Although less than what the FBC hoped for from its suit, the settlement terms are an improvement over what Caltrans originally offered. Caltrans agreed to:
1) $2 million for improvements to State Route (SR) 13, the Ashby Avenue and Tunnel Road corridor, including improvements for some intersections and for pedestrian and bicycle travel.
2) $250,000 for a study of the entire SR 24 corridor, from I-580 to I-680. It will consider potential transportation improvements, including High Occupancy Vehicle lanes (HOV) and/or toll lanes, BART and other transit service improvements, current and projected noise levels at the Rockridge BART station platform, and reducing other major impacts of the highway including traffic, noise, and air pollution.
3) fund a barrier along the highway’s edge above FROG Park to protect the park from falling debris and consider expanding the park by including unused Caltrans right-of-way land.
4) minimize night-time lighting impacts by requiring contractors to employ light-shielding measures and respond to complaints within 24 hours
5) monitor 5 sound level meters throughout the entire construction period, post these measurements, and provide a 24-hr. contact phone number and email address for resident complaints
6) contractor will not exceed the baseline Leq noise level by 3dB or the nighttime hourly Lmax at all. Violations will cause immediate shutdown of the equipment.
7) local residents will be notified in advance of blasting, which will not occur from 7pm-7am
8. commit to using low-sulfur diesel for off-road construction equipment.
9) Caltrans also committed to keeping dirt-hauling trucks off local streets and to work with the community to minimize impacts from dirt stockpiling at or near the site.
10) provide an additional $100,000 for FROG Park or bicycle transit improvements or to provide additional support for the SR 24 corridor study.
Last, but certainly not least, were several commitments made, not by Caltrans, but by Senator Steinberg and the Democratic Legislative leadership, that promised up to $2 million for noise and air quality mitigation efforts at Chabot Elementary and Claremont Middle schools.
Steinberg’s office also promised to work with the East Bay Bicycle Coalition (EBBC) and BART to identify State funds for bicycle transit improvements along the corridor.
An unnamed legislator also apparently agreed to carry a bill that could lead to Department of Motor Vehicles (DMV) land along Claremont Avenue being converted to public recreational use once the current building reaches the end of its useful life.