DATE: December 14, 2021
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Title
Adopt a Resolution: (1) Finding a Statutory Conflict between the Local Alternative Transportation Improvement Program Statutes (Government Code 14528.6 and 14528.65) and the Surplus Lands Act; and (2) Declaring City-Owned Properties Associated with the Former 238 Bypass Project, and Subject to the 2016 Purchase and Sale Agreement between the State of California Department of Transportation and the City of Hayward, as Exempt Surplus Lands
EndRECOMMENDATION
Recommendation
That Council adopts a resolution and Exhibit A to the resolution (Attachments II and III): (1) finding a statutory conflict between the Local Alternative Transportation Improvement Program Statutes (Government Code Sections 14528.6 and 14528.65) and the Surplus Lands Act; and (2) declaring City-owned properties associated with the former 238 Bypass Project, and subject to the 2016 Purchase and Sale Agreement between the State of California Department of Transportation and the City of Hayward, as exempt surplus lands. Exhibit A to the resolution in Attachment III includes legal descriptions for Parcel Groups 3, 4, 5, 6, 8, and 9.
End
SUMMARY
In the mid-1960s, the California State Department of Transportation (Caltrans) purchased more than 400 parcels of property for the construction of a 14-mile Route 238 Corridor Bypass Freeway to run through the City of Hayward (City) and parts of unincorporated Alameda County. In 1971, a lawsuit, filed in federal court on behalf of residents to be displaced by the freeway construction, blocked the project. Caltrans subsequently abandoned the freeway plan and began to individually auction off these properties with the sole purpose of disposing of the land, without any larger land use or community considerations. To ensure the productive development of this land in a manner that maximizes land value, while balancing...
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