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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2009-131 (3121) RESOLUTION APPROVING THE STATE ROUTE (SR) 238 HAYWARD BYPASS - LOCAL ALTERNATIVE TRANSPORTATION IMPROVEMENT PROGRAM (LATIP) PROJECT LIST Recitals WHEREAS, Senate Bill 509, signed into law in September 2004, and Assembly Bill 1462, signed into law in October 2005, collectively amended Government Code Section 14528.5, which provides for the use of revenues from the sale of excess property, originally purchased for the State Route 238 Hayward Bypass ("Bypass") project, which project is no longer feasible, in order to fund a local alternative transportation improvement program, subject to approval by the California Transportation Commission ("CTC"); and WHEREAS, Assembly Bill 1386, currently under consideration in the California Legislature, would amend Government Code Sections 14528.5 and 14528.6 to address administrative changes, including but not limited to, adding a definition of "excess properties" and allowing greater latitude to the approved LATIP in the application of proceeds from the sale of excess properties, and defining an administrative process by which LATIP projects may move forward prior to the actual sale of excess properties; and WHEREAS, in December 2005 the Alameda County Transportation Authority ("ACTA") adopted Amendment No. 1 to the Alameda County Transportation Expenditure Plan dated August 1986 ("Expenditure Plan") to delete the Bypass project from the Expenditure Plan and to fund four alternative projects; and WHEREAS, a prioritized list of state highway projects that will provide congestion relief in the same corridors that would have benefited from the Route 238 Hayward Bypass project has been created in conjunction with said Amendment No. 1; and WHEREAS, this prioritized project list is intended to form the State Route 238 Hayward Bypass Local Alternative Transportation Improvement Program ("LATIP"); and WHEREAS, the final prioritized LATIP Project List must be approved by the CTC by the time the excess right-of--way is sold or the funds from the sale of the right-of--way will revert to the State Highway Account and will not be exclusively available for projects in central Alameda County; and WHEREAS, in order for the LATIP Project List to be approved by the CTC, local area support for the LATIP Project List must be demonstrated by the Cities of San Leandro and Hayward, Alameda County, the Alameda County Congestion Management Agency ("ACCMA"), and ACTA; and