Introduction
At 5:04 p.m.
on October 17, 1989, as millions of baseball fans were watching
the pregame broadcast of the third game of the World Series at
San Francisco's Candlestick Park, a powerful earthquake struck
the Bay Area. Television screens across the nation went momentarily
blank as the earthquake, measuring 7.1 on the Richter Scale, rocked
Candlestick Park. Sixty-seven people died and 3,000 were injured
in the third most lethal earthquake in U.S. history.
Of all the
scenes of destruction in the aftermath of the Loma Prieta earthquake,
the lasting image was the collapse of the Cypress Freeway in West
Oakland. Forty-two people died when concrete pillars supporting
the upper section of the double-deck freeway buckled and the entire
structure collapsed, destroying a 1¼-mile section of Interstate
880.
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The 1989
Loma Prieta earthquake damaged the Cypress Freeway beyond repair.
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The Cypress Freeway
was built in the 1950s to connect the sprawling tractlands of southern
Alameda County to downtown San Francisco and Oakland's industrial waterfront.
Its path through the predominantly African-American community of West
Oakland split the community in half and uprooted 600 families and dozens
of businesses. A roughly four-square-mile area was cut off from downtown
and more affluent sections of West Oakland to the east, sandwiched against
metalworking shops, railyards, and the Port of Oakland. Over the years,
neighborhood businesses withered from isolation, while residents were
forced to endure the fumes and noise from the thousands of cars passing
overhead.
Certainly no resident
of West Oakland welcomed the tragedy that took place on October 17,
1989. However, the collapse of the Cypress Freeway created the potential
for a dialogue over how and where the freeway would be reconstructed,
an opportunity that had not been available to West Oaklanders 35 years
before when the structure was originally built. Although the California
Department of Transportation (Caltrans) originally proposed to rebuild
the freeway in its existing location, a coalition of West Oakland community
representatives quickly formed in opposition to this plan. For nearly
two years following the earthquake, Caltrans worked with a wide range
of stakeholders to select a new alignment for the freeway that meets
the needs of both the traveling public and the community of West
Oakland. In addition, construction is scheduled to begin in March 2001
on a $13 million project to turn the former freeway into a forested,
landscaped boulevard that will reunite West Oakland.
The reconstruction
of the Cypress Freeway was an enormously expensive and complex undertaking
and, like most projects of this magnitude, it was not without controversy.
Disputes over the new freeway alignment and the discovery of toxic waste
during construction boiled over into several legal battles. In the final
analysis, however, the Cypress Freeway Replacement Project sends a strong
message about the potential for a transportation agency to work together
with citizens to accomplish an enormous task while helping to revitalize
a community.
The
Region and the Community
West Oakland
is a community of 18,317 residents located in a rectangular area
south of Interstate 580 and west of Interstate 980. A large portion
of this area is industrial, including the Port of Oakland, a Union
Pacific intermodal freight facility, warehousing and distribution
facilities, and light and heavy manufacturing. The vast majority
of West Oakland residents are African Americans, making up 77.3
percent of the population according to the 1990 U.S. Census. Other
groups include whites (11 percent), Hispanics (5.7 percent), Asians
(3.5 percent), and Native Americans (.3 percent).
West Oakland
is one of the oldest neighborhoods of Oakland and home of the
Transcontinental Railway terminus, which opened in 1869. Early
residents were Portuguese, Irish, and Italian immigrants. Many
African Americans moved to the area from the southern and eastern
United States during the period of western railroad expansion.
A second wave of African-American immigrants came during World
War II, attracted by the wartime boom in the shipbuilding industry.
West Oakland became a solid middle-class African-American community,
featuring well-preserved Victorian homes and attractive shopping,
cultural, and entertainment districts.
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The
Participants
-
Federal Highway Administration
-
California Department of Transportation
-
City of Oakland
-
Alameda County
-
Metropolitan Transportation Commission
-
US Environmental Protection Agency
-
California Environment Protection Agency
-
Port of Oakland
-
Southern Pacific Railroad
-
Citizens Emergency Relief Team
-
West Oakland Commerce Association
-
Oakland Citizens Committee for Urban Renewal
-
South Prescott Neighborhood Association
-
Chester Street Block Association
-
Oakland Private Industry Council
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This prosperity
proved to be short lived, however. Following World War II, government
shipbuilding decreased, idling thousands of workers. In addition, increased
mechanization of Port of Oakland operations raised labor productivity
and created few new longshoring jobs. Finally, industrial firms located
near the Port increasingly relocated to southern Alameda County, where
taxes were lower and land for sprawling one-story factories was cheaper.
With these changes,
West Oakland became an increasingly distressed community. By 1989 more
than 35 percent of West Oakland residents lived below the poverty level,
according to data from the 1990 U.S. Census. Unemployment was 21.5 percent
and nearly double that amount for African-American males. The median
household income was $13,123 compared
to the citywide median income of $27,095. Few residents were homeowners,
with roughly 85 percent of the 8,735 housing units in West Oakland occupied
by renters.
Community-based
efforts to address these challenges have been underway for several decades.
West Oakland has a strong tradition of community activism which dates
back to the 1960s. Some twenty community groups are active in the area
working on a variety of issues including housing, jobs, economic development,
and environmental improvement. A top priority of neighborhood leaders
is to have a voice in the planning of projects that have significant
impacts on the community. The economic revitalization of West Oakland
is high on the agendas of many of the area's community groups.
Potential anchors
for economic renewal do exist. West Oakland has several major employers,
including a U.S. Postal Services facility that employs over 4,000 workers
and the Port of Oakland. The Port, however, has been a mixed blessing
for West
Oakland. Although
Port-related activity accounts for almost 9,000 maritime industry jobs
in the Bay Area, only 12 percent of those jobs are held by Oakland residents.
In addition, truck traffic generated by the Port and ancillary facilities
produces noxious emissions, wear-and-tear on city streets, and traffic
congestion and parking problems. West Oakland residents have long argued
that they have suffered the negative environmental and traffic impacts
of the Port without receiving a significant share of the economic benefits.
Air pollution generated
by the Port and ancillary activities, by major freeways, by truck traffic,
and by neighborhood industrial facilities has become a growing source
of concern for West Oakland residents. Studies by the Children's Hospital
of Oakland and the California Department of Health Services indicate
that West Oakland residents suffer higher than expected rates of hospitalization
for asthma and certain forms of cancer (Children's Hospital of Oakland
1994, California Department of Health Services 1993). Such concerns
played a role in solidifying the community's opposition to rebuilding
the Cypress Freeway in its existing location.
What
Happened
For decades
after the Cypress Freeway was completed in 1957, it served as
a magnet for community frustration among West Oakland residents.
Residents argued they were given no opportunities to participate
in the planning and design process and many blamed the freeway
for Oakland's decline that began during the 1960s. According to
one former West Oakland resident, "Cypress opened the door.
It really split the city physically. It was the beginning of the
end. It ruined the integrity of the whole area."
When the
Cypress Freeway collapsed in October 1989, West Oakland residents
were determined to prevent the mistakes of the past from being
repeated. Within forty-eight hours of the Loma Prieta earthquake,
a group of prominent West Oakland leaders and community activists
formed the Citizens Emergency Relief Team (CERT). CERT was established
to provide a voice for the community of West Oakland in the reconstruction
of the Cypress Freeway and other rebuilding efforts following
the earthquake. It was more than just another neighborhood organization.
Its membership including a Bay Area Rapid Transit (BART) director,
a former Port of Oakland CEO, and an Alameda County supervisor
and former mayor of Berkeley was exceptionally resourceful and
well-positioned to influence policy.
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Snapshot of
the West Oakland Community
Population:
18,317
Racial
and ethnic composition:
- African
American - 77.3 percent
- Caucasian
- 11 percent
- Hispanic
- 5.7 percent
- Asian/Pacific
Islander - 3.5 percent
- Native
American - .3 percent
- Other
- 2.2 percent
Median
household income: $13,123
Population
living below poverty level: 35 percent*
Source:
1990 U.S. Census
* The
U.S. Department of Health and Human Services (HHS) issues
poverty guidelines on an annual basis. In 1990, DHHS defined
the poverty level as $6,280 for a single person. In 2000,
the poverty level was $8,350 for a single person. The most
current HHS poverty guidelines can be found at the HHS Website
at http://aspe.os.dhhs.gov/poverty/poverty.htm.
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After the earthquake,
Caltrans initially proposed to rebuild the Cypress in its existing location.
This plan, however, was adamantly opposed by the City of Oakland,
Alameda County officials, CERT, and the vast majority of the West Oakland
community. In January 1990, over 200 Oakland residents and politicians
packed the gymnasium of a West Oakland elementary school for a meeting
with Caltrans at which the agency's proposal was heavily criticized.
Meanwhile, members
of CERT, together with city and county officials, had begun efforts
to identify an alternative route for the Cypress. This alignment would
run west of the previous Cypress structure closer to the Port of Oakland,
following Southern Pacific railroad tracks for a portion of the way.
The new route would still impact a small residential area. However,
the majority of West Oakland would be reunited under this plan.
Project
Chronology
1957
The original Cypress Freeway is completed.
October
17, 1989
The Loma Prieta earthquake strikes the Bay Area, causing the collapse
of the Cypress Freeway.
November
1990
Caltrans releases the Draft EIS for the Cypress Freeway Replacement
Project.
September
1991
Caltrans releases the Final EIS.
October
1991
The California Transportation Commission approves the Final EIS.
March
1993
A coalition of West Oakland minority residents files a lawsuit
to prevent construction of the Cypress on the selected route.
July 1993
The City of Oakland and Caltrans sign the Freeway Performance
Agreement identifying goals for minority and local participation
in the freeway reconstruction.
January
1994
Freeway construction begins.
July 1996
Caltrans discovers toxic vinyl chloride in the freeway construction
path and halts construction in this area.
December
24, 1996
Caltrans resumes freeway construction following approval by the
California Department of Toxic Substances Control of Caltrans'
Removal Action Workplan.
June 1997
The Chester Street Block Association files a Title VI administrative
complaint with US EPA and US DOT, citing Caltrans' failure to
remediate vinyl chloride.
July 1997
The first leg of the new Cypress Freeway reopens.
September
1998
The Cypress Freeway is completed.
August
1999
Caltrans settles a Title VI administrative complaint filed by
the Chester Street Block Association by agreeing to more stringent
standards for removing soil at a future park site.
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|
Debate over
the alignment for the reconstruction of the Cypress Freeway continued
for eighteen months. During this period, Caltrans helped form
the Community Advisory Committee (CAC), comprised of West Oakland
citizens, and participated in scores of meetings with the CAC,
CERT, the West Oakland Commerce Association, City of Oakland officials,
and commuter groups.
The coalition
backing a new alignment for the freeway frequently used the language
and symbolism of environmental justice to articulate its positions.
As one frustrated West Oakland resident asked, "How about
putting the freeway through Blackhawk or Danville? Why is the
poor community always having to pay?" Residents argued that
car exhaust fumes contributed to higher incidences of underweight
babies, infant deaths, and acute and chronic diseases in West
Oakland than elsewhere in Alameda County, a claim supported by
health officials.
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The collapse
of the Cypress Freeway created the opportunity for a dialogue
over where and how the freeway would be rebuilt.
|
The discussion over the future
Cypress freeway alignment was complicated from the start because, at the outset,
Caltrans and the community of West Oakland held very different perspectives on
the project. For Caltrans, it was above all a transportation project of regional
importance, necessary to replace an essential link in the East Bay's freeway network.
For others, however, particularly CERT and its allies, it was principally
a community revitalization project that had the potential to help return West
Oakland to its previous grandeur and address environmental justice concerns of
community residents. Although Caltrans never wavered in its commitment to restoring
the Cypress as a regionally significant highway connector, dialogue with the West
Oakland community ultimately sensitized the agency to the community's perspective
as well.
NEPA Process.
For twelve months following the Loma Prieta earthquake, Caltrans
worked to prepare a Draft Environmental Impact Statement (EIS), evaluating
numerous alternatives for responding to the collapse of the Cypress
Freeway. Six alternatives were identified in the Draft EIS released
by Caltrans in November 1990. These included a no-build alternative,
two alternatives that would utilize the existing Cypress right-of-way,
and three versions of the railroad corridor alignment advocated by CERT
and the City of Oakland. The Draft EIS was distributed to government
officials, local businesses and residents, and community organizations
for review and comment. In January 1991, Caltrans held open houses at
three different Oakland schools to provide opportunities for public
input about the alternatives. Also that month, Caltrans held a formal
public hearing attended by roughly 250 people at one of the same three
schools.
Eight months after
the official public comment period for the Draft EIS ended on February
1, 1991, Caltrans released the Final EIS for the Cypress Freeway Replacement
Project, which identified the selected alignment for the new freeway.
Responding to pressure from the City of Oakland and West Oakland citizens,
Caltrans selected the Transit/TSM/Freeway Alternative in the Railroad
Corridor (see sidebar), which redirected the freeway along railroad
tracks to the west of the community. This alternative added over one
mile to the freeway at a cost of more than $500 million for purchase
of the right-of-way alone. However, it represented an opportunity to
reunite West Oakland, a crucial step in addressing the social and economic
problems of this community.
Negotiations among
Caltrans, the City of Oakland, and West Oakland community groups over
the project design led to a number of additional community benefits.
First, Caltrans agreed to provide a direct off-ramp from the new freeway
to service the Port of Oakland, meaning that heavy transport trucks
traveling to and from the Port would no longer traverse residential
neighborhood streets. This interchange, valued at nearly $25 million,
was also expected to improve the Port's competitive position vis-à-vis
other West Coast ports and facilitate employment opportunities for local
residents.
In addition, although
Caltrans initially proposed to eliminate an existing off-ramp at Market
Street, West Oakland businesses and community groups expressed concern
that this might limit access to local businesses. A West Oakland resident
and member of CERT who was also chief of construction for Alameda County
prepared a design to maintain the interchange which was presented to
Caltrans at community meetings. Largely on the basis of this proposal,
Caltrans agreed to modify and retrofit the existing structure at Market
Street.
NEPA Process:
Identifying and Evaluating Alternatives
The National
Environmental Policy Act of 1969 (NEPA) sets a vision for how
the government should work to incorporate protection and enhancement
of the environment into its decisions and actions. NEPA was enacted
to ensure that information on the environmental impacts of any
federally funded action is available to public officials and citizens
before decisions are made and before actions are taken. Under
NEPA, governmental agencies are required to prepare an Environmental
Impact Statement (EIS) for projects where it is known that the
action will have a significant effect on the environment. Agencies
must prepare and make available for public comment a Draft EIS
before preparing the final version of the EIS.
In preparing
its Draft EIS for the Cypress Freeway Replacement Project, Caltrans
identified and evaluated many different alternatives for responding
to the loss of capacity caused by the collapse of the Cypress
structure. In developing and screening the alternatives, Caltrans
consulted with a range of groups, including jurisdictional agencies,
the business community, environmental groups, West Oakland residents,
CERT, and major local employers such as the Port of Oakland, the
U.S. Army, the Southern Pacific Railroad, and the East Bay Municipal
Utility District.
Sixteen alternatives
were evaluated and withdrawn from further consideration because
of excessive cost; operational or safety problems; unacceptable
social, economic, or environmental impacts; serious community
disruption;
or failure to meet project purpose and need.
The following
six alternatives were presented in the Draft EIS:
- No-Build Alternative. Under this alternative, no action would
be taken. Modifications and operational improvements already
made to I-980 and I-580 to accommodate traffic diverted from
the Cypress would remain in effect.
- Cypress Corridor Alternative. This alternative would construct
the freeway using the existing Cypress right-of-way, utilizing
a cut-and-cover tunnel configuration through residential portions
of the alignment.
- Transit/Transportation System Management (TSM)/Freeway Alternative
in the Cypress Corridor. This alternative would combine a version
of Option 2 with transit improvements and other strategies to
reduce congestion.
- Railroad Corridor Alternative Partially at Grade. Under this
alternative, the freeway would be built west of the existing
Cypress structure, utilizing Southern Pacific railroad yards
near the Port of Oakland.
- Railroad Corridor Alternative Elevated Alignment Option.
This alternative would be an entirely elevated version of Option
4.
- Transit/TSM/Freeway Alternative in the Railroad Corridor.
This alternative would combine Options 4 or 5 with transit improvements
and other strategies to reduce congestion.
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|
Mitigation
and Enhancements. Caltrans initiated several strategies and
actions to mitigate the impacts of the demolition of the old Cypress
Freeway and construction of the new structure on the Oakland community.
Some of these actions included temporarily relocating nearby residents
and installing dust screens on homes in close proximity to the
demolition site. Caltrans also produced a series of trucking guides
in response to neighborhood concerns over increased truck traffic
on residential streets to and from the Port of Oakland during
the construction and demolition period. These guides encouraged
truck drivers to use designated routes through West Oakland. Caltrans
also supplied extra crossing
guards at two local schools to help ensure the safety of schoolchildren.
Mitigation
for residents and businesses in close proximity to the new freeway
included sound barriers that reduced projected freeway noise levels
to between 62 and 67 decibels. Landscaping in front of sound barriers,
including densely planted trees and shrubs, provided aesthetic
visual screening of the freeway from the neighborhoods. In addition,
Caltrans compensated 30 homeowners and 46 businesses whose property
was located within the right-of-way selected for the new freeway.
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The new Cypress Freeway alignment ran west of the original structure,
avoiding most residential areas of West Oakland. |
Caltrans also made
efforts to ensure that Oakland residents and businesses benefited from
the project. During the demolition phase, Caltrans archaeologists excavated
sites along the route and uncovered a wealth of artifacts dating back
to the 1800s. Key finds included turn-of-the-century artifacts belonging
to African-American railroad porters. While fieldwork was in progress,
oral history interviews with former porters were carried out to gather
information on how jobs were done and what they meant to the workers.
Caltrans compiled artifacts, historic photographs, and documentation
into a traveling exhibit called "Holding the Fort: An Exhibit of
African-American Historical Archaeology and Labor History in West Oakland."
The title of the exhibit comes from a song regularly sung by the Brotherhood
of Sleeping Car Porters at their West Oakland meetings.
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In July 1993,
Oakland City Council approved an agreement with Caltrans that
outlined Caltrans' responsibility for resolving issues of concern
with the City of Oakland and its citizens during the design and
construction of the project. The agreement set goals for the participation
of disadvantaged and local contractors on the project, along with
employment of local residents, minorities, and women. It also
called for the state to spend up to $1.2 million training local
residents.
Caltrans
worked with the City of Oakland and the Oakland Private Industry
Council, a local job training provider, to establish the Cypress/Mandela
Training Center. The Center's initial mission was to provide low-income
West Oakland residents with the training and skills necessary
to be included in the freeway reconstruction project. The Center,
which is still in operation, has produced nearly 700 graduates
qualified for positions in carpentry, surveying, electrical, and
masonry work that have been placed in construction positions throughout
northern California. The Center's placement rate is 82 percent.
Sixty-five of its graduates were employed on the Cypress Freeway
Replacement Project. Caltrans provided nearly $500,000 to fund
the Center during the freeway construction period, and an additional
$1 million for continuation of the program after the freeway was
completed.
|
An agreement between Caltrans and the City of Oakland set goals
for the employment of local residents, minorities, and women on
the Cypress reconstruction project. |
In order to keep
the community informed about opportunities and disruptions associated
with the Cypress Freeway Replacement Project, Caltrans opened a Public
Information Office in West Oakland's historic Glove Building in 1992.
Caltrans staffed the office five days a week, responding to questions
from the public and researching information requests. In its first three
years, approximately 10,000 individuals visited the office, while staff
conducted between 30 and 40 presentations per year to local, regional,
and statewide groups on a range of topics. Caltrans also produced 29
issues of the quarterly newsletter, the Cypress Link, distributed
to more than 15,000 residents, businesses, community organizations,
and public officials. The Cypress Link was an important source
of information, providing construction updates, commuter, and contracting
information to the public for the duration of the project.
Benefits
to Local and Minority Workers and Contractors
One of the
final hurdles to rebuilding the Cypress Freeway was removed in
July 1993 when representatives from Caltrans and the City of Oakland
signed the Freeway Performance Agreement. A key part of
the Agreement was a provision intended to ensure that local residents
and businesses would receive a proportionate share of the jobs
and contracts generated by the project. The agreement established
the following goals:
35 percent
Disadvantaged Business Enterprise (DBE) participation
20 percent
Local Business Enterprise (LBE) participation
45 percent
employment of local residents, minorities, and women on a craft-by-craft
basis by hours of employment
DBEs are
businesses owned by women and minorities. LBEs are businesses
located within the City of Oakland.
In February
1994, an Independent Monitoring Team was established to monitor
the contracting and employment goals set by the terms of the Agreement.
The Team, which was funded by Caltrans, issued periodic reports
during the construction phase of the project and released its
final report in March 1999.
Tables 1
and 2 taken from the Independent Monitoring Team's Close-Out Report
indicate that Caltrans met the contracting and employment goals
identified in the Freeway Performance Agreement. However,
certain groups were underrepresented in the project. For example,
African Americans and women performed just 13.7 percent and 6.3
percent of the work hours on the project, respectively. Perhaps
more disturbing, the Report found that less than 1 percent of
all work hours were performed by West Oakland residents. African-American
contractors were also underrepresented in the project.
|
Table
1. Project Workhour Percentages by Ethnicity, Gender, and
Residency
|
|
Percentage
of Workhours
|
|
Minority
|
Combined
|
|
All
|
Black
|
Hispanic
|
Asian
|
N.
Am.
|
Female
|
Oakland
|
(M,
F, O)
|
|
43.6%
|
13.7%
|
25.2%
|
1.9%
|
2.8%
|
6.3%
|
17.1%
|
67.0%
|
|
Table
2. DBE/LBE Project Participation
|
|
|
Total
|
African
American
|
Hispanic
|
Asian
|
Native
American
|
Female
|
|
|
$
|
%
|
$
|
%
|
$
|
%
|
$
|
%
|
$
|
%
|
$
|
%
|
|
DBE
|
204.6
|
43.9
|
35.9
|
7.7
|
112.5
|
24.2
|
8.2
|
1.8
|
9.8
|
2.1
|
38.2
|
8.2
|
|
LBE
|
90.6
|
19.5
|
33.2
|
7.1
|
6.8
|
1.5
|
0
|
0
|
0
|
0
|
17.4
|
3.74
|
The
Independent Monitoring Team identified a number of reasons for
the underrepresentation of certain groups. Most important, the
Freeway Performance Agreement used combined employment
and contracting goals. The 45 percent combined employment goal,
for example, could be met without hiring a single Oakland resident
if minority and female percentages were high enough. The report
recommended that separate local workforce goals be specified in
any future agreements of this nature.
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|
Community Divided.
Although the
new route selected for the Cypress Freeway no longer bisected West Oakland,
it did impact a small residential area in the southwestern portion of
the community. Residents of this area, known locally as "Lower Bottom,"
argued unsuccessfully that the new Cypress structure should be located
further west, avoiding residential areas altogether. Caltrans determined
that such an alignment would fail to comply with highway construction
standards because cars would be forced to slow down to unsafe freeway
speeds in order to negotiate curves.
In March
1993, a coalition of residents from this area of West Oakland
filed a 92-page lawsuit in U.S. District Court in San Francisco
against Caltrans, the U.S. Department of Transportation, and the
Federal Highway Administration. The suit alleged that the project
would expose about 7,000 residents to excessive
noise and high levels of carbon monoxide, ozone, lead and other
pollutants, endangering health and lowering property values. It
claimed that the agencies violated environmental and civil rights
laws, including the National Environmental Policy Act and Title
VI of the Civil Rights Act, by not fully considering the health
and environmental effects of the project on low-income and minority
residents located nearby.
|
 
Caltrans
produced a quarterly newsleter, the Cypress Link, to provide
the community with information on the project.
|
This claim, however,
was challenged by other members of the West Oakland community. The following
month, representatives from CERT and several other West Oakland community
organizations held a press conference to denounce the lawsuit, insisting
that Caltrans worked closely with West Oakland community representatives
to determine the alignment of the new freeway.
The suit was ultimately
settled when Caltrans agreed to some additional mitigation measures,
including reimbursement costs for an air conditioning system and soundproofing
at a church located near the freeway, along with additional soundwalls
and landscaping. However, conflict resurfaced several years later when
a large plume of cancer-causing vinyl chloride was discovered in the
path of the new freeway. Caltrans immediately halted work at the site
when the discovery was made in the spring of 1996. During the next several
months, Caltrans developed a plan to drive hollow steel pillars into
freeway footing sites contaminated by vinyl chloride, and then seal
them above ground with cement. Area residents, however, argued that
a full cleanup was necessary. On December 23, 1996, the California Department
of Toxic Substances Control (DTSC) issued a ruling approving Caltrans'
plan. In a controversial move, Caltrans resumed work at the site the
following day before residents had time to review the DTSC report.
|
In June 1997
the Chester Street Block Association, a community organization
active in the area where the vinyl chloride was discovered, filed
an administrative complaint with the U.S. DOT. The complaint alleged
that Caltrans had violated Title VI of the Civil Rights Act by
failing to remediate toxic hazards threatening the health and
safety of minority residents living adjacent to the site. This
conflict remained unresolved for more than two years. However,
the parties reached a settlement in August 1999, when Caltrans
agreed to abide by stringent cleanup standards in removing contaminated
dirt from a park located opposite the toxic waste site. The agreement
came after the U.S. representative, state assembly member, and
Oakland city council member representing the district announced
their support for the neighborhood's position.
Restoring
the Link. In September 1998, nearly nine years after the massive
Loma Prieta earthquake struck the Bay Area, the final sections
of the Cypress Freeway reopened to traffic. The $1.2 billion price
tag for the 5.2-mile stretch of asphalt and concrete easily made
it the most expensive strip of highway in California history.
|
The routing
of the new freeway through industrial areas of West Oakland forced
Caltrans to address hazardous waste concerns.
|
|
The new Cypress
Freeway alignment followed Southern Pacific railroad tracks.
|
Meanwhile,
efforts are underway to transform the old Cypress corridor into
an elegant, landscaped boulevard. Caltrans worked with West Oakland
business and community representatives and city officials to plan
the Mandela Parkway, which will be lined by nearly 1,000 trees
and include 1920s-style street lamps, benches, fountains, bike
and walking trails, and a Welcome-to-Oakland arch. The $13 million
cost for developing the greenbelt surrounding the boulevard will
come from state highway operations funds.
In 1998,
the Mandela Artscape Project was created in the Cypress corridor.
The environmental art project used recycled construction materials
and native plants to transform a portion of the former freeway
site into a sculpture garden. Caltrans donated time and materials
to the project, which was intended as a first step toward reweaving
West Oakland back into the fabric of the city.
Indeed, signs
of a renaissance in West Oakland are already visible. Property
values along Mandela Parkway have experienced sizable increases
in recent years, due in part to the presence below the street
of what represents the Bay Area's tightest mesh of underground
data transmission lines. Some planners and developers are anticipating
this will ultimately draw West Oakland into a technology triangle
with Emeryville to the north and San Francisco to the west.
|
Use
of Effective Environmental Justice Practices
The Cypress Freeway
Replacement Project offers an example of a transportation agency that
worked hard and, for the most part, effectively to address the needs
and concerns of a low-income and minority community in the planning,
design, and construction of an enormously complex and controversial
project. Through the efforts of Caltrans and its partners, a 1¼-mile
freeway segment that once drove a wedge through the heart of West Oakland
was rerouted and the community of West Oakland was physically reunited.
The project contains examples of some of the following effective practices:
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Responsiveness
to Community Preferences. In the aftermath of the Loma Prieta
earthquake and the collapse of the Cypress Freeway, Caltrans faced
enormous pressure to reconnect what represented a key highway link
between the South Bay and the San Francisco Bay Bridge. Clearly,
the least costly and most expedient solution would have been to
reconstruct the Cypress using the freeway's existing right-of-way.
Although Caltrans initially explored this possibility, the agency
listened when the community of Oakland argued for an alternative
route. The result was a more expensive and time-consuming project,
but one that takes into account the impact of a major freeway project
on a low-income and minority community.
-
Highlighting
of Neighborhood History and Culture. In addition to selecting
a new, less intrusive alignment for the Cypress Freeway, Caltrans
worked with the Oakland community to mitigate the impact of the
freeway and freeway construction on local residents and to ensure
that the community benefited in meaningful ways from the project.
For example, Caltrans excavated sites along the freeway right-of-way
where artifacts belonging to former African-American railroad porters
were uncovered. This material became part of a traveling exhibit
on African- American
labor history in West Oakland sponsored by Caltrans.
-
Provision
of Multiple Economic Benefits for the Community. The new alignment
for the Cypress Freeway provides several economic benefits for West
Oakland residents and businesses. Negotiations among CERT, Caltrans,
and the Port of Oakland resulted in a direct off-ramp servicing
the Port, which will facilitate Port expansion and create local
job opportunities. Preservation of the Market Street off-ramp, an
additional concession by Caltrans to West Oakland business and community
groups, will maintain accessibility to local businesses.
-
Local and
Minority Participation in Construction. Caltrans also
undertook steps to facilitate participation of local and minority
workers and contractors in the construction phase of the project.
An agreement between Caltrans and the City of Oakland identified
goals for disadvantaged and local business participation in the
project, and targets for employment of local residents, minorities,
and women. The final report of an Independent Monitoring Team hired
by Caltrans to monitor compliance with these goals indicates they
were indeed met, even if certain groups were underrepresented in
the project. In addition, Caltrans' financial support for the Cypress/Mandela
Training Center helped produce a
program that has outlived the construction phase of the Cypress
Freeway and continues to provide badly needed training opportunities
for Oakland residents today.
-
Improvement
of Community Livability. Caltrans is working with the City of
Oakland and Oakland community organizations to transform the old
Cypress Freeway corridor into the Mandela Parkway. The landscaped
boulevard promises to undo much of the damage caused by the routing
of the original Cypress Freeway through West Oakland during the
1950s.
Benefits
from Environmental Justice in Decision Making
For the
Community:
- The Cypress
Freeway Replacement Project removed a physical barrier that
had divided West Oakland for more than three decades. It reduced
noise and emissions levels for thousands of West Oakland residents
living adjacent to the former structure. It sets the stage for
the economic renewal and revitalization of West Oakland.
- The new
Mandela Parkway, which will be constructed in the Cypress corridor,
will physically reconnect the sections of West Oakland formerly
divided by the Cypress Freeway. This project, with its bike
and pedestrian trails and green space, will improve the livability
of West Oakland in addition to serving as an important local
transportation corridor.
- Efforts
underway to expand operations at the Port of Oakland will benefit
from an interchange along the rerouted Cypress Freeway directly
servicing the Port. The expansion of the Port is creating living
wage job opportunities for Oakland residents. The interchange
also reduces Port-related truck traffic on West Oakland residential
streets.
- Local
businesses were awarded over $90 million in contracts during
the construction of the Cypress Freeway. The project provided
employment for more than 1,000 Oakland residents, although few
of theseworkers
were from West Oakland. A local job training program funded
by Caltrans to provide pre-apprentice training in construction
continues to place graduates in construction jobs today.
For Caltrans:
- From the
start, Caltrans had a strong interest in restoring what it perceived
as a crucial link in the East Bay's freeway network. Not only
was this accomplished, but the outcome is also far better than
it would have been had environmental justice principles not
been incorporated into the planning, design, and construction
of the project. The impacts of the Cypress Freeway on the West
Oakland community have been reduced, and plans for the Mandela
Parkway are generating excitement and enthusiasm in West Oakland,
rather than opposition.
- Caltrans
gained important insights into the value of public involvement
during this project. Its relationship with the West Oakland
community reinforced the agency's appreciation of the benefits
of partnering with a sophisticated and resourceful community.
By the same token, the agency learned that decisionmaking processes
that fail to satisfy all segments of the community may well
impose additional time and costs on a project.
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Caltrans financed
the Cypress/Mandela Training Center to provide Oakland residents with
skills necessary to participate in the freeway reconstruction project.
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The Cypress Freeway
reconstruction was completed in September 1998, reuniting the community
of West Oakland.
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Challenges
Ahead
Although the reconstruction
of the Cypress Freeway is now complete, West Oakland will not be physically
reunited until the Mandela Parkway is finished. Current plans call for
a tree-lined boulevard with a trail down the center, parks, and public
art. This new public space is expected to serve as a pedestrian friendly
bridge between the two segments of West Oakland formerly separated by
the Cypress Freeway. The City of Oakland, which will assume responsibility
for the parkway once it is completed, will need to dedicate resources
to maintaining park spaces and ensuring public safety so that it is
perceived by pedestrians and cyclists as a safe and attractive area.
In the meantime, Caltrans should work carefully with the City of Oakland
and West Oakland residents and businesses to ensure that the project
is carried out as planned and that disruptions to the West Oakland community
during the construction phase are minimized to the extent possible.
Without question,
the Cypress Freeway played a key role in Oakland's decline during the
past several decades. However, the removal of the Cypress from the heart
of West Oakland represents a necessary but insufficient condition for
revitalizing this community. There is still much work to be done. Housing
and commercial areas of West Oakland are in desperate need of improvement.
In addition, with the flight of industry from the area, too few living
wage jobs are available to meet the employment needs of local residents.
Now that the Cypress has been removed, Oakland city officials, businesses,
and community organizations will need to work together to develop solutions
to these problems if West Oakland is to achieve its former status as
a thriving, middle-class community.
"We
changed the course of transportation in West Oakland forever by planning, organizing,
demanding, and shepherding the rerouting of the Cypress Freeway ... Never before
have so many benefited from the initiatives of a community-based group."
--
Paul Cobb
Citizens
Emergency Relief Team (CERT)
Lessons
Learned
-
Representatives
of Low-Income and Minority Communities can be Resourceful and Effective
Partners. All too often, transportation agencies view "the
community" as a collection of individuals lacking the knowledge,
training, and influence to play a substantive role in project planning,
design, and implementation. In the case of the Cypress Freeway,
such an outlook would have grossly underestimated the capacity of
West Oakland community representatives involved with the Cypress
Freeway Replacement Project. CERT in particular played a leading
role in developing the plan to reroute the Cypress, and leaders
of the organization met with White House, U.S. Department of Transportation,
and California officials to lobby on behalf of the proposal. Additional
recommendations put forth by CERT and other community organizations,
such as the installation of an interchange servicing the Port of
Oakland, helped ensure that the community benefited from the project
in multiple ways.
-
Community
Representatives and Transportation Agencies may have Different Goals
for Transportation Projects. Caltrans viewed the Cypress Freeway
Replacement Project principally as a transportation project. For
residents of West Oakland, however, it was above all a community
revitalization project. Effective working relationships between
communities and transportation authorities do not require each group
to adopt the other's perspective on a particular project. What
is required, however, is a healthy appreciation by all project
partners of the interests and concerns of all stakeholders and a
willingness to negotiate and build consensus.
-
Local Hiring
Goals are Achievable through Effective Performance Agreements.
Large projects located in low-income and minority communities should
provide significant employment opportunities for local residents.
Cities that are genuinely committed to fostering such opportunities
would do well to avoid combined employment goals and instead identify
specific targets for local participation in agreements with transportation
agencies.
-
Communities
may not Always Speak with One Voice. The Cypress
Freeway Replacement Project sparked controversy at times, which
comes as no surprise given the enormity and complexity of the project.
While disagreements are inevitable and perhaps even healthy in a
project of this magnitude, the expensive and time-consuming litigation
that Caltrans found itself confronting at various times during the
course of this project was unfortunate. Caltrans made a good faith
effort to involve West Oakland community representatives in the
decisionmaking process. Its mistake, perhaps, was assuming that
the members of CERT and other organizations that it partnered with
spoke for the entire community of West Oakland. Clearly, they did
not. In order to avoid a repeat of this situation in future projects,
Caltrans and other agencies should make a special effort to engage
community representatives from all neighborhoods that are
impacted by a particular project and seek to resolve issues of concern
through negotiation and compromise.
"The
Cypress Replacement Project is more than the physical construction of a freeway;
it is a prime example of concerned citizens working together with local government
to improve and shape their community."
--
Caltrans
(from
The Cypress Freeway: The Link is Restored)
References
Brett Jackson,
"Replacing Oakland's Cypress Freeway." Public Roads
(March/April 1998).
California Department
of Health Services. 1993. Alameda County Census Tracts 4018, 4019,
4020, 4021, 4022, 4025 combined. The Incidence of Invasive Cancer, Selected
Anatomic Sites, 1987-1993.
Children's Hospital
of Oakland. 1994. Discharges by Zip by Age Group (Asthma), 1994
Datis Database.
Caltrans, The
Cypress Freeway: The Link is Restored (1999).
Close-Out Report
of the Independent Monitoring Team: Cypress Freeway Replacement Project
(March 1999).
Federal Highway
Administration, Office of Inspector General Audit Report, Review
of the Cypress Freeway Project, Oakland, California (September 1998).
Contacts
Stephen Williams
Public Affairs
Officer
Caltrans
1545 Willow St.
Oakland, CA 94607
tel. (510) 286-7399
Bill Wong
Senior Transportation Engineer
Federal Highway
Administration
980 9th St., Suite 400
Sacramento, CA 95814-2724
tel. (916) 498-5042
Dr. William Love
Chair, Transportation Committee, Citizens Emergency
Relief Team (CERT)
Merritt College
12500 Campus Drive
Oakland, CA 94619
tel. (510) 531-4911
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