Dear Council Members,
I am writing to express my continued support for backyard hens.
I am requesting several actions of you. Please answer my requests in writing. Thank you.
1. I am requesting that Mayor Goh extend the 15 minute limit for the February 3rd 5:15 Council meeting for public comment on the topic of backyard hens. The Backyard Hen Community and our City Council have spent months on this topic, yet in a very short period of time we have gone from an amended ordinance to a rumored closed session vote/discussion to rescind the ordinance without any opportunity for input, questions, comments, or clarification. This topic has generated much attention and it is expected that the courtesy of hearing our concerns, ideas, and solutions be provided. Otherwise, it would be a blatant show of disrespect and an unwillingness to partner with us.
2. I am requesting that the topic of "backyard hen ordinance" be taken off of consent and that the discussion on this important issue be conducted in public on Wednesday, February 3 at the council meeting. I also expect the vote to be public so each Council Member's position is clearly understood and known. The Backyard Hen Community has concerns about the closed session process that took place on Wednesday, January 20th.
3. I am asking the City to lift the temporary suspension on the amended ordinance and allow Bakersfield citizens the legal protection of hen ownership that they have asked for, worked to get, and were granted.
4. If the suspension is not lifted, I am requesting that the City keeps the suspension in place and sets a plan in motion to meet the concerns of the lawsuit while working with the Backyard Hen Community to identify common ground and a doable solution. This is the democratic process. The Backyard Hen Community is willing to compromise on the already amended ordinance and work together for the good of the City. Once that has taken place, in a timely manner, the newly amended ordinance shall be immediately put into effect.
5. If the passed ordinance is rescinded, I request that a plan be articulated to the public regarding how the City will continue to work with the Backyard Hen Community to find an alternative path to amending our current ordinances to allow for R-1 zone backyard hen ownership. It is not acceptable under these circumstances to quickly rescind the passed amended ordinance and dismiss the Backyard Hen Community without transparency or clearly explaining how the Council came to the conclusion to rescind.
6. I am requesting documentation on the procedures and policy of rescinding an ordinance. Provide examples of past practice of how this has been done.
Here are a few of my questions that I request answers to in writing:
1. Has our City Council Members discussed any alternative actions beside defending the passed ordinance or rescinding the ordinance? If so, what alternative possible actions were discussed?
2. If the City does not defend the CEQA lawsuit that challenges the City's recommendation that filed a notice of exemption for CEQA, does this mean that the City will not defend future challenges of CEQA lawsuits? If the City intends to defend future CEQA challenges to their actions and policy, explain why they are not doing so with this ordinance amendment.
3. Are our Council Members aware that numerous other cities in CA have used the CEQA notice of exemption when passing their cities' urban backyard hen ordinances? If so, what was the discussion that took place to come to the conclusion that the exemption is not valid for our amended ordinance? If they have not had this discussion please explain why. This is especially confusing when during a previous Council meeting it was stated that the City believes the exemption is valid.
4. Has the City had discussions regarding their responsibility to environmental concerns as it relates to backyard hens now that it has come to their attention with the lawsuit from an anonymous group? The RS zone which starts at less than twice the size of my R-1 lot has unlimited chickens (roosters and hens). The Backyard Hen Community is now concerned for the environment as we want to be good stewards of our natural resources. We have factual studies that show evidence that backyard hens are beneficial to the environment. We have found this to be true with our own experiences as well. However, if our City is permitting a practice that is potentially damaging to our community and residents, we believe the City has a responsibility to reassure us that the practice is safe and not harmful. If the City has not had these discussions when will they? How will the public be informed of the conclusions of those discussions and possible actions taken? If no action is taken, we expect an explanation on how unlimited chickens on a RS zone family lot that is less than half the size of my R-1 lot is not an environmental concern when 1 to 12 hens on my lot is?
5. Who are the Bakersfield residents that the Council Members are concerned about not being able to or not willing to be responsible with regards to the amended ordinance? The Backyard Hen Community that have attended Council meetings and have made public comments were told by a Council Member, in session, that is also on record of voting no for the amendments to our current ordinance, that he believes they are responsible enough to own hens. I am requesting clarification from the Council Members, Weir, Parlier and Freeman (and possibly Arias and Gray depending on their vote on February 3rd), of who they do not trust or believe are not responsible enough to own backyard hens while following the safeguards and restrictions that have been established and passed. If the Council Members are unwilling or unable to provide clarity on this topic, let it be known that it makes no sense to not allow a community a right to use their property when they have demonstrated that they are capable of doing so. I remind you, only approximately 10 annual complaints that are mostly rooster related are made. In 2012-2013 the Council used a wrong assumption that chicken nuisance reported issue would continue to rise when in fact the Backyard Hen Community has decreased an already low amount to an even lower amount of complaints. Why would this Council not lift the temporary suspension on the amended ordinance that aligns the Bakersfield residents' respectful and responsible practices and beliefs with the law? The Backyard Hen Community would appreciate an explanation that explains why Council Members would make criminals out of people that they say are responsible enough to follow an ordinance.
6. Please provide evidence of your work that looked into the defence of the unwarranted lawsuit. If no evidence is available, why was there no inquiry made to properly investigate the merits of the claim that the notice of exemption to CEQA requirements is not defendable?
I look forward to reading your responses to the Backyard Hen Community's questions and concerns. For the Council Members that have been backyard hen supporters, thank you for your continued support. For the Council Members that have been opposed, I trust that you will be reflective people that take the time to understand a different point of view. The Backyard Hen Community has demonstrated that the practice of hen ownership in an urban setting is safe, reasonable, and that there are established successful ordinances in many communities in California. What we have asked for, worked with the City to get amended, and have been granted, enhances the quality of life experiences for families.
Sincerely,