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Proposed Expenditure Plan Amendment (Amendment No, 1) <br />to Replace the Route 238 Bypass Project <br />with the Hayward Route 238/Mission-Foothill-Jackson Corridor Improvement Project <br />INTRODUCTION AND BACKGROUND <br />In 1986, Alameda County voters authorized ahalf--cent transportation sales tax to finance <br />improvements to the County's overburdened transportation infrastructure. This tax expired in <br />2002. A detailed Expenditure Plan guides the use of those funds. The 1986 Expenditure Plan <br />authorized the expenditure of local transportation funds to extend BART to Dublin/Pleasanton, <br />open 22 miles of carpool lanes on I-880, and maintain and expand bus service throughout the <br />county. In addition, the 1986 Plan funds special transportation services for seniors and people <br />with disabilities. The Plan also provided congestion relief throughout Alameda County by <br />adding lanes to I-880 overpasses, improving the I-580/I-680 interchange in Dublin and <br />Pleasanton which included widening sections of I-580, reconstructing the Route 13/Highway 24 <br />interchange, extending Route 84 in Livermore to remove highway traffic from the downtown <br />area, improving access to the Oakland International Airport, and upgrading surface streets and <br />arterial roadways. Most of the 10 major projects authorized by the 1986 Expenditure Plan have <br />been completed or are under construction, and those that are still in the design and environmental <br />review stage are scheduled to begin construction in the next few years. <br />Specifically, the 1986 Expenditure Plan included Measure B funds for the construction of a 5.3- <br />mile segment of Route 238 on a new expressway alignment to bypass downtown Hayward, <br />between Industrial Parkway and I-580 in Hayward. This project was commonly referred to as <br />the Route 238 Hayward Bypass Project. In the Expenditure Plan, Caltrans was named as the <br />project sponsor. The Bypass Project has been embroiled in controversies since Caltrans <br />commenced the project design in the mid-1960's. By the early 1970's, Caltrans had acquired <br />two-thirds of the needed right of way for the project, which triggered a lawsuit by the Sierra Club <br />and the Legal Aid Society of Alameda County representing La Raza Unida of Southern Alameda <br />County. The suit resulted in an injunction, which is still in effect. However, the Court <br />established a mechanism for the removal of the injunction through a Consent Decree that was <br />approved in 1990. <br />Through the three decades between the 1970's and 1990's, the development of the Bypass <br />Project was also impeded by a series of changes in the environmental statutes and regulations, as <br />well as regional and local transportation plan updates. In 1997, a second lawsuit was filed <br />against the project by the Hayward Area Planning Association (NAPA) and the Citizens for <br />Alternative Transportation Solutions (CATS). This suit resulted, in 2002, in the final ruling that <br />Measure B funds could not be used in the delivery of the Hayward Bypass Project, effectively <br />depleting the only major funding source for the project. <br />Between 2002 and to date, ACTA and the City of Hayward have been working on the <br />development of an alternative project to the Hayward Bypass Project that could meet the purpose <br />of the original project, and one that could be eligible for Measure B funding. In April of 2005, <br />Rev: July ] 3. 2005 <br />