SR 238 Hayward Bypass Program

Thanks to all of you who attended the September 28, 2009 tenant meeting. We had a great response!

Project Location:

Presentation to the California Transportation Commission (December 9, 2009):

Caltrans staff presented to the California Transportation Commission (CTC) an overview of the Route 238 Hayward Bypass, its history, settlement agreement and the process and schedule towards obtaining court approvals and actions. Alameda County Congestion Management Agency (ACCMA) staff also presented the Central Alameda County Local Alternative Transportation Improvement Program (LATIP). The LATIP is a prioritized list of projects on the same highway system ((i.e., I-238, I-580, and I-880) that would have benefited from the Hayward Bypass. Funding for the LATIP is proposed from sale of lands originally purchased for the now abandoned Hayward Bypass.

A copy of the LATIP submittal dated November 2, 2009, as information materials is HERE.

CTC also approved the "Notice Of Intent (NOI) to Consider Rescinding Freeway Adoption (Hayward Bypass)". Caltrans is proposing to rescind the adopted freeway covering the previously approved freeway alignment on State Route 238 known as the Hayward Bypass. The limits are from Industrial Parkway to Interstate Route 580 in the City of Hayward, in Alameda County. The rescission of the freeway adoption will allow Caltrans to sell parcels of land originally purchased for construction of the Hayward Bypass to local government agencies or other interested parties. Caltrans District 4 (Bay Area) is now in the process of notifying local and regional agencies of its proposed action through letters and newspaper advertisement announcing the availability of the Caltrans report and request for comments. Copy of the report can be obtained at the following link: http://www.dot.ca.gov/dist4/238hayward/docs/noi_signed_pkg091125.pdf

Motion for Preliminary Approval of Class Settlement:

The court’s December 29, 2009 ruling is one of the required procedural steps in the class action necessary to effectuate the settlement reached by the tenant representatives, the City of Hayward and the Department of Transportation for the disposition of right-of-way acquired for the SR 238 freeway project in the early 1970’s and resolution of long-standing legal issues and actions relating to those properties. The settlement agreement, which was presented to the Department’s residential tenants in the freeway corridor on September 28, 2009 consists of three programmatic elements: (1) monetary and other assistance to all eligible Corridor tenants, (2) 237 new, low-income housing units, and (3) a home purchase program for eligible Corridor tenants currently renting eligible detached single family residences.

The settlement agreement contemplates court approval of the settlement terms through the mechanism of a Superior Court class action. The court’s order provisionally certifies the class and preliminarily approves the settlement agreement. Notice to class members and other steps toward obtaining final court approval of the settlement agreement will follow.
Project Description: Construct a 5.3 mile long 4-lane expressway on new alignment east of existing SR 238 from the SR 238/I-580 Separation to Industrial Parkway in the City of Hayward and unincorporated areas of Alameda County

Current Status: The Department purchased these properties many years ago for the proposed Hayward Bypass project. After years of study and planning, involving various alternative designs, the community decided that the Bypass project will not be constructed. As a result, the Department no longer needs the land acquired for the project. In cooperation with elected officials, our local agency partners and members of the community, we are in the first stage of determining what will happen to these properties.