Project Planning,Development, Right of Way;

Public Involvement; Mitigationand Enhancement Activities

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Introduction

At 5:04 p.m. on October 17, 1989, as millions ofbaseball fans were watching the pregame broadcastof the third game of the World Series at SanFrancisco’s Candlestick Park, a powerful earthquakestruck the Bay Area. Television screens across thenation went momentarily blank as the earthquake,measuring 7.1 on the Richter Scale, rockedCandlestick Park. Sixty-seven people died and 3,000were injured in the third most lethal earthquake inU.S. history.

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Of all the scenes of destruction in the aftermath ofthe Loma Prieta earthquake, the lasting image wasthe collapse of the Cypress Freeway in WestOakland. Forty-two people died when concretepillars supporting the upper section of the double-deck freeway buckled and the entire structurecollapsed, destroying a 1¼-mile section of Interstate880.

The Cypress Freeway was built in the 1950s toconnect the sprawling tractlands of southernAlameda County to downtown San Francisco andOakland’s industrial waterfront. Its path through thepredominantly African-American community of WestOakland split the community in half and uprooted600 families and dozens of businesses. A roughlyfour-square-mile area was cut off from downtownand more affluent sections of West Oakland to theeast, 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 andnoise from the thousands of cars passing overhead.

Certainly no resident of West Oakland welcomed thetragedy that took place on October 17, 1989.However, the collapse of the Cypress Freewaycreated the potential for a dialogue over how andwhere the freeway would be reconstructed, anopportunity that had not been available to WestOaklanders 35 years before when the structure wasoriginally built. Although the California Departmentof Transportation (Caltrans) originally proposed to

Cypress FreewayReplacement Project

CALIFORNIA DEPARTMENT OF TRANSPORTATION

Cypress FreewayReplacement Project

CALIFORNIA DEPARTMENT OF TRANSPORTATION

The 1989 Loma Prieta earthquake damaged the Cypress Freewaybeyond repair.

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rebuild the freeway in its existing location, a coalitionof West Oakland community representatives quicklyformed in opposition to this plan. For nearly twoyears following the earthquake, Caltrans workedwith a wide range of stakeholders to select a newalignment for the freeway that meets the needs ofboth the traveling public and the community of WestOakland. In addition, construction is scheduled tobegin in March 2001 on a $13 million project to turnthe former freeway into a forested, landscapedboulevard that will reunite West Oakland.

The reconstruction of the Cypress Freeway was anenormously expensive and complex undertaking and,like most projects of this magnitude, it was notwithout controversy. Disputes over the new freewayalignment and the discovery of toxic waste duringconstruction boiled over into several legal battles. Inthe final analysis, however, the Cypress FreewayReplacement Project sends a strong message aboutthe potential for a transportation agency to worktogether with citizens to accomplish an enormoustask while helping to revitalize a community.

The Region and the Community

West Oakland is a community of 18,317 residentslocated in a rectangular area south of Interstate 580and west of Interstate 980. A large portion of thisarea is industrial, including the Port of Oakland, aUnion Pacific intermodal freight facility, warehousingand distribution facilities, and light and heavymanufacturing. The vast majority of West Oaklandresidents are African Americans, making up 77.3percent of the population according to the 1990 U.S.Census. Other groups include whites (11 percent),Hispanics (5.7 percent), Asians (3.5 percent), andNative Americans (.3 percent).

West Oakland is one of the oldest neighborhoods ofOakland and home of the Transcontinental Railwayterminus, which opened in 1869. Early residentswere Portuguese, Irish, and Italian immigrants. ManyAfrican Americans moved to the area from thesouthern and eastern United States during the periodof western railroad expansion. A second wave ofAfrican-American immigrants came during WorldWar II, attracted by the wartime boom in theshipbuilding industry. West Oakland became a solidmiddle-class African-American community, featuringwell-preserved Victorian homes and attractiveshopping, cultural, and entertainment districts.

This prosperity proved to be short lived, however.Following World War II, government shipbuildingdecreased, idling thousands of workers. In addition,increased mechanization of Port of Oaklandoperations raised labor productivity and created fewnew longshoring jobs. Finally, industrial firms locatednear the Port increasingly relocated to southernAlameda County, where taxes were lower and landfor sprawling one-story factories was cheaper.

With these changes, West Oakland became anincreasingly distressed community. By 1989 morethan 35 percent of West Oakland residents livedbelow the poverty level, according to data from the1990 U.S. Census. Unemployment was 21.5 percentand nearly double that amount for African-Americanmales. The median household income was $13,123

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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compared to the citywide median income of$27,095. Few residents were homeowners, withroughly 85 percent of the 8,735 housing units inWest Oakland occupied by renters.

Community-based efforts to address these challengeshave been underway for several decades. WestOakland has a strong tradition of community activismwhich dates back to the 1960s. Some twentycommunity groups are active in the area working on avariety of issues including housing, jobs, economicdevelopment, and environmental improvement. A toppriority of neighborhood leaders is to have a voice inthe planning of projects that have significant impactson the community. The economic revitalization of WestOakland is high on the agendas of many of the area’scommunity groups.

Potential anchors for economic renewal do exist.West Oakland has several major employers, includinga U.S. Postal Services facility that employs over4,000 workers and the Port of Oakland. The Port,however, has been a mixed blessing for West

Oakland. Although Port-related activity accounts foralmost 9,000 maritime industry jobs in the Bay Area,only 12 percent of those jobs are held by Oaklandresidents. In addition, truck traffic generated by thePort and ancillary facilities produces noxiousemissions, wear-and-tear on city streets, and trafficcongestion and parking problems. West Oaklandresidents have long argued that they have sufferedthe negative environmental and traffic impacts of thePort without receiving a significant share of theeconomic benefits.

Air pollution generated by the Port and ancillaryactivities, by major freeways, by truck traffic,and by neighborhood industrial facilities hasbecome a growing source of concern for WestOakland residents. Studies by the Children’sHospital of Oakland and the California Departmentof Health Services indicate that West Oaklandresidents suffer higher than expected rates ofhospitalization for asthma and certain forms ofcancer (Children’s Hospital of Oakland 1994,California Department of Health Services 1993).Such concerns played a role in solidifying thecommunity’s opposition to rebuilding the CypressFreeway in its existing location.

What Happened

For decades after the Cypress Freeway wascompleted in 1957, it served as a magnet forcommunity frustration among West Oaklandresidents. Residents argued they were given noopportunities to participate in the planning and designprocess and many blamed the freeway for Oakland’sdecline that began during the 1960s. According toone former West Oakland resident, “Cypress openedthe door. It really split the city physically. It was thebeginning of the end. It ruined the integrity of thewhole area.”

When the Cypress Freeway collapsed in October1989, West Oakland residents were determined toprevent the mistakes of the past from being repeated.Within forty-eight hours of the Loma Prieta

Snapshot of the West OaklandCommunityPopulation: 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 percentMedian 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) issuespoverty guidelines on an annual basis. In 1990, DHHS defined thepoverty level as $6,280 for a single person. In 2000, the povertylevel was $8,350 for a single person. The most current HHSpoverty guidelines can be found at the HHS Website athttp://aspe.os.dhhs.gov/poverty/poverty.htm.

earthquake, a group of prominent West Oaklandleaders and community activists formed the CitizensEmergency Relief Team (CERT). CERT wasestablished to provide a voice for the community ofWest Oakland in the reconstruction of the CypressFreeway and other rebuilding efforts following theearthquake. It was more than just anotherneighborhood organization. Its membership –including a Bay Area Rapid Transit (BART) director,a former Port of Oakland CEO, and an AlamedaCounty supervisor and former mayor of Berkeley –was exceptionally resourceful and well-positioned toinfluence policy.

After the earthquake, Caltrans initially proposed torebuild the Cypress in its existing location. This plan,however, was adamantly opposed by the City of

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Project Chronology1957The original Cypress Freeway is completed.

October 17, 1989The Loma Prieta earthquake strikes the Bay Area, causingthe collapse of the Cypress Freeway.

November 1990Caltrans releases the Draft EIS for the Cypress FreewayReplacement Project.

September 1991Caltrans releases the Final EIS.

October 1991The California Transportation Commission approves theFinal EIS.

March 1993A coalition of West Oakland minority residents files alawsuit to prevent construction of the Cypress on theselected route.

July 1993The City of Oakland and Caltrans sign the FreewayPerformance Agreement identifying goals for minority andlocal participation in the freeway reconstruction.

January 1994Freeway construction begins.

July 1996Caltrans discovers toxic vinyl chloride in the freewayconstruction path and halts construction in this area.

December 24, 1996Caltrans resumes freeway construction followingapproval by the California Department of ToxicSubstances Control of Caltrans’ Removal ActionWorkplan.

June 1997The Chester Street Block Association files a Title VIadministrative complaint with US EPA and US DOT, citingCaltrans’ failure to remediate vinyl chloride.

July 1997The first leg of the new Cypress Freeway reopens.

September 1998The Cypress Freeway is completed.

August 1999Caltrans settles a Title VI administrative complaint filedby the Chester Street Block Association by agreeing tomore stringent standards for removing soil at a futurepark site.

Oakland, Alameda County officials, CERT, and thevast majority of the West Oakland community. InJanuary 1990, over 200 Oakland residents andpoliticians packed the gymnasium of a West Oaklandelementary school for a meeting with Caltrans atwhich the agency’s proposal was heavily criticized.

Meanwhile, members of CERT, together with cityand county officials, had begun efforts to identify analternative route for the Cypress. This alignmentwould run west of the previous Cypress structurecloser to the Port of Oakland, following SouthernPacific railroad tracks for a portion of the way. Thenew route would still impact a small residential area.However, the majority of West Oakland would bereunited under this plan.

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Debate over the alignment for the reconstruction ofthe Cypress Freeway continued for eighteen months.During this period, Caltrans helped form theCommunity Advisory Committee (CAC), comprisedof West Oakland citizens, and participated in scoresof meetings with the CAC, CERT, the West OaklandCommerce Association, City of Oakland officials,and commuter groups.

The coalition backing a new alignment for thefreeway frequently used the language and symbolismof environmental justice to articulate its positions. Asone frustrated West Oakland resident asked, “Howabout putting the freeway through Blackhawk orDanville? Why is the poor community always havingto pay?” Residents argued that car exhaust fumescontributed to higher incidences of underweightbabies, infant deaths, and acute and chronic diseasesin West Oakland than elsewhere in Alameda County,a claim supported by health officials.

The discussion over the future Cypress freewayalignment was complicated from the start because, atthe outset, Caltrans and the community of WestOakland held very different perspectives on the project.For Caltrans, it was above all a transportation projectof regional importance, necessary to replace anessential link in the East Bay’s freeway network. Forothers, however, particularly CERT and its allies, it was

principally a community revitalization project that hadthe potential to help return West Oakland to its previousgrandeur and address environmental justice concernsof community residents. Although Caltrans neverwavered in its commitment to restoring the Cypress asa regionally significant highway connector, dialoguewith the West Oakland community ultimately sensitizedthe agency to the community’s perspective as well.

NEPA Process. For twelve months following theLoma Prieta earthquake, Caltrans worked toprepare a Draft Environmental Impact Statement(EIS), evaluating numerous alternatives forresponding to the collapse of the CypressFreeway. Six alternatives were identified in theDraft EIS released by Caltrans in November 1990.These included a no-build alternative, twoalternatives that would utilize the existing Cypressright-of-way, and three versions of the railroadcorridor alignment advocated by CERT and theCity of Oakland. The Draft EIS was distributed togovernment officials, local businesses andresidents, and community organizations forreview and comment. In January 1991, Caltransheld open houses at three different Oaklandschools to provide opportunities for public inputabout the alternatives. Also that month, Caltransheld a formal public hearing attended by roughly250 people at one of the same three schools.

Eight months after the official public comment periodfor the Draft EIS ended on February 1, 1991, Caltransreleased the Final EIS for the Cypress FreewayReplacement Project, which identified the selectedalignment for the new freeway. Responding to pressurefrom the City of Oakland and West Oakland citizens,Caltrans selected the Transit/TSM/Freeway Alternativein the Railroad Corridor (see sidebar), whichredirected the freeway along railroad tracks to the westof the community. This alternative added over one mileto the freeway at a cost of more than $500 million forpurchase of the right-of-way alone. However, itrepresented an opportunity to reunite West Oakland, acrucial step in addressing the social and economicproblems of this community.

The collapse of the Cypress Freeway created the opportunity for adialogue over where and how the freeway would be rebuilt.

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Negotiations among Caltrans, the City of Oakland, andWest Oakland community groups over the projectdesign led to a number of additional communitybenefits. First, Caltrans agreed to provide a direct off-ramp from the new freeway to service the Port ofOakland, meaning that heavy transport trucks travelingto and from the Port would no longer traverseresidential neighborhood streets. This interchange,valued at nearly $25 million, was also expected toimprove the Port’s competitive position vis-à-vis otherWest Coast ports and facilitate employmentopportunities for local residents.

In addition, although Caltrans initially proposed toeliminate an existing off-ramp at Market Street,West Oakland businesses and community groupsexpressed concern that this might limit access tolocal businesses. A West Oakland resident andmember of CERT who was also chief ofconstruction for Alameda County prepared adesign to maintain the interchange which waspresented to Caltrans at community meetings.Largely on the basis of this proposal, Caltransagreed to modify and retrofit the existingstructure at Market Street.

NEPA Process: Identifying and Evaluating AlternativesThe National Environmental Policy Act of 1969 (NEPA)sets a vision for how the government should work toincorporate protection and enhancement of theenvironment into its decisions and actions. NEPA wasenacted to ensure that information on the environmentalimpacts of any federally funded action is available topublic officials and citizens before decisions are madeand before actions are taken. Under NEPA, governmentalagencies are required to prepare an EnvironmentalImpact Statement (EIS) for projects where it is knownthat the action will have a significant effect on theenvironment. Agencies must prepare and make availablefor public comment a Draft EIS before preparing the finalversion of the EIS.

In preparing its Draft EIS for the Cypress FreewayReplacement Project, Caltrans identified and evaluatedmany different alternatives for responding to the loss ofcapacity caused by the collapse of the Cypress structure.In developing and screening the alternatives, Caltransconsulted with a range of groups, including jurisdictionalagencies, the business community, environmentalgroups, West Oakland residents, CERT, and major localemployers such as the Port of Oakland, the U.S. Army, theSouthern Pacific Railroad, and the East Bay MunicipalUtility District.

Sixteen alternatives were evaluated and withdrawn fromfurther 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 DraftEIS:

1. No-Build Alternative. Under this alternative, no actionwould be taken. Modifications and operationalimprovements already made to I-980 and I-580 toaccommodate traffic diverted from the Cypress wouldremain in effect.

2. Cypress Corridor Alternative. This alternative wouldconstruct the freeway using the existing Cypress right-of-way, utilizing a cut-and-cover tunnel configurationthrough residential portions of the alignment.

3. Transit/Transportation System Management (TSM)/Freeway Alternative in the Cypress Corridor. Thisalternative would combine a version of Option 2 withtransit improvements and other strategies to reducecongestion.

4. Railroad Corridor Alternative – Partially at Grade.Under this alternative, the freeway would be built westof the existing Cypress structure, utilizing SouthernPacific railroad yards near the Port of Oakland.

5. Railroad Corridor Alternative – Elevated AlignmentOption. This alternative would be an entirely elevatedversion of Option 4.

6. Transit/TSM/Freeway Alternative in the RailroadCorridor. This alternative would combine Options 4 or5 with transit improvements and other strategies toreduce congestion.

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Mitigation and Enhancements. Caltrans initiatedseveral strategies and actions to mitigate the impactsof the demolition of the old Cypress Freeway andconstruction of the new structure on the Oaklandcommunity. Some of these actions includedtemporarily relocating nearby residents and installingdust screens on homes in close proximity to thedemolition site. Caltrans also produced a series oftrucking guides in response to neighborhoodconcerns over increased truck traffic on residentialstreets to and from the Port of Oakland during theconstruction and demolition period. These guidesencouraged truck drivers to use designated routesthrough West Oakland. Caltrans also supplied extra

The new Cypress Freeway alignment ran west of the original structure,avoiding most residential areas of West Oakland.

crossing guards at two local schools to help ensurethe safety of schoolchildren.

Mitigation for residents and businesses in closeproximity to the new freeway included soundbarriers that reduced projected freeway noise levelsto between 62 and 67 decibels. Landscaping in frontof sound barriers, including densely planted trees andshrubs, provided aesthetic visual screening of thefreeway from the neighborhoods. In addition,Caltrans compensated 30 homeowners and 46businesses whose property was located within theright-of-way selected for the new freeway.

Caltrans also made efforts to ensure that Oaklandresidents and businesses benefited from the project.During the demolition phase, Caltrans archaeologistsexcavated sites along the route and uncovered awealth of artifacts dating back to the 1800s. Keyfinds included turn-of-the-century artifacts belongingto African-American railroad porters. Whilefieldwork was in progress, oral history interviewswith former porters were carried out to gatherinformation on how jobs were done and what theymeant to the workers. Caltrans compiled artifacts,historic photographs, and documentation into atraveling exhibit called “Holding the Fort: An Exhibitof African-American Historical Archaeology andLabor History in West Oakland.” The title of theexhibit comes from a song regularly sung by theBrotherhood of Sleeping Car Porters at their WestOakland meetings.

In July 1993, Oakland City Council approved anagreement with Caltrans that outlined Caltrans’responsibility for resolving issues of concern withthe City of Oakland and its citizens during the designand construction of the project. The agreement setgoals for the participation of disadvantaged and localcontractors on the project, along with employmentof local residents, minorities, and women. It alsocalled for the state to spend up to $1.2 milliontraining local residents.

Caltrans worked with the City of Oakland and theOakland Private Industry Council, a local job training

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Benefits to Local and Minority Workers and Contractors

One of the final hurdles to rebuilding the Cypress Freewaywas removed in July 1993 when representatives fromCaltrans and the City of Oakland signed the FreewayPerformance Agreement. A key part of the Agreement wasa provision intended to ensure that local residents andbusinesses would receive a proportionate share of thejobs and contracts generated by the project. Theagreement 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 ofemployment

DBEs are businesses owned by women and minorities.LBEs are businesses located within the City of Oakland.

In February 1994, an Independent Monitoring Team wasestablished to monitor the contracting and employmentgoals set by the terms of the Agreement. The Team,which was funded by Caltrans, issued periodic reportsduring the construction phase of the project and releasedits final report in March 1999.

Tables 1 and 2 taken from the Independent MonitoringTeam’s Close-Out Report indicate that Caltrans met thecontracting and employment goals identified in theFreeway Performance Agreement. However, certaingroups were underrepresented in the project. Forexample, African Americans and women performed just13.7 percent and 6.3 percent of the work hours on theproject, respectively. Perhaps more disturbing, the Reportfound that less than 1 percent of all work hours wereperformed by West Oakland residents. African-Americancontractors were also underrepresented in the project.

The Independent Monitoring Team identified a number of reasons for the underrepresentation of certain groups. Mostimportant, the Freeway Performance Agreement used combined employment and contracting goals. The 45 percentcombined employment goal, for example, could be met without hiring a single Oakland resident if minority and femalepercentages were high enough. The report recommended that separate local workforce goals be specified in anyfuture agreements of this nature.

Table 2. DBE/LBE Project Participation

Total African Hispanic Asian Native FemaleAmerican American

$ % $ % $ % $ % $ % $ %

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

Table 1. Project Workhour Percentages by Ethnicity, Gender, and Residency

Percentage of Workhours

Minority CombinedAll 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%

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provider, to establish the Cypress/Mandela TrainingCenter. The Center’s initial mission was to providelow-income West Oakland residents with the trainingand skills necessary to be included in the freewayreconstruction project. The Center, which is still inoperation, has produced nearly 700 graduatesqualified for positions in carpentry, surveying,electrical, and masonry work that have been placedin construction positions throughout northernCalifornia. The Center’s placement rate is 82percent. Sixty-five of its graduates were employedon the Cypress Freeway Replacement Project.Caltrans provided nearly $500,000 to fund the Centerduring the freeway construction period, and anadditional $1 million for continuation of the programafter the freeway was completed.

In order to keep the community informed aboutopportunities and disruptions associated with theCypress Freeway Replacement Project, Caltransopened a Public Information Office in WestOakland’s historic Glove Building in 1992. Caltransstaffed the office five days a week, responding toquestions from the public and researchinginformation 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, andstatewide groups on a range of topics. Caltrans alsoproduced 29 issues of the quarterly newsletter, theCypress Link, distributed to more than 15,000residents, businesses, community organizations, andpublic officials. The Cypress Link was an importantsource of information, providing constructionupdates, commuter, and contracting information tothe public for the duration of the project.

A Community Divided. Although the new routeselected for the Cypress Freeway no longer bisectedWest Oakland, it did impact a small residential area inthe southwestern portion of the community. Residentsof this area, known locally as “Lower Bottom,” arguedunsuccessfully that the new Cypress structure shouldbe located further west, avoiding residential areasaltogether. Caltrans determined that such an alignmentwould fail to comply with highway constructionstandards because cars would be forced to slow downto unsafe freeway speeds in order to negotiate curves.

In March 1993, a coalition of residents from thisarea of West Oakland filed a 92-page lawsuit in U.S.District Court in San Francisco against Caltrans, theU.S. Department of Transportation, and the FederalHighway Administration. The suit alleged that theproject would expose about 7,000 residents to

An agreement between Caltrans and the City of Oakland set goals forthe employment of local residents, minorities, and women on theCypress reconstruction project.

Caltrans produced a quarterly newsleter, the Cypress Link,to provide the community with information on the project.

excessive noise and high levels of carbon monoxide,ozone, lead and other pollutants, endangering healthand lowering property values. It claimed that theagencies violated environmental and civil rights laws,including the National Environmental Policy Act andTitle VI of the Civil Rights Act, by not fullyconsidering the health and environmental effects ofthe project on low-income and minority residentslocated nearby.

This claim, however, was challenged by othermembers of the West Oakland community. Thefollowing month, representatives from CERT andseveral other West Oakland community organizationsheld a press conference to denounce the lawsuit,insisting that Caltrans worked closely with WestOakland community representatives to determine thealignment of the new freeway.

The suit was ultimately settled when Caltrans agreedto some additional mitigation measures, includingreimbursement costs for an air conditioning systemand soundproofing at a church located near thefreeway, along with additional soundwalls andlandscaping. However, conflict resurfaced severalyears later when a large plume of cancer-causingvinyl chloride was discovered in the path of the newfreeway. Caltrans immediately halted work at the sitewhen the discovery was made in the spring of 1996.During the next several months, Caltrans developed aplan to drive hollow steel pillars into freeway footingsites contaminated by vinyl chloride, and then sealthem above ground with cement. Area residents,however, argued that a full cleanup was necessary.On December 23, 1996, the California Department ofToxic Substances Control (DTSC) issued a rulingapproving Caltrans’ plan. In a controversial move,Caltrans resumed work at the site the following daybefore residents had time to review the DTSC report.

In June 1997 the Chester Street Block Association, acommunity organization active in the area where thevinyl chloride was discovered, filed an administrativecomplaint with the U.S. DOT. The complaint allegedthat Caltrans had violated Title VI of the Civil RightsAct by failing to remediate toxic hazards threatening

the health and safety of minority residents livingadjacent to the site. This conflict remainedunresolved for more than two years. However, theparties reached a settlement in August 1999, whenCaltrans agreed to abide by stringent cleanupstandards in removing contaminated dirt from a parklocated opposite the toxic waste site. The agreementcame after the U.S. representative, state assemblymember, and Oakland city council memberrepresenting the district announced their supportfor the neighborhood’s position.

Restoring the Link. In September 1998, nearlynine years after the massive Loma Prietaearthquake struck the Bay Area, the final sectionsof the Cypress Freeway reopened to traffic. The$1.2 billion price tag for the 5.2-mile stretch ofasphalt and concrete easily made it the mostexpensive strip of highway in California history.

Meanwhile, efforts are underway to transform theold Cypress corridor into an elegant, landscapedboulevard. Caltrans worked with West Oaklandbusiness and community representatives and cityofficials to plan the Mandela Parkway, which willbe lined by nearly 1,000 trees and include 1920s-style street lamps, benches, fountains, bike andwalking trails, and a Welcome-to-Oakland arch.The $13 million cost for developing the greenbelt

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The routing of the new freeway through industrial areas of WestOakland forced Caltrans to address hazardous waste concerns.

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surrounding the boulevard will come from statehighway operations funds.

In 1998, the Mandela Artscape Project wascreated in the Cypress corridor. Theenvironmental art project used recycledconstruction materials and native plants totransform a portion of the former freeway siteinto a sculpture garden. Caltrans donated time andmaterials to the project, which was intended as afirst step toward reweaving West Oakland backinto the fabric of the city.

Indeed, signs of a renaissance in West Oaklandare already visible. Property values along MandelaParkway have experienced sizable increases inrecent years, due in part to the presence belowthe street of what represents the Bay Area’stightest mesh of underground data transmissionlines. Some planners and developers areanticipating this will ultimately draw WestOakland into a technology triangle with Emeryvilleto the north and San Francisco to the west.

Use of Effective EnvironmentalJustice Practices

The Cypress Freeway Replacement Project offers anexample of a transportation agency that worked hardand, for the most part, effectively to address theneeds and concerns of a low-income and minoritycommunity in the planning, design, and constructionof an enormously complex and controversial project.Through the efforts of Caltrans and its partners, a1¼-mile freeway segment that once drove a wedgethrough the heart of West Oakland was rerouted andthe community of West Oakland was physicallyreunited. The project contains examples of some ofthe following effective practices:

• Responsiveness to Community Preferences.In the aftermath of the Loma Prieta earthquakeand the collapse of the Cypress Freeway,Caltrans faced enormous pressure to reconnectwhat represented a key highway link between theSouth Bay and the San Francisco Bay Bridge.Clearly, the least costly and most expedientsolution would have been to reconstruct theCypress using the freeway’s existing right-of-way. Although Caltrans initially explored thispossibility, the agency listened when thecommunity of Oakland argued for an alternativeroute. The result was a more expensive and time-consuming project, but one that takes intoaccount the impact of a major freeway project ona low-income and minority community.

• Highlighting of Neighborhood History andCulture. In addition to selecting a new, lessintrusive alignment for the Cypress Freeway,Caltrans worked with the Oakland community tomitigate the impact of the freeway and freewayconstruction on local residents and to ensure thatthe community benefited in meaningful waysfrom the project. For example, Caltrans excavatedsites along the freeway right-of-way whereartifacts belonging to former African-Americanrailroad porters were uncovered. This materialbecame part of a traveling exhibit on African-

The new Cypress Freeway alignment followed Southern Pacificrailroad tracks.

American labor history in West Oaklandsponsored by Caltrans.

• Provision of Multiple Economic Benefits forthe Community. The new alignment for theCypress Freeway provides several economicbenefits for West Oakland residents andbusinesses. Negotiations among CERT, Caltrans,and the Port of Oakland resulted in a direct off-ramp servicing the Port, which will facilitate Portexpansion and create local job opportunities.Preservation of the Market Street off-ramp, anadditional concession by Caltrans to WestOakland business and community groups, willmaintain accessibility to local businesses.

• Local and Minority Participation inConstruction. Caltrans also undertook steps tofacilitate participation of local and minorityworkers and contractors in the constructionphase of the project. An agreement betweenCaltrans and the City of Oakland identified goalsfor disadvantaged and local business participationin the project, and targets for employment of localresidents, minorities, and women. The final reportof an Independent Monitoring Team hired byCaltrans to monitor compliance with these goalsindicates they were indeed met, even if certaingroups were underrepresented in the project. Inaddition, Caltrans’ financial support for theCypress/Mandela Training Center helped produce

Benefits from Environmental Justice in Decision MakingFor the Community:

• The Cypress Freeway Replacement Project removed aphysical barrier that had divided West Oakland formore than three decades. It reduced noise andemissions levels for thousands of West Oaklandresidents living adjacent to the former structure. Itsets the stage for the economic renewal andrevitalization of West Oakland.

• The new Mandela Parkway, which will be constructedin the Cypress corridor, will physically reconnect thesections of West Oakland formerly divided by theCypress Freeway. This project, with its bike andpedestrian trails and green space, will improve thelivability of West Oakland in addition to serving as animportant local transportation corridor.

• Efforts underway to expand operations at the Port ofOakland will benefit from an interchange along thererouted Cypress Freeway directly servicing the Port.The expansion of the Port is creating living wage jobopportunities for Oakland residents. The interchangealso reduces Port-related truck traffic on WestOakland residential streets.

• Local businesses were awarded over $90 million incontracts during the construction of the CypressFreeway. The project provided employment for morethan 1,000 Oakland residents, although few of these

workers were from West Oakland. A local job trainingprogram funded by Caltrans to provide pre-apprenticetraining in construction continues to place graduatesin construction jobs today.

For Caltrans:

• From the start, Caltrans had a strong interest inrestoring what it perceived as a crucial link in theEast Bay’s freeway network. Not only was thisaccomplished, but the outcome is also far better thanit would have been had environmental justiceprinciples not been incorporated into the planning,design, and construction of the project. The impactsof the Cypress Freeway on the West Oaklandcommunity have been reduced, and plans for theMandela Parkway are generating excitement andenthusiasm in West Oakland, rather than opposition.

• Caltrans gained important insights into the value ofpublic involvement during this project. Its relationshipwith the West Oakland community reinforced theagency’s appreciation of the benefits of partneringwith a sophisticated and resourceful community. Bythe same token, the agency learned thatdecisionmaking processes that fail to satisfy allsegments of the community may well imposeadditional time and costs on a project.

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The Cypress Freeway reconstruction was completed in September1998, reuniting the community of West Oakland.

a program that has outlived the constructionphase of the Cypress Freeway and continues toprovide badly needed training opportunities forOakland residents today.

• Improvement of Community Livability.Caltrans is working with the City of Oakland andOakland community organizations to transformthe old Cypress Freeway corridor into the

Mandela Parkway. The landscaped boulevardpromises to undo much of the damage caused bythe routing of the original Cypress Freewaythrough West Oakland during the 1950s.

Challenges Ahead

Although the reconstruction of the CypressFreeway is now complete, West Oakland will notbe physically reunited until the Mandela Parkwayis finished. Current plans call for a tree-linedboulevard with a trail down the center, parks, andpublic art. This new public space is expected toserve as a pedestrian friendly bridge between thetwo segments of West Oakland formerly separatedby the Cypress Freeway. The City of Oakland,which will assume responsibility for the parkwayonce it is completed, will need to dedicateresources to maintaining park spaces and ensuringpublic safety so that it is perceived by pedestriansand cyclists as a safe and attractive area. In themeantime, Caltrans should work carefully with theCity of Oakland and West Oakland residents andbusinesses to ensure that the project is carried outas planned and that disruptions to the WestOakland community during the construction phaseare minimized to the extent possible.

Without question, the Cypress Freeway played akey role in Oakland’s decline during the pastseveral decades. However, the removal of theCypress from the heart of West Oaklandrepresents a necessary but insufficient conditionfor revitalizing this community. There is still muchwork to be done. Housing and commercial areasof West Oakland are in desperate need ofimprovement. In addition, with the flight ofindustry from the area, too few living wage jobsare available to meet the employment needs oflocal residents. Now that the Cypress has beenremoved, Oakland city officials, businesses, andcommunity organizations will need to worktogether to develop solutions to these problems ifWest Oakland is to achieve its former status as athriving, middle-class community.

Caltrans financed the Cypress/Mandela Training Center to provideOakland residents with skills necessary to participate in the freewayreconstruction project.

Lessons Learned

• Representatives of low-income and minoritycommunities can be resourceful and effectivepartners. All too often, transportation agenciesview “the community” as a collection ofindividuals lacking the knowledge, training, andinfluence to play a substantive role in projectplanning, design, and implementation. In the caseof the Cypress Freeway, such an outlook wouldhave grossly underestimated the capacity of WestOakland community representatives involved withthe Cypress Freeway Replacement Project. CERTin particular played a leading role in developing theplan to reroute the Cypress, and leaders of theorganization met with White House, U.S.Department of Transportation, and Californiaofficials to lobby on behalf of the proposal.Additional recommendations put forth by CERTand other community organizations, such as theinstallation of an interchange servicing the Port ofOakland, helped ensure that the communitybenefited from the project in multiple ways.

• Community representatives andtransportation agencies may have differentgoals for transportation projects. Caltransviewed the Cypress Freeway Replacement Projectprincipally as a transportation project. Forresidents of West Oakland, however, it was aboveall a community revitalization project. Effectiveworking relationships between communities andtransportation authorities do not require each

group to adopt the other’s perspective on aparticular project. What is required, however, is ahealthy appreciation by all project partners of theinterests and concerns of all stakeholders and awillingness to negotiate and build consensus.

• Local hiring goals are achievable througheffective performance agreements. Largeprojects located in low-income and minoritycommunities should provide significantemployment opportunities for local residents.Cities that are genuinely committed to fosteringsuch opportunities would do well to avoidcombined employment goals and instead identifyspecific targets for local participation inagreements with transportation agencies.

• Communities may not always speak with onevoice. The Cypress Freeway Replacement Projectsparked controversy at times, which comes as nosurprise given the enormity and complexity of theproject. While disagreements are inevitable andperhaps even healthy in a project of thismagnitude, the expensive and time-consuminglitigation that Caltrans found itself confronting atvarious times during the course of this projectwas unfortunate. Caltrans made a good faitheffort to involve West Oakland communityrepresentatives in the decisionmaking process. Itsmistake, perhaps, was assuming that themembers of CERT and other organizations that itpartnered with spoke for the entire community ofWest Oakland. Clearly, they did not. In order toavoid a repeat of this situation in future projects,Caltrans and other agencies should make a specialeffort to engage community representatives fromall neighborhoods that are impacted by aparticular project and seek to resolve issues ofconcern through negotiation and compromise.

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“We changed the course of transportation inWest Oakland forever by planning, organizing,

demanding, and shepherding the rerouting ofthe Cypress Freeway ... Never before have so

many benefited from the initiatives of acommunity-based group.”

— Paul CobbCitizens Emergency Relief Team (CERT)

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References

Brett Jackson, “Replacing Oakland’s CypressFreeway.” Public Roads (March/April 1998).

California Department of Health Services. 1993.Alameda County Census Tracts 4018, 4019, 4020,4021, 4022, 4025 combined. The Incidence ofInvasive Cancer, Selected Anatomic Sites, 1987-1993.

Children’s Hospital of Oakland. 1994. Discharges byZip by Age Group (Asthma), 1994 Datis Database.

Caltrans, The Cypress Freeway: The Link is Restored(1999).

Close-Out Report of the Independent MonitoringTeam: Cypress Freeway Replacement Project (March1999).

Federal Highway Administration, Office of InspectorGeneral Audit Report, Review of the Cypress FreewayProject, Oakland, California (September 1998).

Contacts

Stephen WilliamsPublic Affairs OfficerCaltrans1545 Willow St.Oakland, CA 94607tel. (510) 286-7399

Bill WongSenior Transportation EngineerFederal Highway Administration980 9th St., Suite 400Sacramento, CA 95814-2724tel. (916) 498-5042

Dr. William LoveChair, Transportation Committee, Citizens Emergency Relief Team (CERT)Merritt College12500 Campus DriveOakland, CA 94619tel. (510) 531-4911

“The Cypress Replacement Project is more thanthe physical construction of a freeway; it is aprime example of concerned citizens working

together with local government to improve andshape their community.”

— Caltrans(from The Cypress Freeway: The Link is Restored)