This page contains the results of public records requests to Caltrans, BATA and BCDC.
Caltrans Transportation Art Permit Application
The Caltrans Transportation Art permit application is the starting point for a public art project on Caltrans property.
Transportation Art Permit Application (2022) – This is the Caltrans Transportation Art permit application that would initiate the project. It is filled out by Megan Nagle of the Bay Area Toll Authority (BATA). However, this permit is neither signed nor dated. The permit application states that the applicant must be a city, town, county, or tribe. BATA is none of these and thus would not be qualified to submit the application, even if it were signed.
Transportation Art Permit Application (2023) – This is a second version of the Caltrans Transportation Art permit application. Again, however, the permit application is unsigned and undated.
Project Description – A description of the project.
Illuminate Presentation – A slide show presentation by Illuminate.
Lane Closure Chart – A lane closure chart.
May 20, 2022 – Letter from Caltrans to Illuminate – Extensive list of requirements from Caltrans to Illuminate for the project. Many of these requirements do not appear to have been met.
July 25 , 2022 – Response letter from Illuminate – This response letter contains assurances to Caltrans that the lights are safe, but provides no scientific evidence.
August 19, 2022 – Secondary Email from Illuminate to Caltrans with CHP Comments – This letter contains numerous comments from the CHP with significant concern that the project will cause driver distraction.
December 19, 2022 – Email from Caltrans Landscape Architect to Illuminate – This email requests a summary description of the project proposal and the Evidence of Community and Community Involvement Public Agency Resolution. There is no known evidence that these requirements were met.
September 23, 2024 – Letter from Caltrans to the CHP – This letter acknowledges the CHP’s concerns about the safety aspects of the lights and Caltrans agrees not to activate the inward facing lights until a comprehensive test plan has been approved.
October 18, 2024 – Caltrans Bay Lights 360 Exception Memo – This memo from Caltrans waives the prohibition of kinetic art requirements for the project. There is no provided evidentiary basis for the waiver of this safety requirement. The decision to provide the waiver is arbitrary and capricious.
October 29, 2024 – Caltrans Encroachment Permit – This is the permit that Caltrans issued to “Bay Area Toll Authority C/O: Illuminate the Arts”. It is signed by Surya Montravadi, Caltrans District Permit Engineer with approval by Dina El-Tawansy, Caltrans District Director. The permit is based on a permit application made by the Bay Area Toll Authority (BATA) dated September 13, 2024, but signed by Ben Davis, of Illuminate, under penalty of perjury, as the Authorized Agent. The reason that the permit is issued to BATA C/O Illuminate is that the permit application was signed by Ben Davis and because Illuminate is the entity carrying out the project. This contradicts the August 15, 2023 Notice of Exemption filed by BATA which stated that BATA was the agency carrying out the project.