Update On The Backyard Hen Ordinance ...

Ginny Gennaro is the City's attorney. She can be reached at vgennaro@bakersfieldcity.us . She has made it clear to me that she is willing to listen to, discuss, and inform the public regarding questions you might have on the topic of backyard hens.

You are welcome to continue to communicate with me as well. I will do my best to find out and provide you with accurate information. Here is what I understand to be true at this point:

1. The CEQA lawyer and the city's lawyer will meet sometime in late January to have what is called a settlement conference (no judge at this time). After this meeting the city's lawyer will hear what it is that the CEQA lawyer wants. Then, the city's lawyer will take that information back to our City Council Members. The newly elected Council will have to decide how to proceed.

2. The anonymous group will probably remain anonymous. This is called "standing". Sometimes in cases with CEQA a counter lawsuit will be filed to find out who is behind the initial lawsuit when "standing" is taking place. This is done most times when it is believed that someone or some group outside of the city is behind the lawsuit. In our case, we are pretty clear on who has sued the city. There was a small and known group of individuals that were the voice of the opposition of the amendment to the ordinance. They showed up to the Council meetings and worked with the media to present a negative view of the backyard hen ordinance amendment.

3. If the city moves forward with putting the ordinance into effect during the lawsuit the city is at risk financially if the judge finds in favor of the CEQA challenge. The CEQA challenge does not have to win the entire case; winning even one small piece of it could end up costing the city money. This is why CEQA lawyers take these cases; especially from anonymous groups with no history of environmental advocacy that are clearly willing to do anything to obstruct, delay, and/or change what our City Council has already approved. If the lawsuit goes to court the ruling will not be that backyard hens are illegal. We all know that backyard hens are legal all over California. The lawsuit will be more abut procedural aspects of the amendment to the ordinance. The city filed a wavier to the CEQA requirements based on "common sense". This was part of the public record and readings.

4. Waiting for the court system to set a date and go through its process will take a long time.

5. Going back to the City's Planning and Development Committee to continue to work towards amending the backyard hen ordinance will take some time also, and could still result is some anonymous individuals suing the City on CEQA grounds.

6. Regardless of how the next chapter unfolds of our "reasonable and fair" request, it is important that we have the support of the current elected City Council Members. Their willingness to follow through on the lawful vote and not be "greenmailed" is important. This is why our community of backyard hen supporters need to continue to write and call our Council Members, continue to write in-support-of editorials to the paper, and bring in (recruit/network) new and influential organizations, groups, and lobbyists to help our City make the right choice - which is to provide the citizens of Bakersfield the legal protection to own backyard hens with a City ordinance that provides guidelines and safeguards for our community.

What we are asking for is reasonable and fair. Backyard hens enhance the quality of life experiences for families and neighborhoods.