the Fleet Industrial Supply Center property, now Bayport Homes development, in order to “improve educational programs and to enhance school facilities that will serve development on the Property.” A controversy exists as to whether educational funds provided for in the agreement should be applied to offset the cost of new school construction made necessary by the Bayport development, or if this funding source can be used for school needs such as curriculum, textbooks and equipment.
The cross-complaint seeks a court declaration regarding the appropriate use of funds provided for in the School District/City agreement. The declaration from the court will impact current litigation that has been brought against the school district by the Bayport developers. The litigation challenges the school district’s ability to collect developer fees for the impact of the Bayport Homes on school facilities. The School District is vigorously defending against the lawsuit in order to protect the ability of the community to adequately fund facilities to accommodate new students generated by the development.
The developers suing the school district include Bayport, Alameda Associates; Catellus Residential Group; Warmington Homes, Alameda Associates; along with the Homebuilders’ Association of Northern California.
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