HomeMy WebLinkAboutRES NO 025-2020RESOLUTION NO 0 2 5- 2 0 2 0
RESOLUTION OF THE CITY COUNCIL APPROVING (1) REVISED CEQA
FINDINGS FOR THE CENTENNIAL CORRIDOR PROJECT; AND (2) THE
REVISED MITIGATION MONITORING AND REPORTING
PROGRAM/ENVIRONMENTAL COMMITMENTS REPORT FOR THE
CENTENNIAL CORRIDOR PROJECT.
WHEREAS, the California Department of Transportation (Caltrans) in
cooperation with the City of Bakersfield proposed construction of the Centennial
Corridor Project as a new east -west highway connecting State Route 58 with the
Westside Parkway; and
WHEREAS, Caltrans prepared an Environmental Impact Report to analyze
the environmental effects resulting from construction and operation of the
Centennial Corridor Project, approving the Final Environmental Impact Report on
December 4, 2015, approving the Project and filing a Notice of Determination
(State Clearinghouse No. 2008091102); and
WHEREAS, on June 21, 2019, the Superior Court of the State of California,
County of Kern (Court), issued an Order and Judgment denying a petition for writ
of mandate challenging Caltrans' approval of the Centennial Corridor Project
pursuant to the California Environmental Quality Act (CEQA), with the exception
of the determination that Caltrans failed to make the findings required by CEQA
Guidelines and adopt a Mitigation Monitoring and Reporting Program with
respect to the Centennial Corridor Project's significant environmental impacts to
biological resources identified in the final EIR; and
WHEREAS, the Environmental Impact Report was not decertified, and the
Court did not require the approvals of the Centennial Corridor Project to be
rescinded; and
WHEREAS, the Court issued a Peremptory Writ of Mandate on July 10, 2019,
in accordance with its Order and Judgment; and
WHEREAS, pursuant to the Court's Writ of Mandate, Caltrans prepared an
Environmental Impact Report Addendum (Addendum) for the Centennial
Corridor Project to document revisions to the Findings of Fact (Findings) for the
Centennial Corridor Final Environmental Impact Report/Environmental Impact
Statement (December 2015) (the "Revised Findings"), and to adopt mitigation
measures to reduce potentially significant environmental impacts to biological
resources as identified in the Centennial Corridor Project's Mitigation Monitoring
�gAKF9
Page 1 of 3 Pages o N
> -n
r
ORIG NALL
and Reporting Program/Environmental Commitments Record (the "Revised
Mitigation Monitoring and Reporting Program"); and
WHEREAS, the City of Bakersfield is a responsible agency regarding the
Centennial Corridor Project; and
WHEREAS, CEQA Guidelines section 15096 requires that the City of
Bakersfield, as a responsible agency for the Centennial Corridor Project, make the
required findings for significant effects of the Project: and
WHEREAS, the City of Bakersfield participated in the preparation of the
Addendum, the Revised Findings, and the Revised Mitigation Monitoring and
Reporting Program; and
WHEREAS, the City of Bakersfield has independently reviewed the
Addendum, Caltrans' Revised Findings, and the Revised Mitigation Monitoring
and Reporting Program; and
WHEREAS, the City of Bakersfield concludes that Caltrans' Addendum,
Revised Findings, and Revised Mitigation Monitoring and Reporting Program
satisfy CEQA's requirements relating to the City's actions as a responsible agency
and complies with the Court's Order and Judgment and the Writ of Mandate.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals and findings, incorporated herein by reference,
are true and correct and constitute the findings of the City Council in this matter.
2. All required notices have been given.
3. The Addendum to the Final Environmental Impact Report, the
Revised CEQA Findings, and the Revised Mitigation Monitoring and Reporting
Program have been received, reviewed, and considered, and the findings and
conclusions contained therein reflect the City's independent judgment and
analysis.
4. The Revised CEQA Findings and the Revised Mitigation Monitoring
and Reporting Program for the Centennial Corridor Project, as contained in Exhibit
A hereto, are hereby approved and adopted.
�•IrZ•�011220
o�0AKF9N
Page 2 of 3 Pages m
r
uORIGNALL
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
Council of the City of Bakersfield at a regular meeting thereof held on
MAR 1 1 ?010 by the following vote:
(YE ') COUNCIL MEMBER RIVERA, GON ALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCIL MEMBER ��9�
ABSTAIN: COUNCIL MEMBER N9lV.i
ABSENT: COUNCIL MEMBER
yl &"4A/
A/
JULIE DRIMAKIS, CMC
CITY CLERK AND EX OFFICIO of the
APPROVED:
MAR 1 1 2010 Council of the City of Bakersfield
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA NNARO
City Attor y
BY
GINIA GENNARO
City Attorney
VG:pd
S:\COUNCIL\Resos\l9-M\Cenlen.iolCarida roje t.Reso.doo
o*`BAK, 9m
Page 3 of 3 Pages r m
I
ORIGNA�
Centennial Corridor Project
City of Bakersfield and Kern County, CA
District 6 - KER - 58 - PM T31.7 to PM R55.6
District 6 - KER - 99 - PM 21.2 to PM 26.2
Project ID # 0600000484
SCH 42008091102
Environmental Impact Report Addendum
Prepared by the
State of California Department of Transportation
January 2020
oFeAKF'1
r
JORIGAALL
EXHIBIT A-1
Centennial Corridor Project Environmental Impact
Report Addendum
Introduction
Pursuant to the California Environmental Quality Act (CEQA) Guidelines and as required by a
court order, the California Department of Transportation (Cahrans) has prepared this Addendum
to document revisions to the Findings of Fact (Findings) for the Centennial Corridor Final
EIRIEIS (FEIR) (December 2015), and to adopt mitigation measures to reduce potentially
significant environmental impacts to biological resources as identified in the Project's Mitigation
Monitoring and Reporting Program (MMRP) (also referred to as the Environmental
Commitments Record (ECR)). This Addendum includes background information, along with a
summary of the impact determination to biological resources, coordination efforts between the
lead agency and resource agencies, and biological mitigation measures to reduce potentially
significant impacts.
Background
Caltrans, in cooperation with the City of Bakersfield, proposed construction of the Centennial
Corridor (Project) as a new east -west transportation corridor for State Route 58. The Project is
located at the southern end of the San Joaquin Valley in the city of Bakersfield in Kern County,
California. Caltrans prepared an EIR to analyze the environmental effects resulting from
construction and operation of the Project. Caltrans approved the FEIR on December 4, 2015, and
filed a Notice of Determination on December 10, 2015. (State Clearinghouse No. 2008091102.)
On January 8, 2016, a petition for writ of mandate was filed in the Superior Court of the State of
California, County of Kenn (Court), challenging Caltrans' approval of the Project on the grounds
that Caltrans had failed to comply with CEQA. On June 21, 2019, the Court issued an Order and
Judgment denying the petition as to all causes of action, with the exception of its determination
that Caltrans failed to make the findings required by CEQA Guidelines section 15091,
subdivision (a), with respect to the Project's significant environmental impacts to biological
resources identified in the final EIR. The Court further determined that Caltrans had not adopted
the mitigation measures proposed in the Final EIR to reduce the Project's significant
environmental impacts to biological resources and had not adopted a mitigation monitoring and
reporting program, as required by CEQA Guidelines Section 15091, subdivision (d), to ensure
that the measures regarding significant impacts to biological resources are both implemented and
fully enforceable. The EIR was not decertified, and the Court did not require the approval of the
Project to be rescinded. The Court issued a Peremptory Writ of Mandate on July 10, 2019, in
accordance with its Order and Judgment. The Court's Order and Judgment and the Writ of
Mandate are provided in Attachment 1.
Purpose of this Addendum
This Addendum satisfies the requirements of CEQA as set forth in the Court's Order and
Judgment and the Writ of Mandate with respect to the Project's potentially significant
environmental impacts to biological resources.
of SAK, 9s
T
m
J LORIGINAL
First, this Addendum incorporates revised Findings as required by CEQA Guidelines Section
15091, subdivision (a), with respect to the Project's significant impacts on biological resources
identified in the FEIR. The revised findings are provided in Attachment 2 to this Addendum.
In addition, this Addendum adopts the mitigation measures proposed in the FEIR to reduce the
Project's significant impacts on biological resources, as required by CEQA Guidelines section
15126.4, subdivision (a)(1). The Addendum further adopts the MMRP/ECR prepared for the
Project as required by CEQA Guidelines Sections 15091, subdivision (d), and 15097,
subdivision (a), to ensure that the mitigation measures identified in the FEIR will be
implemented and fully enforceable. Information conceming the adopted mitigation measures and
the MMRP/ECR is set forth in additional detail below.
Basis for Decision to Prepare an Addendum
The CEQA Guidelines include provisions for preparation and filing of additional environmental
documents once an FEIR has been filed and certified for a project. Guidelines Sections 15162
and 15163 provide for the preparation of a subsequent or supplemental document, respectively,
and Section 15164 permits the filing of an addendum when neither a supplemental nor
subsequent document is warranted. Here, Caltrans' action to revise the Findings and to adopt
mitigation measures and the MMRP/ECR does not necessitate the need to prepare a Subsequent
or Supplemental EIR because the action does not require revisions of the existing certified FEIR
due to new environmental effects or a substantial increase in the severity of previously identified
environmental effects. Specifically, CEQA Guidelines Section 15164, subdivision (a), states:
"The lead agency or responsible agency shall prepare an addendum to a previously certified EIR
if some changes or additions are necessary but none of the conditions described in Section 15162
calling for preparation of a subsequent EIA have occurred."
As stated above, the purpose of this Addendum is to revise the Findings required by CEQA
Guidelines Section 15091, subdivision (a), and to adopt mitigation measures and the MMR."
previously identified in the FOR with regard to biological resources, consistent with the Court's
Order and Judgment and the Writ of Mandate. No additional mitigation measures beyond those
identified in the approved FOR will be incorporated and no changes to the MMRP/ECR are
necessary. There will be no "substantial changes" to the project and no need for "major
revisions" to the FEIR that would require a subsequent or supplemental document under CEQA
Guidelines Sections 15162 or 15163. Additionally, this addendum need not be circulated to the
public for review. CEQA Guidelines Section 15164, subdivision (c), provides: "An addendum
need not be circulated for public review but can be included in or attached to the final EIR or
adopted negative declaration."
Accordingly, pursuant to CEQA, this Addendum is the appropriate documentation by which
Caltrans will comply with the Court's Order and Judgment and the Writ of Mandate, as it will not
alter the content or conclusions of the existing FEIR.
Biological Resources Significance Determination
The CEQA significance determinations for biological resources were made by analyzing the
potential environmental impacts on those resources resulting from construction and operation of
the Project. Caltrans coordinated as required by law with various regulatory and resource
agencies such as the United States Fish and Wildlife Service (USFWS), California Department
of Fish and Wildlife (CDFW), United States Army Corps of Engineers (USAGE), and Regional
Water Quality Control Board (RW QCB), to notify the agencies about the Project and solicit their
input on the Project's potential impacts.
A Natural Environment Study (NES) was prepared in March 2013 (revised April 2015) to
analyze the effects of the Project on biological resources. Results of the NES indicated measures
were required to reduce potentially significant impacts to specified biological resources
including special -status species, habitat, and jurisdictional waters. In addition, a Biological
Assessment (BA) titled Centennial Corridor Project, State Route 99 to Interstate 5 Biological
Assessment, dated March 2013, was completed to support the request for formal consultation
with USFWS on July 16, 2013, which resulted in a Biological Opinion (BO) 08ESMFOO-2013-
F-0373 issued to Caltrans on December 20, 2013. The results of these biological studies and
consultation with various regulatory and resource agencies resulted in the CEQA significance
finding of Less than Significant with mitigation for the CEQA Checklist, IV. Biological
Resources (a) through (c), included as Appendix A to the FEIR, Volume 2, at page 564.
Mitigation measures for biological resources, including those listed in the Biological
Environment section of the FE1R (Section 3.3), were included within the Project's MMRP/ECR,
which was provided in Appendix F of the FEIR beginning at page 825. The Project's permitting
requirements, including those from the Central Valley Flood Protection Board, Central Valley
RWQCB, USACE, and CDFW, included measures to protect fish and wildlife resources, along
with aquatic resources. Avoidance, Minimization, Compensatory, and Reporting Measures, as
listed in these permits, were included in the Project's MMRP/ECR.
o``t3pKF9�
J O
ORIGINAL
Mitigation Measures Adopted
Table I below lists the mitigation measures which will, when implemented, reduce the Project's
impacts to Biological Resources to a level of less than significant. Pursuant to CEQA Guidelines
Section 15126.4, subdivision (a)(l), the mitigation measures listed in Table 1, along with the
corresponding pages from the FEIR referenced in the last column, are hereby adopted for the
Project with respect to the Project's significant environmental impacts to Biological Resources as
part of this Addendum, and are incorporated herein by reference.
Table 1: Mitigation Measures Adopted
Mitigation
Page Numbers in
Measure
Biological Resource
FEIR Volume 1
ID Code
B -I
3.3.2 Wetlands and Other Waters
341-348
3.3.5 Threatened and Endangered Species,
B-3
Special Status Plant Species
353-360
3.3.5 Threatened and Endangered Species,
B-4
San Joaquin Kit Fox
353-367
3.6 Construction Impacts,
C1-17
Wetlands and Other Waters
3.6 Construction Impacts,
CI -18
Western Spadefoot, Western Pond Tuttle, Coast
385-386, 397-398
Homed Lizard, Silvery Legless Lizard
CI
3.6 Construction Impacts,
385-386, 398
-l9
White-tailed Kite
CI
3.6 Construction Impacts,
385-386, 398-399
-20
Burrowing Owl
CI -21
3.6 Construction Impacts,
Loggerhead Shrike and Tricolored Blackbird
385-386, 39900
3.6 Construction Impacts,
385-386, 400
CI -22
Western Mastiff Bat
CI
3.6 Construction Impacts,
385-386, 400-401
-23
Swainson's Hawk
CI
3.6 Construction Impacts,
385-386,401-404
-24
San Joaquin Kit Fox
3.7 Cumulative Impacts,
CUM -1
San Joaquin Kit Fox
404-405,420-423
(Sump Habitat Program)
Additionally, the MMRP/ECR for the Project, provided in Appendix F of the FEIR beginning at
page 825, is adopted pursuant to CEQA Guidelines Section 15091, subdivision (d), and 15097,
subdivision (a), and is incorporated herein by reference.
Determination
The previously approved Findings of Fact for the Project are revised to include and adopt the
following mitigation measures to reduce potentially significant impacts to biological resources as
identified in the FEIR:
• B-1
• B-3
• B-4
• CI -17
• CI -18
• CI -19
• CI -20
• CI -21
• CI -22
• CI -23
• CI -24
• CUM -1
The revised Findings of Fact, which includes the mitigation measures identified above, is
included as Attachment 2 to this Addendum, and is incorporated herein by reference.
� m
r_
JnRIr,:NALL
References
Caltrans, March 2013. Centennial Corridor Project, State Route 99 to Interstate 5 Biological
Assessment.
Caltrans, December 2015. Final Environmental Impact Report/Environmental Impact Statement
and Section 409 Evaluation.
Caltrans, April 2015 (Revised; original March 2013). Natural Environment Study.
NEPA/CEQA RE -VALIDATION FORM
DISTJCOMTE.
01I (35KER-99
PMIPM
SR 58 PM T31.7 to 55.6; SR W PM 21.2 b PM 26.2
EA or FBM1Ald Project No.
0618400
Other Project No. (specify)
Project tO MOWM00484
PROJECT TITLE
Consumer Cordtlor Project
ENVIRONMENTAL
Emirwanental Impact Report(EIRyErwironmental Impact Statement(EIS)
APPROVALTYPE
DATE APPROVED
Decembw2015
Check reason for camuftaccv,
REASON FOR
❑projeclpmcaedirg to next major ladarel approval
CONSULTATION
❑Charge m scope, sarong, effects, mitigation measures, requirements
(23 CFR Ti
❑3yeer timegne (ElS Jy
WA Re -Validation for CECA on
Callmus has revised the Findings of FaclsW the project and adopted the mitigation measures
DESCRFtION OF
M reduce potentially significant enveonmemalknpacfs to biobgicol msoumea as idenfifiedin
CHANGED CONDITIONS
Me Project's Mitigation /dorvionng and Reporting Program (MMRP), also miened M as the
Envlmnmemal Commitments Record (ECR).
NEPA CONCLUSION - VALIDITY
Based an an eaamination of the changed conditions and supporting information: [Check ONEof the three stetements bebw,
regarding the va5d4 of the orgmal abcument/defmmmadon (23 CFR 771.129). B'decument is no tongs, valid indicate whether
additional Pubkc review is warranted and whether the type of environmental document will he elevated)
❑ The original environmental document or CE remains valid. No further documentation will be prepared.
❑ The original environmental document or CE is in need of updating; further documentation has been prepared and
❑ is included on the continuation sheets) or ❑ Is abached. Wath this additional documentation, the original ED
or CE remains valid.
Additional public review is warranted (23 CFR T11.111(h)(3)) Yes ❑ No ❑
❑ The original document or CE is no longer valid.
Additional public review iswarremed(23 CFRTT1.111(h)(3)) Yas❑ No❑
Supplemental environmental document is needed. Yes ❑ No ❑
New environmental document is needed. Yes❑ No[] (If was,"specify type: )
CONCURRENCE WITH NEPA CONCLUSION
I concur Win Me NEPA conclusion above.
Signature: Environmental Branch Chief Dale Signature: Project Marager/DIAE Data
CEQA CONCLUSION: (Only m ndalad lb, projects on the Slate Highway System.)
Based on an idammason of Me changed conditions and supporting information, the following condusion has been reached
regarding appropriate CEQA documentation: (Check ONE 0 the live statements bebw, indicating whether any additional
documentedorr wad be prepared, and Nso, whet kind. If addMonal documentallon is prepared, ahech a copy of this signed tom and
any continuation sheets.)
❑ Onginal document remains valid. Nofurtherdocumentationisnecossary.
® Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ® prepared and is ❑ included on the continuation sheets or ® will W attached. It need
not be circulated for public review. (CEQA Guidelines, §151fM)
❑ Changes are substantial, but only minor addition or changes are necessary to make the previous document
adequate. A Supplemental environmental document will W prepared and b will be circulated for public review.
(CEQA Guidelines, §15163)
❑ Changes are substantial, and major revisions to the current document are necessary. A Subsequent
environmental document will W prepared, and It will be circulated for public review. (CEQA Guidelines, §15162)
(Specify type of subsequent document, e.g., Subsequent FEIR)
❑ The CE is no longer valid. New CE is needed. Yes ❑ No ❑
CONCURRENCE WITH CEQA C.ON�CLUSION
I¢nRhaove
V
am Daur Chef � sgnNinegeA�
QgAK49
ne
Page l of_2_ Revised Ju2016 O M
r m
J
ORIG,NAL
NEPAICEQA RE -VALIDATION FORM
CONTINUATION SHEET(S)
Address only changes or new information since approval Of the original document and only those areas
that are applicable. Use the list below as section headings as they apply to the project change(s). Use
as much or as little space as needed to adequately address the project changes) and the associated
impacts, minimization, avoidance and/or mitigation measures, if any.
e.g., scope change; a new alternative; change in project alignment
Changes In environmental setting, e.g., new development affecting traffic or air
Changes in environmental circumstances, e.g., a new law or regulation; change In the status of a
listed species.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines and as required by a court
order, the California Department of Transportation (Caltrans) has revised the Findings of Fact (Findings)
for the Centennial Corridor Final EIRIEIS (FEIR) (December 2015) and adopted the mitigation measures
to reduce potentially significant environmental impacts to biological resources as identified in the
Project's Mitigation Monitoring and Reporting Program (MMRP), also referred to as the Environmental
Commitments Record (ECR).
The previous Findings approved by Caltrans for the Centennial Corridor Project FEIR (December 2015)
did not include mitigation measures proposed in the Final EIR to reduce the Project's significant
environmental impacts to biological resources and had not adopted a mitigation monitoring and
reporting program, as required by CEQA Guidelines Section 15091, subdivision (d), to ensure that the
measures regarding significant impacts to biological resources are both implemented and fully
enforceable.
The previously approved Findings of Fact for the Project are revised to include and adopt the following
mitigation measures identified in the FEIR to reduce potentially significant impacts to biological
resources: B-1, B-3, B-4, CI -17, CI -18, CI -19, CI -20, CI -21, CI -22, CI -23, CI -24, and CUM -1.
An EIR Addendum has been prepared and attached to this Revalidation Form (Attachment 1) which
includes the revised Findings of Fact and the Environmental Commitments Record that will be adopted
by Caltrans.
Changes to environmental impacts of the project, e.g., a new type of Impact, Or a change in the
magnitude of an existing impact.
WA
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
NIA
Changes to environmental commitments since the environmental document was approved, e.g.,
the addition of new conditions in permits or approvals. When this applies, append a revised
Environmental Commitments Record (ECR) as one of the Continuation Sheets.
Page 2 of _2_ Revised June 2016
Attachment 1
Order and Judgment and Writ
o� �AKF9 n
s
> m
J O
ngipINAL
ELEC"IMY RECEIVED 611812019 3:59 PM
3 Beverly Hills, CA 90211
Telephone: (310) 347-0050
4
Facsimile! (323) 723-3960
5
116
7
8
9
10
11
N
12
� m N
3'n$ 13
2
14
d=r 15
c y`
=mm 16
Um
m 17
18
19
20
21
22
23
24
25
26
27
28
for Petitioner,ZEN
NED CITTS ABOUT CENTENNIAL CORRIDOR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN
CITIZENS ABOUT Case V-16-100041-KCT
CORRIDOR
[IORDER AND JUDGMENT
Petitioner, RANTING IN PART AND DENYING IN
ART. PETITION FOR WRIT OF
VS.
CALIFORNIA DEPARTMENT OF
TRANSPORTATION; and DOES 1-25
Respondent,
CITY OF BAKERSFIELD; and ROES 1 to 10
Real Parties in Interest
[California Environmental Quality Act
("CEQA"), Public Resources Code,
sections 21000 or seq.]
Judge: Hon. Kenneth C. Twisselman D
Dept: 9
This matter came on regularly for hearing on March 1, 2019, at 9:00 a.m. in Department
D-9 of this Court, located at 1415 Tmztan Avenue, Bakersfield, CA 93301. Jamie T. Hall, Esq.
and Julian IC. Quattlebaum, III, Esq. appeared on behalf of Petitioner, Concerned Citizens About
Centennial Corridor ('Tetitioner'�. Judith Carlson, Esq. appeared on behalf of Respondent,
California Department of Transportation ("Caltrans'. Robert Thornton, Esq. and Andrew
Heglund, Esq. appeared on behalf of Real Party in Interest, City of Bakersfield C City'j. For ease
1
FILED
JAMIE T. HALL (Bar No. 240183) KERN COUNTY SUPERIOR COURT
I
JULIAN K QUATTLEBAUM (Bar No. 214378) 06/21/2019
2
CHANNEL LAW GROUP, LLP BY Evans GrOift
8383 Wilshire Blvd., Suite 750 DEPUTY
3 Beverly Hills, CA 90211
Telephone: (310) 347-0050
4
Facsimile! (323) 723-3960
5
116
7
8
9
10
11
N
12
� m N
3'n$ 13
2
14
d=r 15
c y`
=mm 16
Um
m 17
18
19
20
21
22
23
24
25
26
27
28
for Petitioner,ZEN
NED CITTS ABOUT CENTENNIAL CORRIDOR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN
CITIZENS ABOUT Case V-16-100041-KCT
CORRIDOR
[IORDER AND JUDGMENT
Petitioner, RANTING IN PART AND DENYING IN
ART. PETITION FOR WRIT OF
VS.
CALIFORNIA DEPARTMENT OF
TRANSPORTATION; and DOES 1-25
Respondent,
CITY OF BAKERSFIELD; and ROES 1 to 10
Real Parties in Interest
[California Environmental Quality Act
("CEQA"), Public Resources Code,
sections 21000 or seq.]
Judge: Hon. Kenneth C. Twisselman D
Dept: 9
This matter came on regularly for hearing on March 1, 2019, at 9:00 a.m. in Department
D-9 of this Court, located at 1415 Tmztan Avenue, Bakersfield, CA 93301. Jamie T. Hall, Esq.
and Julian IC. Quattlebaum, III, Esq. appeared on behalf of Petitioner, Concerned Citizens About
Centennial Corridor ('Tetitioner'�. Judith Carlson, Esq. appeared on behalf of Respondent,
California Department of Transportation ("Caltrans'. Robert Thornton, Esq. and Andrew
Heglund, Esq. appeared on behalf of Real Party in Interest, City of Bakersfield C City'j. For ease
1
I
of reference the City and Caltrans will be collectively referred to hereinafter as "Respondents."
2
Petitioner's First Amended Petition for Writ of Mandate and Complaint for Declaratory and
3
Injunctive Relief ("Petition's alleged seven causes of action. The Court issued its decision on
4
the Petition at the March 1, 2019, hearing.
5
The Court having reviewed the record of Respondents' administrative proceedings in this
6
matter, the pleadings in this matter, the briefs submitted by counsel, evidence of which the Court
7
has taken judicial notice, and the arguments of counsel, and the matter having been submitted for
8
decision:
9
NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
10
AS TO THE FIRST CAUSE OF ACTION (CEQA)
11,
1. For the reasons stated in the Court's decision of Marsh 1, 2019, the First Cause of
0
y n
12
Action of the Petition is DENIED. Judgment on the First Cause of Action is entered in favor of
u� o
6
13
Respondents and against Petitioner.
m =
14
AS TO THE SECOND CAUSE OF ACTION (CEQA; Inadequate Findings)
c
15
2. For the reasons stated in the Court's decision of March 1, 2019, the Second Cause
r
v
16
of Action of the Petition is GRANTED IN PART AND DENIES) IN PART. Judgment on the'
17
Second Cause of Action is entered in favor of Petitioner.
18
3. Caltrans failed to make the findings required by law pursuant to Public Resources
19
Code Section 15091, subdivision (a), with respect to the Project's significant environmental
20
impacts to Biological Resources.
21
4. Caltrans failed to adopt mitigation measures proposed in the Final EBR to reduce
22
the Project's significant environmental impacts to Biological Resources and to adopt a
23
monitoring program, in accordance with CEQA Guidelines section 15091, subdivision (d), to
24
ensure that the measures regarding significant impacts to Biological Resources are both
25
implemented and fully enforceable.
26
27
28
2
a
I AS TO THE THIRD CAUSE OF ACTION (CEQA; Failure to Recirculate FIR)
2 5. For the reasons stated in the Court's decision of March 1, 2019, the Third Cause
3 of Action of the Petition is DENIED. Judgment on the Third Cause of Action is entered in favor
4 of Respondents and against Petitioner.
5 AS TO THE FOURTH CAUSE OF ACTION (Inadequate Response to Comments)
6 6. For the reasons stated in the Court's decision of March 1, 2019, the Fourth Cause
7 of Action of the Petition is DENIED. Judgment on the Fourth Cause of Action is entered in
8 favor of Respondents and against Petitioner.
9 AS TO THE FIFTH CAUSE OFACTION (Inadequate Project Description)
10 7. For the reasons stated in the Court's decision of March 1, 2019, the Fifth Cause of
11 Action of the Petition is DENIED. Judgment on the Fifth Cause of Action is entered in favor of
12 Respondents and against Petitioner.
13 AS TO THE SIXTH CAUSE OF ACTION (Declaratory Relief)
14 g. For the reasons stated in the Court's decision of March 1, 2019, the Sixth Cause
15 of Action of the Petition is DENIED. Judgment on the Sixth Cause of Action is entered in favor
16 of Respondents and against Petitioner.
17 AS TO THE SEVENTH CAUSE OF ACTION (Injunctive Relief)
18 9. For the reasons stated in the Court's decision of March 1, 2019, the Seventh
19 Cause of Action of the Petition is DENIED. Judgment on the Seventh Cause of Action is entered
20 in favor of Respondents and against Petitioner.
21 _ 10 A peremptory writ of mandate ("Wrif� shall be issued under seal of this
22 Court directing that:
23 (a) Caltrans shall remedy the deficiencies identified in paragraphs 3 and 4
24 above by making the findings required by Public Resources Code Section 15091,
25 subdivision (a), with respect to the Project's significant effects on Biological
26 Resources identified in the Final EIR;
27
28 3
I (b) Caltrans shall adopt mitigation measures proposed in the Final EIR to reduce the
2 Project's significant impacts to Biological Resources and adopt a mitigation
3 monitoring and reporting program in compliance with CEQA Guidelines section
4 15097, subdivision (a) regarding the mitigation measures adopted by Caltrans
5 regarding Project impacts on Biological Resources..
6 (c) Petitioner is awarded its cost of suit, subject to Petitioner filing a timely
7 memorandum of costs and subject to a timely motion to tax costs.
8 11. This Order is limited to that portion of Caltrans' findings found by the
9 Court in its March 1, 2019 decision to be non-compliant with CEQA, and the Court finds that. in
10 accordance with Public Resources Code section 21168.9, subdivision (b), that portion to be
0 11 severable and severance will not prejudice complete and full compliance with CEQA.
m H 12 12. Pursuant to Public Resources Cale Section 21168.9, subdivision (c), this Court
EN < 13 does not direct Respondents to exercise their lawful discretion in any particular way.
m > U
Fn = 14 13. Respondents shall file an initial return to the Writ within 60 days from the date
J�2
c = z 15 the signed Writ is served upon them.
why
`U m I6 14. The Court shall retain jurisdiction over these proceedings in accordance with
m
17 Public Resources Code Section 21168.9, subdivision (b), until it has determined that
18 Respondents have complied with the Writ.
t9 I5. The Court shall retain jurisdiction over these proceedings to determine entitlement
20 to costs and attorneys' fees.
21
22
23 DATE: June -2,I2019
V ✓,
24 Honors Kenneth C. Twisselman 11
Judge of the Superior Court
25
26
27
28 4
WRIT
111 Approved:
19'
20
21
22
23
24
2s
26
27
28
5
Jdnue T.}lall
Attorney for Petitioners
Ih r n
mey for Respondcnt
<,-a4"-
Robert Ilioditon
Attorney for Real Party in Interest
3.
Dated: June 13, 2619
4
S
Approved:
6
7
'ID 14'
Doted:
8
9
18
Approved:
Il
0
13
3m9
14
?x
mta
Is
e>
U A
16
m
17
19'
20
21
22
23
24
2s
26
27
28
5
Jdnue T.}lall
Attorney for Petitioners
Ih r n
mey for Respondcnt
<,-a4"-
Robert Ilioditon
Attorney for Real Party in Interest
1
2
PROOF OF SERVICE
3
STATE OF CALIFORNIA )
ss.
4
COUNTY OF LOS ANGELES )
5
I am employed in the County of Loa Angeles, State of California. I am over the age of 18
6
and not a party to the within action; my business address is 8200 Wilshire Blvd., Suite 300,
Beverly Hills, CA 90211.
7
8
On June 18, 20191 served the foregoing document described as PROPOSED ORDER
GRANTING PETITION FOR WRIT OF MANDATE on the interested parties in this action
9
by placing a true copy thereof enclosed in sealed envelopes addressed as follows:
10
Robert Thornton
11
NOSSAMAN LLP
18101 Von Karmen Avenue, Suite 1800
E N
12
Irvine, CA 92612
$
rthomm
tou@nossaman.co
m
Q
13
Attorneys for Real Party in Interest
14
CITY OFBAKERSFIELD
J
t„ t
CDeputy
13
Andrew Hegltmd
City Attorney
16
City of Bakersfield
m
1600 Truxtun Avenue, 4th Fluor
17
Bakersfield, CA 93301
IS
sheglund@bakersfieldcity.us
Attorneys for Real Party in Interest
19
CITYOFBABERSFIELD
20
California Department of Transportation
21
P.O. Box 1438 (MS -57)
Sacramento, CA 95812-1438
22
Attention: Judith Carlson
judith.csrlson@dotca.gov
23
Attorneys for Respondent
DEPARTMENT OF TRANSPORTATION
24
25
IX) BY MAIL: I placed true copies of the foregoing document in sealed envelopes
addressed as stated on the abovelatmched service list. I placed such envelope, with postage thereon
26
fully prepaid, for collection and mailing at Beverly Hills, California. I am "readily familiar" with
the firm's practice of collection and processing correspondence for mailing. Under that practice
27
the mail would be deposited with the U. S. Postal Service on that same day with postage thereon
29
6
1 fuuy prepaid at Beverly Hills, California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date m postage meter
2 date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of
perjury under the laws of the State of California that the above is true and correct.
3
4 [XI BY ELECTRONIC MAIL: I emailed tme and correct copies to the persons at the
electronic notification address(es) shown on the service list above. The document(s) was/were
5 served electronically and the transmission was reported as complete and without error.
6 Executed on June 18, 2019, in Beverly Hills, 9plifnnia.
7 Jamie T Hall
8 Name Signature
9
10
11
0
12
�.drN
eym
� 13
�9U
14
tea=
dz 15
m
16,
UM
m 17
18
19
20
21
22
23
24
25
26
27
28 7
By Gricetda Evans, Deputy
1/9/2019 3:03 PM i I
I I JAMIE T. HALL (Bar No. 240183)
j JULIAN K. QUATTLEBAUM (Bar No. 214378)
2 CHANNEL LAW GROUP, LLP
8383 Wilshire Blvd., Suite 750
3 Beverly Hills, CA 90211
4 Telephone: (310) 982-1760
Facsimile: (323) 723-3960
sllAttorneys for Petitioner
6CONCERNED CITIZENS ABOUT CENTENNIAL CORRIDOR
i�
7l
ELECTRONICALLY FILED
6/2212019 4:46 PM
Kern County Superior Court
By Gricelda Evans, Deputy
i SUPERIOR CGUR i OF THE STATE OF CALIFORNIA
8
COUNTY OF KERN
9+
IO CONCERNED CITIZENS ABOUT BC9416-100041-KCT
11 I CENTENNIAL CORRIDOR
PERENI TORY R RIT OF MANDATE
I2__..-_-----
Petitioner,
Judge: Hon. Kenneth C. Twisselm, II
VS.
14 CALIFORNIA DEPARTMENT OF Dept.: 9
IS TRANSPORTATION; and DOES 1-25
i5
17 Respondent.
18 CITY OF BAKERSFIELD; and ROES i to 10
15 Real Parties in Interest
261
li
21 (i
22
2"s
24
25
261
27i
I
28 !i
.i ni .mrnRt ri �p !aNu1LL
u o
ORNiNAL
To Respondent CALIFORNIA DEPARTMENT OF TRANSPORTATION:
An order and judgment ("Order") dated June 21, 2019 has been entered in this proceeding
3 ordering that a peremptory writ of mandate issue under seal of this Court.
4 ';'�s,7ic'',?6RR,yna are c rniniurdad.immediataty upon rz: ,e.-ot E'u's Peremptory
Wrh of Mandate (-Wre) as foiluws:
5 a. Caltrans shall remedy the deficiencies identified in paragraphs 3 and 4 of the
7 Order by making the findings required by the California Environmental Quality
Act ("CEQA") Guidelines, 14 California Code of Regulations, section 15091,
subdivision (a), with respect to the Project's significant effects on Biological
i0 Resources identified in the Final EIR.
I - b. Caltrans shall adopt mitigation measures proposed in the Final EIR to reduce the
.2 Project's significant impacts to Biological Resources and adopt a mitigation
monitoring and reporting program in compliance with CEQA Guidelines section
15097, subdivision (a) regarding the mitigation measures adopted by Caltrans
i5 regarding Project impacts on Biological Resources.
g6 c. Under Public Resources Code Section 21168.9 Subdivision (c), this Court does not
17 direct Respondent or Real Party in Interest to exercise their lawful discretion in any
particular way.
3 d. Respondent and Real Party in interest shall file an initial return within 60 days from
20 the date the signed Writ is served upon them.
=1 Under Public Resources Code Section 21168.9(b), this Court will retain jurisdiction over
-'-Z Respondent and Real Party in Interest's proceedings by way of return to this Writ until the
Court has determined that Respondent has complied with the Writ.
JUL 10 TAH HARBER-P1 MNa
24 Dated: 24i—ppb MArshClerk of the Superior Court
log;.
Baa o gy S� By:
29
.8 ��UNTY OFA'
1 11 Approved:
Dated: June 28, 2019
411
b II Approved
7 11 Dated:
8
9
Y6 Approved:
YY
I2 Dated:,Inna9AM19
l4
I8
16
17
18
19
29
21
22
23
24
2s
2<
27
28
Attorney for Petitioner
Judith Carlson
Attorney for Respondent
t
Robert Thornton
Attorney for Real Party in Interest
EM
i
iaPue T.flail -_--
Attomey for Petitioner
3t i¢h Cadsa� �-
P:t:orney for Respondent
�nbert 7'homton
Attofney for Real Party in Interest
Approved:
Dated: June 29, 2019
J
Approved:
y
Dated: _•--'-`----- _
S
Approved:
..
Dated:
EM
i
iaPue T.flail -_--
Attomey for Petitioner
3t i¢h Cadsa� �-
P:t:orney for Respondent
�nbert 7'homton
Attofney for Real Party in Interest
PROOF OF SERVICE
i
2 STATE OF CALIFORNIA )
ss.
3 COUNTY OF LOS ANGELES )
4
t am employed in the County of Los Angeles, State of California. i am over the age of
5 18 and not a party to the within action; my business address is 8383 Wilshire Blvd., Suite 750,
Beverly Hills, CA 90211. On August 22, 20191 served the foregoing document described as
6 PEREMPTORY WRIT OF MANDATE in sealed envelopes addressed as follows:
7 Robert Thomson
8 NOSSAMAN LLP
18 10 1 Von Karmen Avenue, Suite 1800
9 Irvine, CA 92612
rthomton@nossamm.com
10 Attorneys for Real Party in Interest
CITY OF BAKERSFIELD
11
Califomia Department of Transportation
12 P.O. Box 1438 (MS -57)
13 Sacramento, CA 95812-1438
Attention: Judith Carlson
14 indith rarlsnnndot ra onv
15 Attorneys for Respondent
DEPARTMENT OF TRANSPORTATION
16
[X] BY MAIL: I placed we copies of the foregoing document in sealed envelopes
17 addressed as stated on the abovelattached service list. 1 placed such envelope, with postage
thereon fully prepaid, for collection and mailing at Beverly Hills, California. I am "readily
18 familiar" with the firm's practice of collection and processingspondence for mailing. Under that
19 practice the mail would be deposited with the U. S. Postal Service on that same day with
postage thereon fully prepaid at Beverly Hills, California in the ordinary course of business. I am
20 aware that on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in affidavit. i declare
21 under penalty of perjury under the laws of the State of California that theabove is true and
22
2311 1 declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on August 22, 2019, at Beverly Hills, California.
2611 i Jamie T. Hall
2711
2111
o�
Attachment 2
Revised Findings of Fact
CALIFORNIA DEPARTMENT OF TRANSPORTATION FINDINGS FOR
CENTENNIAL CORRIDOR PROJECT
BAKERSFIELD, CALIFORNIA
DISTRICT 6 - KER - 58 - PM T31.7 to PM R65.6
DISTRICT 6 - KER - 99 - PM 21.2 to PM 26.2
(Revisions Adopted on January 27, 2020
are shown in the text in underline.)
The Revised Findings are presented to comply with the State of California
Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of
Regulations, Chapter 3, Section 15901) and the Department of Transportation
and California Transportation Commission Environmental Regulations (Title 21,
California Code of Regulations, Chapter 11, Section 1501). Reference is made to
the Final Environmental Impact Report (FEIR) for the project, which is the basic
source for the information.
The following effects have been identified in the FEIR as resulting from the
project. Effects found not to be significant have not been included.
Visual/Aesthetics
Adverse Environmental Effects
The project will add a major new transportation corridor in the Westpark
community of Bakersfield. Removal of existing residential, commercial, and
industrial structures and construction of elevated structures such as sound walls,
retaining walls and an above -grade freeway will create a significant permanent
change to the visual character and quality of the community and its surroundings
Long-term visual impacts on key viewpoints range from moderately low to
moderately high after project implementation.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts:
Mitigation measures V-1 through V5 have been made conditions of approval and
included in the Environmental Commitments Record. Landscaping and aesthetic
41r 2
treatment of freeway elements (such as bridges) will be implemented to soften
the addition of new transportation corridor infrastructure, reduce visual impacts,
and improve visual appeal to the residential, open space, and commercial areas
along the proposed corridor and its vicinity. These measures are also intended to
reduce the visual impacts of the proposed project for community residents,
commercial employees, recreational users, and motorists traveling along
commercial corridors near the proposed project. These measures include
preserving as many mature trees as possible, implementing a tree replacement
plan and designing infiltration basins to include buffer areas and/or plant screens
to shield the public views where possible. Even with these mitigation measures,
visual impacts would remain significant and unavoidable.
Community Impacts
Adverse Environmental Effects
Construction of the project will result in land use conversion and division of the
existing Westpark neighborhood. The new corridor will segment and isolate
portions of the neighborhood and will alter circulation patterns due to the
changes to the internal roadway network, such as the permanent closure of 11
local streets. In addition to the displacement of 310 residential units, construction
of the proposed corridor will result in increased noise impacts within the
Westpark neighborhood, and will cause disruptions in local neighborhood
access. In addition, these substantial residential and commercial property
acquisitions will cause significant community cohesiveness impacts to the
Westpark community.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts
Mitigation measures C-1 through C-3 would be implemented to reduce impacts to
the Westpark community. The measures include providing an aesthetic design
theme that is compatible with the surrounding neighborhood; preparation of a
relocation analysis as part of the Final Relocation Impact Report by Caltrans, in
coordination with the city of Bakersfield; and, close coordination with the Kern
County Department of Human Services to prepare a special publication for the
residents of the Centennial Corridor project area that will identify the variety of
social service providers available from metropolitan Bakersfield and Kern County
public and private community-based organizations, including local religious
institutions.
41Mm
Standard Conditions SC -CI -1 through SC -C14, SC -R-1, and mitigation measures
R-1 and C-1 through C-3 have been made conditions of approval and are
included in the Environmental Commitments Record. Standard Conditions SC -
CIA through SC-Cl4 would minimize construction impacts on community
impacts by scheduling street closures during nighttime hours; maintaining
business access during business hours; enabling close coordination with
emergency service providers; and implementing access plans for highly sensitive
land uses such as police and fire stations, public facilities, transit stations,
hospitals, and schools.
Standard Condition SC -R-1 would require Caltrans, in coordination with the city
of Bakersfield, to implement all property acquisition and relocation activities in
accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act) of 1970 (Public law 91-646, 84 Stat.
1894). If, however, displaced residents are required to relocate outside of their
immediate neighborhood or sub -community, existing supportive family and
community relationships may be severed for those leaving, as well as for those
remaining behind. Neighbors, friends, and family, often provide emotional
support that cannot be easily replicated. These characteristics of a cohesive
community cannot be completely mitigated and are unavoidable. Mitigation
measure R-1 would help to reduce impacts to businesses and residents by
implementing programs and policies to minimize the relocation effects on
children, minorities, people with special needs, and businesses.
Design refinements have been incorporated into the proposed project to enhance
non -motorized circulation and community cohesion within the general area of the
Preferred Alternative B alignment. Excess right-of-way would be used to
construct a sidewalk/bikeway to connect La Mirada Drive to portions of the
Westpark neighborhood between Joseph Drive, McDonald Way, Stockdale
Highway, and Stine Road. This proposed feature would upgrade bicyclist and
pedestrian access to Centennial Park and other places of interest via La Mirada
Drive.
To address concems made during the public review of the draft environmental
document regarding bicycle and pedestrian connectivity, preliminary design plans
for Altemative B now include a two-way bicycle and pedestrian pathway to run
parallel to the project alignment connecting California Avenue to Commerce
Drive. As part of this change, an approximately 100 -foot -long bridge over the
Carrier Canal would be constructed to accommodate bicycles and pedestrians.
This multi -use pathway and bridge structure enhancement will provide a direct
link to the Kern River Parkway Bike Trail for its users. Incorporation of this
connection into the project design would enhance local non -motorized circulation
because the proposed modification would provide an additional connection
between California Avenue and Commerce Drive.
41n oFgAKF9N
T
1 m
t
u 0
OFI G;NAL
Despite measures required by the Uniform Relocation Act to mitigate for
residential and business displacements and incorporation of design refinements
to enhance community cohesion, no available reasonable mitigation measures
would reduce all community impacts in their entirety. Impacts would remain
significant and unavoidable.
Land Use and Planning
Adverse Environmental Effects
Implementation of the project will not be able to fully meet all the goals outlined in
the Metropolitan Bakersfield 2010 General Plan (2002, update 2007). The
remaining inconsistencies pertain to issues such as minimizing impacts
from truck traffic on noise-sensifive use areas, such as the Westpark
neighborhood, which would also be divided as a result of the project The project
would also allow in -fill development that is incompatible with the character of the
existing surrounding neighborhood.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FOR.
Statement of Facts:
Alternative B, the selected alternative, has been designed to minimize
inconsistencies with state, regional, and local plans and programs to the greatest
extent feasible. Design refinements to avoid or minimize impacts to existing land
uses related both to temporary construction use and/or permanent acquisition of
properties would be incorporated in the final engineering design of the project, to
the extent practical. If the project would result in noise impacts on adjacent land
uses, the impacts would be abated through sound walls, when feasible and
reasonable. Property acquisitions would be provided fair and just compensation
under the Uniform Relocation Act of 1987, as amended. Remaining land parcels
would be reconfigured to restore functional areas and neighborhoods in
accordance with the planning standards set forth by the city of Bakersfield
Planning Department. During final design, efforts would be made to further
minimize construction and permanent impacts to existing and planned land uses.
However, these impacts cannot be fully mitigated; they would remain significant
and unavoidable
Noise
Adverse Environmental Effects
41r 2
With construction of Alternative B, 484 outdoor use areas, such as schools, and
recreational areas, would be impacted by traffic noise. There are 49 frequent
outdoor use areas west of State Route 99 that would have more than a 12 -
decibel noise increase and 21 frequent outdoor use areas along State Route 58
and State Route 99 that would have more than a 5 -decibel noise increase.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts:
A total of 25 sound walls will be constructed to abate traffic noise covering the
entire project corridor as described in Mitigation Measure N-1 of the FEIR. A total
of 10 sound walls would be constructed west of State Route 99: S509, S518,
S530, S519, S529, S536, 5544, S552, 5537, and S555. Sound wall S676 would
be constructed to provide noise abatement along State Route 99. A total of 14
sound walls would be constructed east of State Route 99, along State Route 58:
S194, S106, S45, S68, S71A, S93, S107, S119, 8108, S147, 5144, S165, S164
and S184. Sound walls will range in height from 8 to 16 feet at these 25 locations
for the project, for a total length of 30,696 feet, and would reduce noise levels by
at least 5 decibels.
Future predicted traffic noise levels with the recommended abatement measures
for the Preferred Alternative B would range from 54 to 75 decibels. There would
be 11 affected frequent outdoor use areas for which noise abatement is not
recommended, and 58 frequent outdoor use areas would still be affected even
with the recommended sound walls. Therefore, even with mitigation measures
implemented, traffic noise impacts would remain significant and unavoidable
Biological Resources
Adverse Environmental Effects
airmooz oQgAKF9
r
r
J O
ORIGINAL
Finally, the Project along with other development in the area could result in
cumulative impacts to species and habitat as more fully discussed in FEIR
i1T 2
Findings:
Statement of Facts:
Compliance with Mitigation Measure B-1 provided in FEIR section 3.3 Biological
Environment at Page 348, would minimize impacts to waters.
current protocols accepted by the U.S. Fish and Wildlife Service
u11r 2 OFgAKF9N
T m
r
ORIGNAL
�.krrlw
necessary. See FEIR section 3.6. Construction Impacts, at oases 399-400 for
additional details and information.
VVdh implementation of these mitigation measures impacts to biological
resources would be mitigated to a level of less than significant
T
F-
U
ORIGINAL
Project Name: Centennial Corridor Project
District/County/Route/Postmiles: 06-KER-58 PM T31.7 to 55.6; 06-KER-99 PM 21.2 to PM 26.2
EA: 06418460
EFIS ID: 06-0000-0484
EIR CERTIFICATION
Part I. This is to certify that, in accordance with Section 15090 of the State CEQA Guidelines, the Final
Environmental Impact Report (Final EIR) has been completed in compliance with CEQA and the State
CEQA Guidelines. The Final EIR reflects the Departments independent judgment and analysis.
Env Office Chief: Jennifer Taylor. 3 oZC"�
Print name �gnatur D
Part II. This certifies that I have reviewed and considered the information contained in the Final EIR
prior to approving the project. Findings have been prepared for each of the significant environmental
impact(s) identified in the Final EIR. These findings are attached along with a statement of overriding
considerations (if applicable) supporting approval of the pro. at.
District Director: Sherri Bender Ehlert
(orpers ,iesieeateam Print name Signature D
sib the PrOW RepM)
Rev. March 2018
EXHIBIT A-2
California Department of Transportation Findings for
Centennial Corridor Project
o``0AKF9�
� m
r
J
ORIGNAL
CALIFORNIA DEPARTMENT OF TRANSPORTATION FINDINGS FOR
CENTENNIAL CORRIDOR PROJECT
BAKERSFIELD, CALIFORNIA
DISTRICT 6 - KER - 58 - PM T31.7 to PM R55.6
DISTRICT 6 - KER - 99 - PM 21.2 to PM 26.2
(Revisions Adopted on January 27, 2020
are shown in the text in underline.)
The Revised Findings are presented to comply with the State of California
Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of
Regulations, Chapter 3, Section 15901) and the Department of Transportation
and California Transportation Commission Environmental Regulations (Title 21,
California Code of Regulations, Chapter 11, Section 1501). Reference is made to
the Final Environmental Impact Report (FEIR) for the project, which is the basic
source for the information.
The following effects have been identified in the FEIR as resulting from the
project. Effects found not to be significant have not been included.
Visual/Aesthetics
Adverse Environmental Effects
The project will add a major new transportation corridor in the Westpark
community of Bakersfield. Removal of existing residential, commercial, and
industrial structures and construction of elevated structures such as sound walls,
retaining walls and an above -grade freeway will create a significant permanent
change to the visual character and quality of the community and its surroundings
Long-term visual impacts on key viewpoints range from moderately low to
moderately high after project implementation.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts:
Mitigation measures V-1 through V-5 have been made conditions of approval and
included in the Environmental Commitments Record. Landscaping and aesthetic
4n'1m
treatment of freeway elements (such as bridges) will be implemented to soften
the addition of new transportation corridor infrastructure, reduce visual impacts,
and improve visual appeal to the residential, open space, and commercial areas
along the proposed corridor and its vicinity. These measures are also intended to
reduce the visual impacts of the proposed project for community residents,
commercial employees, recreational users, and motorists traveling along
commercial corridors near the proposed project. These measures include
preserving as many mature trees as possible, implementing a tree replacement
plan and designing infiltration basins to include buffer areas and/or plant screens
to shield the public views where possible. Even with these mitigation measures,
visual impacts would remain significant and unavoidable.
Community Impacts
Adverse Environmental Effects
Construction of the project will result in land use conversion and division of the
existing Westpark neighborhood. The new corridor will segment and isolate
portions of the neighborhood and will alter circulation patterns due to the
changes to the internal roadway network, such as the permanent closure of 11
local streets. In addition to the displacement of 310 residential units, construction
of the proposed corridor will result in increased noise impacts within the
Westpark neighborhood, and will cause disruptions in local neighborhood
access. In addition, these substantial residential and commercial property
acquisitions will cause significant community cohesiveness impacts to the
Westpark community.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts:
Mitigation measures C-1 through C-3 would be implemented to reduce impacts to
the Westpark community. The measures include providing an aesthetic design
theme that is compatible with the surrounding neighborhood; preparation of a
relocation analysis as part of the Final Relocation Impact Report by Caltrans, in
coordination with the city of Bakersfield; and, close coordination with the Kern
County Department of Human Services to prepare a special publication for the
residents of the Centennial Corridor project area that will identify the variety of
social service providers available from metropolitan Bakersfield and Kern County
public and private community-based organizations, including local religious
institutions.
41rrooaz o�gAkF9N
T
Standard Conditions SC -CI -1 through SC -CIA, SC -R-1, and mitigation measures
R-1 and C-1 through C-3 have been made conditions of approval and are
included in the Environmental Commitments Record. Standard Conditions SC -
CI -1 through SC -CIA would minimize construction impacts on community
impacts by scheduling street closures during nighttime hours; maintaining
business access during business hours; enabling close coordination with
emergency service providers; and implementing access plans for highly sensitive
land uses such as police and fire stations, public facilities, transit stations,
hospitals, and schools.
Standard Condition SC -R-1 would require Caltrans, in coordination with the city
of Bakersfield, to implement all property acquisition and relocation activities in
accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act) of 1970 (Public Law 91-646, 84 Stat.
1 B94). If, however, displaced residents are required to relocate outside of their
immediate neighborhood or sub -community, existing supportive family and
community relationships may be severed for those leaving, as well as for those
remaining behind. Neighbors, friends, and family, often provide emotional
support that cannot be easily replicated. These characteristics of a cohesive
community cannot be completely mitigated and are unavoidable. Mitigation
measure R-1 would help to reduce impacts to businesses and residents by
implementing programs and policies to minimize the relocation effects on
children, minorities, people with special needs, and businesses.
Design refinements have been incorporated into the proposed project to enhance
non -motorized circulation and community cohesion within the general area of the
Preferred Alternative B alignment. Excess right-of-way would be used to
construct a sidewalk/bikeway to connect La Mirada Drive to portions of the
Westpark neighborhood between Joseph Drive, McDonald Way, Stockdale
Highway, and Stine Road. This proposed feature would upgrade bicyclist and
pedestrian access to Centennial Park and other places of interest via La Mirada
Drive.
To address concerns made during the public review of the draft environmental
document regarding bicycle and pedestrian connectivity, preliminary design plans
for Alternative B now include a two-way bicycle and pedestrian pathway to run
parallel to the project alignment connecting California Avenue to Commerce
Drive. As part of this change, an approximately 100 -foot -long bridge over the
Carrier Canal would be constructed to accommodate bicycles and pedestrians.
This multi -use pathway and bridge structure enhancement will provide a direct
link to the Kern River Parkway Bike Trail for its users. Incorporation of this
connection into the project design would enhance local non -motorized circulation
because the proposed modification would provide an additional connection
between California Avenue and Commerce Drive.
41r Wx
Despite measures required by the Uniform Relocation Act to mitigate for
residential and business displacements and incorporation of design refinements
to enhance community cohesion, no available reasonable mitigation measures
would reduce all community impacts in their entirety. Impacts would remain
significant and unavoidable.
Land Use and Plannin
Adverse Environmental Effects
Implementation of the project will not be able to fully meet all the goals outlined in
the Metropolitan Bakersfield 2010 General Plan (2002, update 2007). The
remaining inconsistencies pertain to issues such as minimizing impacts
from truck traffic on noise -sensitive use areas, such as the Westpark
neighborhood, which would also be divided as a result of the project. The project
would also allow in -fill development that is incompatible with the character of the
existing surrounding neighborhood.
Findings:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts
Alternative B, the selected alternative, has been designed to minimize
inconsistencies with state, regional, and local plans and programs to the greatest
extent feasible. Design refinements to avoid or minimize impacts to existing land
uses related both to temporary construction use and/or permanent acquisition of
properties would be incorporated in the final engineering design of the project, to
the extent practical. If the project would result in noise impacts on adjacent land
uses, the impacts would be abated through sound walls, when feasible and
reasonable. Property acquisitions would be provided fair and just compensation
under the Uniform Relocation Act of 1987, as amended. Remaining land parcels
would be reconfigured to restore functional areas and neighborhoods in
accordance with the planning standards set forth by the city of Bakersfield
Planning Department. During final design, efforts would be made to further
minimize construction and permanent impacts to existing and planned land uses.
However, these impacts cannot be fully mitigated; they would remain significant
and unavoidable
Noise
Adverse Environmental Effects
airr000z
O1<
r
0
VVith construction of Alternative B, 484 outdoor use areas, such as schools, and
recreational areas, would be impacted by traffic noise. There are 49 frequent
outdoor use areas west of State Route 99 that would have more than a 12 -
decibel noise increase and 21 frequent outdoor use areas along State Route 58
and State Route 99 that would have more than a 5 -decibel noise increase.
Findinas:
Changes or alterations have been required in, or incorporated into, the project,
which avoid or substantially lessen the significant environmental effect as
identified in the FEIR.
Statement of Facts
A total of 25 sound walls will be constructed to abate traffic noise covering the
entire project corridor as described in Mitigation Measure N-1 of the FEIR. A total
of 10 sound walls would be constructed west of State Route 99: S509, S518,
S530, S519, S529, S536, 5544, S552, S537, and S555. Sound wall S676 would
be constructed to provide noise abatement along State Route 99. A total of 14
sound walls would be constructed east of State Route 99, along State Route 58:
S194, S106, S45, S68, S71A, S93, S107, S119, S108, 5147, S144, S165, S164
and S184. Sound walls will range in height from 8 to 16 feet at these 25 locations
for the project, for a total length of 30,696 feet, and would reduce noise levels by
at least 5 decibels.
Future predicted traffic noise levels with the recommended abatement measures
for the Preferred Alternative B would range from 54 to 75 decibels. There would
be 11 affected frequent outdoor use areas for which noise abatement is not
recommended, and 58 frequent outdoor use areas would still be affected even
with the recommended sound walls. Therefore, even with mitigation measures
implemented, traffic noise impacts would remain significant and unavoidable
Biological Resources
Adverse Environmental Effects
41 ro
Finally, the Project along with other development in the area could result in
cumulative impacts to species and habitat as more fully discussed in FEIR
41 2 oFgAKF9
T
r m
J
ORIG;NAL
and its habitat.
Findings:
Statement of Fads:
Compliance with Mitigation Measure B-1 provided in FEIR section 3.3 Biological
Environment at pace 348 would minimize impacts to waters
a1r 2
airro o``0AK4
r m
J
ORIG;NAIQ>
neoessan See FEIR section 3 6 Construction Impacts at pages 399-400 for
additional details and information.
With implementation of these mitigation measures impacts to biological
resources would be mitigated to a level of less than significant
a1rr000z
Project Name: Centennial Corridor Project
District/County/Route/Postmiles: 06-KER-58 PM T31.7 to 55.6 06-KER-99 PM 21.2 to PM 26.2
EA: 06-48460
EFTS ID: 06-0000-0484
EIR CERTIFICATION
Part I. This is to certify that, in accordance with Section 15090 of the State CEQA Guidelines, the Final
Environmental Impact Report (Final EIR) has been completed in compliance with CEQA and the State
CEQA Guidelines. The Final EIR reflects the Departmenrs independent judgment and analysis.
Env Office Chief: _Jennifer Taylor
Print name ,ignatu 4034
Part 11. This certifies that I have reviewed and considered the information contained in the Final EIR
prior to approving the project. Findings have been prepared for each of the significant environmental
impact(s) identified in the Final EIR. These findings are attached along with a statement of overriding
considerations (if applicable) supporting approval of the proj ct.
District Director: Sham Bender Ehlert
sign the ProectReieeto print name Signature p
sign the Protect Rapat)
0AKP
Rev. March 2018 p� 9Nr
u o
ORIGINAL
EXHIBIT A-3
Centennial Corridor Project
Mitigation Monitoring and Reporting
Program/Environmental Commitments Record
o�$NKe9N
T
r
u 0
ORIGINAL
a. a. a �• R �. egg a "��"k � 'O
06
3.a3
o3 wyS'R5 �'a 202'°4 w G j
�y c R ry" off, d�,o. 5av
<03
o
5 �
In
R
�p
-yy
cs
a'
�o
nrg
F
p R
R
a 3
R $
3 5
c` Y
'y $
C
Y
-
P
e
t
gp
%
33 g
3 3d
p4 a�ff 5 gO e:
%%3Y RU �� g s 5$�ag
I5$
wt Fs
$gg°
,g�g$$aaga�§y;■tggg�
1111
•g
o i�3��% �}�§.�
mom;9 t@
aa515
�g§•$'� � ��
g e
!
.
vsf "Jill", Wit
sg
a
1111111 $t
HS,$gS� �
'#B�
�s6
$� y%ga'e
31Yii
rsfiS }g3'i
r$ a t Q t9s
$FH
ug
%r
a
t�CCS71sd•eN
fill
ggg
ts=
Jill
n
€
t
a
gg
o
ggQ
9H3s
s
114
3
F4
3
Y
U
j�
a
g Ilk
as
3
a F
4
�pp
�SS
bQi
i
e
ipre
`2s@
'111911fill
-•(¢$
Baa'�d R9r
If
a€
nA
a 4 d
e4 i(a(a 32d3 ei$gg14
is@• g�a35s$34BgH�9eS%9��5�Rq°�39g3t�
ga'S$�33
3ga§Fiy�9954y4
2
�iF
y
4 s-
54 3e 3isHagg'g_a
S d
a9 3?s
I
g
s�
e Ill Ma
3i
�
His
;s
eap g�3
35®5 3gPS i
g
$ g6$�aeE
111
C §
-2
�tl
�
a
s
a
Rgp3z
$g5
d
a€
lit
s
g
}
�
F
FppF
t[
6'S
Y
3{ nsi�
g i$3t999
a3Y of tg¢
till
2gE9'gg'a��
6g
�Q
'
i
B'2 ""I'll � $g
g���g��gBY§
6%
e
s9a�eg§
�'an 3$3 sa@
k GgG $"' a$ e98
�a $8$�2�-�
$
a ;g
3 E
=g5g5€HIgP sd
89E HIP
8
}
2a5i
2}�_
"
3
O
HIM
M-10
Ifl,
11
�Yall
S€
P
o, gAKF9N
t
0ORIGNAL
ana % s 8g
as
x cls
Igis
ilia
Willi
j9l
�Yzgg
€!L
ge
c
'a
3111
2's Pia
$s
%
g3dY ggd.,
�a �g3
se$e'a$g
ags
$iEna
a$gt
ds
s
n
IF
e
§
$&l a$
a
3
€€
5ga
5g
$}�1
3
'7
g.
ti
E�
r
o, gAKF9N
t
0ORIGNAL
'J}s
@��}89
aa
SBS=g= $$
C
aRRC�l
3ea
Ma it
Mail
� }as�sE3g��4a'ggY
$ vss �s aha_ i$3 �}Fpga€
�6a %asg^ s$a S a
i8
as€Ea gg_e$
t�
YE ;
q ag �+8�d2e ae¢ a_
ggeg@ a 18y111 4411, al -1¢g.
ZZ@q3 gi3 a�i;ai g4 g$a Yg a$Faa
y i^ yds
ssa
Hill
E
$a
=atil
s
7
a
s
�
8
S
lip
SIM
1211111
�
5 =
3
E
gg
g
�g
SF
e
it
CpLY 3
as 11 g� I. .. 8s
IQ$
E$ IRg13$ ..Tg
agE E
$
'S.
§�
#E
#
54.8 "g �_ ti. }se £3 -a
tsuml ill
'g' S$ F
11t
a•
�ji
,
�A�$q:.�.114
ag�gc��°�i��'gia��yg4g��a9[fill
Hit,
e_
44 ¢g
'o
.i`�
gg
6 1_g¢$ � t i
1-9,9
�e
g$€
e
1!11
pal
if I
�
�E
;S
fig
[�
due
En
t
Y
e
�3
111
�$$-i�$a'
ai5y•x; �'4 �y�yg
P
me
gtt++ggC
Ri a$a
d�• [ 4
a $�46 c pPai$
�xi$UtIga�
ggg:-a•za
iaig5ir$:sssa
g;; E g,�
gal a
P 6 $a
js QP
�s $ , III
a
g€P
r
a x y _m SaP aa�•
I' �Ss
as $. a s3
`�s s
g ml I P
�$g`n Bgcy HIM'
a< s 1 a
8
9 HAI
g g
.xai Pay.
63 d �§�e�i��a
y$
4 a
6Y $ �a 59z Y
_§q
ri v5 $5's
S
jy}� 4§�P aaPPe exd
sgg�a6 e¢ 1�3
pp
$ yi 3ga3
�sPs^Ss
P d8 a z�
S �d�^fid fit
O
F`+•°
3aa
€a
i
F
F
Q
$g yg$
q� g5
Sew
aH
1.
ea
Q
pull
d$Eha
3
i
F
o, 9AKF9m
T
e
k
Hifi
8a.$sS
$;9�++��-P
.�lppl
H1111;
.
es?P�oaCg
Zjwjj. d3;iad]]�aad6pg3gS$5CS3�4 fr3i
Y,�•$Q�dE$
$88Ps o ggd S� dPg dS��E`a5e d9g?
$5+
�
E' �� 5R� �3 Y3$
�na!��Ny€�Pvaga
gag�asisg
�7$i�
ga'k$P$$$S�gVi
�S1{1S
gE8s?p
$P$=&
�
gvEs�n
JIM
H'3i
1E$'
1Ie1Sg�&i1�4$
y$�1'kidg
1ezf3aa
;6B
$11.jjR
' ma
$�fr.Euaa
gill!
Pgs�$�aga$s�a
�15Y
$Ba
g6i
MM
Y
1s
. ig$H ggi
HI
aq�'
oi�a
YY8
s3
S
ga
�
9
n
0
0
T
6
j
9
m
y([
A
a
3
3
z
€
m
�a
EE
a
d�
o, 9AKF9m
T
gg gg${a �ggYggg$SgR BaZ� 1Y j$ a4gyac%.S a9�%8 1111s ag ll'a
p89�$Ya♦aL$1$i g3%s gags, 3ga:x" g3$3g.Y€€ifl2- Ss5sF 9� im-
`gig gdai� !8?s�@ yBi 15'
���pa�°'4 °$�Sa ae��Sk� g
iri•
jla�4�lil
$�i�O
ig$e�R
+�a ,y
t Y$# aS $a �a gar9S4ff •6 -i �$ C?$EQ B'a8g i Y giigg11Hji'i�!£d '$3$-y R�88 $$%ga
pj$ $$aya'.`t„e�„§aeg !q? a !&g$
3v iy $T��4ge$g 5��$�a;g8
$ ?
Ef
�
�
4
n
O
$R
n
0
3
A
�a
a
€i
t
e
9
¢¢ ss 3
uI �@ 3B yJ �_�
pgp iid
y
a' i`m�( �b
99 22
AA
� 6 ��• y�F a
igi i 4
y�3{ga�B.ig
�5
yd 8 4i
iia WIN,
E 5e 3 i�{ 38
aA
P e 'd�g$ {3 ;jI
g'd+l �i=��F�i Jim
5;53 �jfl
i$S��'�Ed
i3 Sa}r
e
fl�Ra��`�$��e
&'� YR re5R3e8
�6& $8E
gg
¢
Hil 1IM
Hill
14�g6�e
pQQ 66
[g[g
g 6P 4
�Bi�m
}}
�Bfl6a�i'a Ss 3'4�� Je
g
Ile IV 4
e ga
r $
( s
e i
s a� e$sd
b'
H
m
b'
3
d�
$e
3
�S
3
�E
9�
r
8
e
; ��� ;3 }4�5 �ofr�s' g#qe e�S-s � �grsa q�p a.@ yg � �}� ��a�¢$ge�a#s}�f
���3.pgS5By"im.-3�B
711HMI
99'�
1j!jvj $H j1ii °ig`flffl" $@3 a:'Y!00yys p-}ie g��� a"g�•{��Q$',��•���9°c��i��q�_'�'E$8E 9 �S'a FSS
H q
5•i' yggy i2i yS1qu"n
)4 3 SI Ig
n.`GY 33�q A S3''A35IY�g 6kill og
9 13
°Ed
R
3fl S4 3 ! _� e3ge§a3g sa98s3�R °�.341
i�'.{E 3g
g}gf
55asg T_sA'S agdd}}{C
SaaY$$$a9 ��}o��9 e 2 S� Fg $ 8$dN? 6 iS YT H `3 if` 'gi=In d e fi
a
8
0
$
n
0
C
3
S
Q
O
6
a
tqt�
S
yFL
iS
pp�
o�
e
.LL&
H
ga s■ a a3 i gy E
eg
i ggeiiii i�
_S}j$
,By
I[ifMgg�1
$ ey IR
'asag$-3fi
yyire-,G'$�d 4$
8EP; $�
aI
It
� •�$3
&$g
is 'H1211 $.1ggi
s $S g
I
e1":reI
Bi
#. �g1`.1$R�1g1g,471
I
.$ ca oa
q3 $SH
�3w Fa6a$8$
��
g 5 'a�„ s [1
€ 3=
!T a3as
aa$
€g s� g 1•�g �g
g
n
0
g
0
3
g�
i
B
�pp
�4
o�
9
gYY ii ssgg @{3 3
�Yg91
fff
7 $
a�1 H
g
7 g.. !B
�il,
! `asla4
deg 3
sg
Sg,
H
a
$g�gI$Mza
999!1
8$ ! sa�� "611!
S
HO
P
����
a3 318 g�ilal:s5 ��!^-••8=
!#,��gm
ua
�$'$¢ (
?a9 sg �8 gds
88dgY�gg
'His'
s'
ag8
sl33€�! @3 gf
3z€¢ Isil s !9g ;$3Tl,ga
i
5'aga
!
i!
lea i
€
QiaB lg
v. -afillH
y y
�ggg
..
8
$x
m
S
n
Twill
13
gjj,
3-i'm
�gaQ
f
s
g6
i
9
o`�
¢I H
is
it
21 21111
1
� 1-H
IR
if
4 fit
j
tl g§
➢ 3 4§g$
a$ �
�i .a-
5
$
g �
gig°
i21
i
d
g
3gg p
p�
a%.'
$�q a
4¢fi
EE QQ@a
a a�4
pp
4 s
ff a;@d'
ve
YY
ff$
A
Si
3
gpt
8
3�e
HIM
` O
33$ Y
.-fil:
��8��
$& �
pgHp1
i�g�
qg
S�g�
``q ��
4g�fit
a $
�• �
&¢�Gy �9@
3��q�
aj �g
�gY@e��
9�a�
f$�
994
y(
'�3
�9Z`�g
Y�
p�pf
LS
,m
o
a,
P
o`�
MORIyE",[i
IM
3g##ag
8`$
HIM �'�I�y$s
# $sa
aQg�
4E�{�g°A@g&a giae.4aA
&fig$?.4 J$•6{' "YS'3 a��?�'e°$°
a
6*gq�g#g
9gj
a�E d�gg5
p
�"
2g 98g15g_
11"111
sigi
�S�ggb£��gg�e;:�ia8��a
t
n
0
yy
i19lla
Rill
I
Ill
Ill
Rig
Ee
F�
i
o``gAKF9N
r
0ORIGNAL
iiia S3ES.¢¢
$es1.,bid
s gt
d �ms2q`)ppa§Q
'�'i�
of
I. _ g
a&
S
sgdd'i
i =
Ng�1
vies
ilYze
�i S
i
S3�e
_ i
Flu.
•3
Li'aeF$i
gs
i!#°4Y`Ea°
IONF �.g�fint���
t �e
�S
;
S2S4g
i554y3.
££ ✓�
7ppYj§
;e§>
g
e @
4S`8�j�,3pCfa
33434
iljg883l!
€ :
tu;
.93a
88
dd i
�iss�gjag�j§a8g]$�p
3Sa'Y 3ggn�'f
7 3Y
4 � 3S§
ISU31-21
Ra3
9 �pp
i
i
m
gQ¢i pR
g8 ¢egg°ggg
ii�'
ageegg�
Yi
y7
lFOOP
.1
sggga
�e
fill
�sE (tae2�^IIS�j
1_@@g s
3
BSO p
$ ;
q�@g $$g
is
@6�
ga
i
Eiji
=111
fill
gg
111g
Jill
fill
It
3
3
2
3A
NIP
ff
Ill �11
1�
k��1
€1��I
��
Will
I 1
a
p
t
€i
o``gAKF9N
r
0ORIGNAL
win Q$
116111=& a�6�d�il
H•ti
�af'?g
Yai y9t
IMI9
eg&6s�
X65
't$ii}a a
3 na
€g �9a sags
` a3 gg
Q
$
€ �y$RRg
��a
g34 i� ga
ga i
�Q4�a 3 i
i
i�g9 gad=gy
a•
�" 5
�
i
C
p3
P-
4t�o-jpQ
a fyya=agg:s;3peq$Sf€-8
$j
[S'�.
�p?
ply �'pS�
igE�lia��
y9�¢3Y
3
6 5Si3 s
fitEli
_ s l
i_ 315[
11
t
9
H IM
a
HIM
!,p
li VjIi€�
[
s
�g�
flit
�deY
g$isF6�3
Rill
fill
a}[I
3
__ 1
gill
Y
§533333
g
m
€
E;
$
3
C1
�
y
O3C
Q
i}e Y�iQ
jj
i �i jia
kS
a E 3 g
If
3
ii
a
gg
Alp
•pppy
¢[¢
r
IL
�g
�
��a
#6�3 iL@
3$���p���B
E� � �g �
�• � i•� q��? —5y �N �4Xg37S
Fg}��
e
�i
a�ga
��.
33c
�•i
iIIiiyy$a
ig g8�
SS��S]8� �i'e
SSF��
3 fi P�
$�H �y��Y�$g•Y ��i eBy
s^F
g's
8 3
agie.
is a�y1g
:IPM:g6
•,LEaFs>¢€'g$
$k
g
ssggggg z` s gSgL g a 9
IMP
E
€E
-�5
F
83$$3ka
SUM
gg� g l
$�
3 ¢ $ SgggB•€�g$g6a
a3 F$ Dg6 g0. 444y
5$�gi$
`L@
3�
�5
yg5•j
EiBI€FFi
pg
SiJ35g€3 g
gig
��
�z 3
$ •9��£�gl
�5
g8�
its
���ig
f�$�g$g��
� i3 �
ya•gL�$9T
B
2��6���6
3S%gi
i
qse
•�
lic3g'
:£
a s
gy
3 35ga$ �a$
O
99
}
p
Q¢p
QQ
i
4s
9
Q g<
fl
di
S
g
Lax'
i
3
�
Q
A
ix�
3}3pg
0
A
nr
IMP
}
t�
P
i
o`�gAK16 N
? T
r r
J
oaic:nA°
�Rg
5 Jill
$%
i sg
a'
3v@i
HIM!,
I@}R3�9
�deA
e•
-111
gd-
$II
�gg�
gi e2
ips49
$8
a
iP
dgao
5�$a
@§g
a�•a°•�3 �:
q
33 •$$v9a2
6e3
a°`�
eB�
iC¢C¢d3
{ e
S �eeS
e a L
Q5
81$$
���S�E
a q iigg
H}5%i
°ae
yp
E@
a
3��
$y
3a
'wit
�
i 2g�4�
E3R[k 8p9q
3g.�
�H1$
S�
• 6
5�$
J5'
�4�•
$5 �¢aj(
a 3}�3
R
8
L
s$$
g
SS 3da�d
e
�
Y
€
7
•� 3
��
�§•�
a
C3F
i
s
�
$�g
��.��
a
g$ gg
e
a
a
3
F
o`�gAK16 N
? T
r r
J
oaic:nA°
till
If III?
ill
< 3
E$
$_x e. = i
lilts g s.
e g
g�oi9g 3
's Rna I€e¢
Rg•
' a 3111HIR
a•-
R Rs i§
�•I�
�( as S
i
n��
e a
°p9
%
c•
i
i} $gli
g SQQ aI$ CCa-Ill
sea
S S
MR, la
£$3
�°!a�
9_R.
IE��
r
3}3E
"
FdF HIP
g gsg
e�q3 s gflo
sa
0,014,
F$qj�' ,0114,
�4$
1 a}
i
-in,
y 1
R {fl.ig
AaB3 3 p
33 E
5-3
8
y lag';
His
dgiqg
'
$$
5�5
all,
gggESg�r pf
Qg;C�
$ paII 3
;5'p33g
.=
s
ag-5ai 6
63
3�gge'
66x8
$"
RR
EE a
fl
!!5 88@
444
T
�
gF�i
R
o
a'
Z
n
`R
�L
-------------
0
3� gg
y
m
a
PS
E
O�$AKe T
N
C �
uORIGNALL
igl���S��'ljj8��d3�v�$.!$�Ri�5��•s��
3.8$g. a��� ����8
${d{�&B§$s3§�egSESlalEi
Qa$
%jig
3y
Sl g. 285g99 �5E5AF �ff3
$B$
���aaayS �E$i.SS c�c.�g��
!jig
ii
F
0
lin!
eI
It
e
e'
ig
Q
Y
t$
g
ill;
�
�@Illy
�pp
pF9
9�
O�$AKe T
N
C �
uORIGNALL
�£s 3
HIM
aIR.���g
FF ��s L• '�s eii II ys>
1 R $dj—. 9RC era ss g �2'
3s�igga�ga 5a i3g.12
ya$� y=gg$sge !E
9�3l95 gas` E �. `ile3
Li$34's$�
�a �•!ee
311 $13 8888€e �3�3 .
-yR spa
.e• s$3I
3$-11A 3R g3ea r'dp
A c a 4�4�g s sq -5111 "
�. 93S33gcai +,ja ac3[
�jj R q
a$ag.Hy�3 iit3$'yJ."#p� s6p
33,�,s
@Ys�4 p`p
$ 3sd�
g {3;
adSI
R
'MIR I v
EEE c•S,$a=
1y11slRli
'�y
a ��
$ 5Y3 �c R •fid} }}
•R�j�
3�} a ;e
',
•pVVal
V��
a'
S
•
figR
i
�!
a3
is
i
Q
a
q$ggflNit!
pp
ia
S
(
3i
r
I
I
n�
g
[s
I
I
�n�� 8� Y �� �3•g! �3 m3�Y@g$A SaY $ a �}
Illi e
II��d �
E
;SSS! pp g @ $ gg gy (Tm
7
�E°ii;$Y.�gfl39 �3va$s'�f 4q`$�a
�S
asN
$g
$S Bg(rtP
5$i � S Ping
11 i�I 1. �!
$a
6sy°s
•$SGo
g
� x&$ aSd�.g �5e�sz=a%apx€,5
,��$ gi 8 8 3e d3°d ash $65 ��9'$iE $`gg
.{{}}8 5$ si3 s' aea s j$ s d ¢1§`d111M
fit'
65�
'�
is
t
,
ria$g 3OR iIU .a �$i $ $e- 4 �s jjtOF
g*QsF
##a°��}6
�q
i�$i�ia9Hi
4Ia— i$ 5ifaEp" ,, e5a eggg. q
'g'�$3
3
pa
ag
m
<
j
g
$B
$
3
&i
N
A
g
3B
Huff 1119 :!
g q_
$�e, 51
6p
?
S
A
p�gt
c
�y
�yyy�
Fpp
F
oQgAKF9
r
T
JORIG:NZ
e
E
�i maYs$s 3='=,aIE3$$1a'S
gra
q
aHill f33�l:
ggg$gg
epap'� `§• 6A 3; E$'iea;,s5$s39�+a
�AY� aSi}A= 'pj@g�q qq3dypYaiY �p. 'e9 'a 'if
'F
�gtl
ga¢axyy}}�i2
�
. g�p;$q¢$sg?xQ�gg 8 SS�.pq}v=S eggaa �3�4a �}B38i�B •.a fa$fl[ da&fid 53
&••�~g a o^gg$p !i•S��`d Si@�YY'e s� as ��qq s�3d av �Qa 9p99 3
°$t ��4
� ��Ig �3 ae �'S F ��E.qqg ��e �e s�s•'e$S=&a a eg ¢�$
g$ 3 a $i� gg3SF S�s� s# 3ig3 3�i� $c$ �� ,�•e� €a•R •3�� 6
6a a3gSSga3 IN
§
q� a•g^-33•s '¢ a Sd
{r
O
'
II
A
O
aa
3
n
+�
0
3
fill
a
3s�
�S
a[
oQgAKF9
r
T
JORIG:NZ
e
�
Hgg"il��l�
m.a�d
g§§§•�iiRa
$e��asY�asm$`�agg�3q
R cpF S x 9
ian9g"
$�g5fag
vs
sg'C
$el§°11°Na3
�
liagl}"'}$..g�siY
Hgf
wvhteiYay$}
L
si
I,
6 �gaa2
`
¢¢
gi48 =sae
Isag
pa 33
5
geg$ R3 3d3$ 9s@F§8 $8¢3i'pp as BBQ
��' �i$ �4
9
cga 'i�Yfl ^ 9$g
as' �3 XFy
I a3g µa
ie ¢ § I.M.
111.- �43� a•ia�.f a`
8 Y � �•' ig$e
a Us"i_
e7 es sE gH4
8
Y
L
O
n
0
a
E
3
m
�d
F
F
81
e
gn...gal
��$€�3 $§ga
lz3����
i
iig"a l"11,Xll I'Ga��S$M
3
g L R#3i
Q
64
�
3
n
0
3
Q$
EppE
rE
i
81
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Concerned Citizens About Centennial Corridor vs. California Department of Transportation
Kern County Superior Court Case No. BCV -16-100041
I, the undersigned, say: 1 am, and was at all times herein mentioned, a citizen of the United
States and employed in the County of Sacramento, State of California, over the age of 18 years and not
a party to the within action or proceeding; that my business address is 1120 N Street, Sacramento,
California; that on the date below, I enclosed a true copy of the attached:
JOINT FINAL RETURN TO PEREMPTORY WRIT OF MANDATE BY RESPONDENT AND
REAL PARTY IN INTEREST AND PROPOSED ORDER
Jamie T. Hall
Julian K. Quattlebaum, III
Channel Law Group, LLP
8383 Wilshire Blvd., Suite 750
Beverly Hills, CA 90211
Main Number: (310) 347-0050
JO<a)ChamwlLawGroun.co
Jamie HallOChannelLaWGroup.com
Virginia Gennaro, City Attorney
Andrew Haglund, Deputy City Attorney
City of Bakersfield
1600 Truxtun Avenue, 4th Floor
Bakersfield, California 93301
vitennarokbakersfieldcitv.us
ROBERT D. THORNTON ISBN 72934)
NOSSAMAN LLP
1801 Von Karman Avenue, Suite 1800
Irvine, CA 92612
rthomton(alnossaman.com
Attorney for Citizens Concerned
About Centennial Corridor,
Petitioner
Attorney for City of Bakersfield
Attorneys for Real Party in Interest
City of Bakersfield
® BY ELECTRONIC TRANSMISSION: I transmitted a PDF version of this document by
electronic mail to the parties identified on the above service list using the e-mail addresses
indicated.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and executed at Sacramento, California, on February 6, 2020.
Christine T. Rainville
PROOF OF SERVICE