Hosterman hawk permit denied by Planning Commission

What kind of person would want to keep a wild bird captive? Does the bird have any say in this matter? A jailbird is one thing but a wild bird held captive? NOT!

If a wild animal is injured, then providing the necessary medical care makes sense. Once healed, let it fly off and enjoy the company of other birds and tasty treats!

I am not sure how you can say there are political opponents on the Planning Commission. The mayor voted for all of those who denied the application when she was mayor or a council member. The 3 who voted to deny the application each vote pretty independently and it took a lot of guts to vote against their “boss”.

I am sure the Planning Commission used the term “wild animal” and not “exotic bird”. The key difference is wild vs. domesticated. If you allow some wild animals, do you let them all in residential neighborhoods? Pleasanton does not have a permit or process for a wild animal. Even the mayor, in an email that was placed into the record, said that her hawk is not a fowl. The permit being applied for was a fowl so how could the planning commission approve it? If she applied for a wild animal permit, which the city does not have, this could be a different story. I think the mayor believes that the laws in the city apply to others but not her. No wonder there is such a low trust of elected officials.

Mr. Bill’s point is well taken, except “wild animal” and “exotic bird” are NOT terms that are INTERCHANGEABLE. They describe completely different concepts. In legal proceedings such as a Planning Commission meeting where resolutions with the force of law are voted upon it is necessary that everyone have a complete and clear understanding of terms, conditions, and meanings. Since the PW reports the term “exotic birds”, I suspect the discussion proceeded along the lines of using this term rather than using the term “wild animals”. If they instead meant “wild animals” throughout the discussion but were using the term “exotic birds”, then their vote could well be considered invalid on the basis of being significantly ambiguous and confusing to the participants.

The record of the meeting will stand on its own and writing in this post what the Commission meant to say has no real standing. So, is the PW reporting accurate? What does the record show?

I was at the Zoning meeting to get more information because I read in the Weekly that the person is hunting with the hawk near my residential neighborhood that is located near the entrance gate of Lawrence Livermore. The Weekly two months ago had an article about the hawk escaping into the lab. I am extremely disturbed by this and plan to contact my own elected officials.

I recall that they used the terms ‘wild animals’ because some cities have ordinances pertaining to prohibiting or allowing with some conditions wild animals to be kept in some areas. I don’t remember the word ‘exotic bird’ even being used. The board asked if Pleasanton planners considered a wolf a ‘dog’ or a mountain lion a ‘cat.’ Pleasanton does not allow wild animals to be kept as household pets. And the State definitions of what a wild animal is are defined by the state, not an individual city like Pleasanton.

The discussion of the meeting ignored in the Weekly article is that Hosterman is hunting or trapping bunnies and quail, that she then in her backyard tosses to the hawk live, for the hawk to kill in her backyard. From what I heard, she is apparently hunting and or trapping these in the area either with or without the hawk (it was unclear to me), and though the zoning board asked questions about the exact location, the planner with the city did not know. The city planner (Donna is her name) also after a question from the board, said that Hosterman is buying live quails and perhaps live bunnies locally or from outside the area that she also keeps at her house to feed ‘live’ to the hawk. She also did not know how many animals are kept there at a time.

I am glad my mayor is Mayor Kamena, by the way.

People who own snakes as pets feed them live mice. Lizards get live crickets. So what’s the beef with feeding a hawk live rabbits and quails? Also, are snakes considered “wild animals?” I didn’t know one would need a permit to keep snakes.

I just have one thing to say to the planning commission…… can you puleez focus your energy on something a bit more worthwhile to the community? Like lobbying or voting on bringing a decent grocery store or pizza restaurant to Pleasanton?

Love the Birkenstock comment, btw……

To set the record straight: Jennifer does not feed anthing live to Ariel. The quail and rabbits are kept frozen in the freezer. They are thawed out before they are feed to Ariel. BTW – Dan Carl is an idot. Falconry is legal and licensed by the State of California and the U.S. government. Dogfighting and cockfighting are not. BTW – the hawk needs to hunt in the wild – as Jennifer is teaching it to do – so that it will survive when released. BTW the mortality of a juvenile hawk in California is 80%. They become mature, mate and have offspring in their 3rd year. Right now, Ariel is in her 2nd year. Check the internet if you want the facts on red tailed hawks. Otherwise, just make it up.

Here is an excerpt of a public record e-mail Ms. Hosterman sent to Steve Leeper in August of 2006 from her mayoral e-mail account. It was read aloud by one of the Planning Commissioners in the meeting on Wednesday night. You can get a copy of this e-mail and more like it from Karen Diaz, City Clerk. These e-mails were circulating around Pleasanton last year.

8-30-06 1:20am

“That’s right. A large hawk house in which she can either fly free, or be tethered.

I tossed her big, fat live quail, which instantly rekindled hunting instincts, and she came down on it hard, almost killed it on impact. I let her feed on it for just a short time, then gave her my glove with a previously killed quail with guts exposed, and she immediately left the one she killed for my glove, to sit and feed. Meanwhile, I covered the fresh kill with a towel and removed it from her sight. That’s how you hunt with a hawk, and bag game. So, conceivably, I could bag several rabbits in one outing, with this method, if I keep her from getting too full of food. Of course, at the end of the day, she eats a full meal.”

More available upon request….

The Commissioners who voted “no” on the permit did so on a point of law – not a technicality nor on emotion. Our current municipal code is very clear – you can’t have caged wild animals in a residential R1 neighborhood. You can have pets like dogs, cats, bunnies – and recently “fowl” under certain restrictions. The applicant and the City tried to make the stretch claim that a hawk is a fowl and tried to grandfather the hawk under the “Chicken Ordinance” code. Four of the five Commissioners agreed the a Hawk (raptor, carnivore, trained to hunt and kill animal) is not a Fowl or chicken (poulty, domesticated bird for human consumption) – and thus the die was cast.

The City Attorney present explained it very clearly to the Planning Commissioners – If you think a hawk is a fowl – you can approve the permit. If you don’t agree that a hawk is a fowl, then don’t vote for this conditional use. Thus the die was cast.

The Commissioners did the right thing. It would have been much easier for them personally to ignore our current laws and allow this permit. It was also very hard for them to do as the Applicant is also the Mayor who appointed or re-appointed two of the three that voted it down. Unfortunately – those three may have some difficulty getting re-appointed now and (sadly) we’ll probably lose their objectivity and service to our community in the future.

Section 7.36.010 7.36.040 18.32.040 K are the sections in question.

And – no you aren’t missing something. I am not a lawyer, but I had a lawyer friend who passed the bar explain this to me. Apparently our municipal code is such that the animal type needs to be listed, or it is exluded. So – you can have a household pet or bunnies and certain types/quantities of “fowl” in an R1 zoned neighborhood – providing there are not other rules (PUDs, development agreements, etc) banning animals.

Both the City and the Applicant agreed Ariel was not a pet. You’ve read that in the newsprint stories. So they took the “fowl” route as that is allowed in R1 residential neighborhoods under our current code.

The Applicant indicated Ariel would be shocked to be called a fowl (also an e-mail read in the meeting), but filed a conditional use permit using the “fowl” = “hawk” path in October of 2006.

By the way – the City checked with the State and the Federal Government – even if those entities give a license- the local City zoning laws must still be obeyed. Think about it – if you got a State and Federal license for a mountain lion or a wolf – you would still have to obey the local zoning laws to keep it on your property. This is documented in City Records.

Actually, Stacey – one neighbor did complain in an e-mail to the City. It is in the staff report for this meeting. Get a copy and read the mail on file with the city. They had many concerns.

Also – if you look at State Fish and Game Code – Section 670 b) – Take of Game or Non-Game Birds or Mammals (Exhibit C page 1 of the Staff Report) – “Any person using raptors to take game or nongame birds or mammals shall abide by all laws and regulations related to huning, including but not limited to licenses, seasons, bag limits, and hunting hours” – So – killing a game bird like a quail out of season within city limits might be frowned upon by the City (can’t hunt within city limits) and the State via this section of code.

It is not the same as feeding a snake a rat or a lizzard a cricket. There is state code involved. And there are more on the public e-mails about live quail feedings. If you check with solid organizations like the Lindsey Wildlife Museum, they NEVER use live game (as they believe it is against state law) – they use thawed frozen game from speciality meat supply companies. Even all the Hawking sites I checked out on the internet talk about tidbits – never live game. I think they know it is a no no.

I am delighted to learn that Ariel will eventually be set free! Some folks need to shut up and let the Mayor go about the business of teaching the bird how to survive. Once Ariel is set free, she will fly away and all this fuss will be OVER.

Hey – I think Cholo and Stacey are on to something!

Free Ariel today!

Ariel has been hunting well for over a year. Don’t put another wild raptor in your backyard, Stacey, until you work with the City and get the law changed first to make it legal in Pleasanton like any other citizen would have to do. You’ll save yourself the fee for appeal and City Staff another round of meetings.

For those who want to help a class organization that cares for injured raptors – and houses imprinted or habituated raptors who cannot be released back to the wild due to what humans did to them, consider donating time or money to the Lindsey Wildlife Museum this Holiday season. Maybe Stacey could take her passion for raptors and put it to good use in Walnut Creek – much more socially productive than “blasting” “big fat live” quail in the backyard.

http://www.wildlife-museum.org/give/give.php

Here’s a good one. This Spring (2007) Jennifer’s neighbor had 7 baby mallard ducks in her swimming pool. They had been abandoned by their mother. The neighbor didn’t know what to do. Left alone they would have surely died. Roy Ficken (Pleasanton Animal Control) was called to the scene. He said that they were considered “pests” and that there was nothing he could do. Lindsay Wildlide was called, and they concurred. As a result, Jennifer took the 2 day old ducks and nursed them for the next 6 weeks until they were old enough to release in the wild. Long story short – Lindsay doesn’t and can’t take every injured/abandoned bird. It would be nice if they could. Maybe we need a Lindsey on the Bernal property.

You have to remember that Jennifer is getting her licenses for being a falconer. While it is possible at times a falconer will rescue a hawk instead of just trapping one, the idea of falconry is hunting. It is not rehabilitation of an animal. If her current bird was really a rescue, she would have released it by now as she has already stated that the bird is hunting great now. In fact, when Jennifer first got the bird she told me and others that she had trapped it and there was no mention of any injury. It was not until the newspapers got involved did she change her story to “rescuing an injured bird”. She must be feeling guilty about the sport of falconry and does not want people to think she traps, keeps the bird caged in captivity, and then hunts with it as the real purpose. This is all for pleasure for Jennifer and her hobby of hunting; it has nothing to do with animal rescue.

I agree with the comment above, the Lindsey Wildlife Museum is a great organization to get involved with as well as the local animal rescue. I bet if you talk with either of them about falconry, they would not feel that falconry is “animal rescue”.

Here is the definition of falconry from the Falcon Academy:

“Falconry…

The art of flying trained birds of prey after wild quarry is alive and well in the United States. Imagine the thrill of walking through a field with a falcon “waiting on” flying above your head at 1,000 feet or higher–waiting for you to flush a pheasant you know is there because your well trained pointers have indicated so. The falcon is in the proper position, you flush the game, the falcon turns and begins its head first dive or stoop, your adrenaline is rushing, The next thing you know the falcon hits the pheasant in the air, binds to it, then carries it to the ground where she will patiently await her reward. Picture yourself walking through a field hitting every piece of brush, trying to flush out rabbits. Your Harris Hawk is following you from tree to tree, waiting and anticipating the flushing of game. Suddenly a rabbit breaks from the brush, the hawk quickly takes off, and turns to chase the rabbit in aggressive pursuit. Eventually the rabbit out maneuvers the hawk, he turns in mid-air and returns to your glove for a small reward.

This is Falconry…”

Here is the definition of falconry from wikipedia:

“Falconry or hawking is an art or sport which involves the use of trained raptors (birds of prey) to hunt or pursue game for humans. There are two traditional terms used to describe a person involved in falconry: a falconer flies a falcon; an austringer flies a hawk (accipiter). In modern falconry, buteos are now commonly used, and the words “hawking” and “hawker” have become so much used to mean petty travelling traders, so “falconer” and “falconry” now apply to all use of trained birds of prey to catch game.”

As you can see, the sport of falconry is for the human, it is not for the bird. The bird is being used as live ammunition for the pleasure of the hunter. That is why it is outlawed in some more progressive societies.

Please. . .Wikepedia is about the worse source one could use for definitions! It is not accepted as a source because people can go online and alter the information based on their perceptions not necessarily based on fact. It may or not be a correct definition.IT may be an archaic definition. It certainly does not describe what is happening here. Many licensed falconers are people like Jennifer who are trying to ensure a species. I don’t get this. What does this have to do with anything? It is pretty clear, at least to me, that the law was written without thinking of a hawk. I don’t know why this is even an issue except that it was brought during the last campaign. Couldn’t we see a campaign based on REAL issues, please????? When did we, as a community, become so mean spirited? This is just MEAN.

Francis – I agree with you – Pleasanton has become very mean spirited during Mayor Hosterman’s tenure. It is sad. Maybe the following e-mail can explain where some of that mean spiritedness comes from. It also has another live “quail blast” reference.

Yet another one of those public record e-mails. Please contact City Clerk Karen Diaz if you want an official copy from the City.
———————————————–
August 30, 2006 From Mayor Jennifer Hosterman to Steve Leeper

“Today, in between the craziness of a general plan update, a late workshop tonight, and running for re-election against an absolute idiot who I have to debate tomorrow night, I learned how to cope my bird’s beak – and I helped my MF cope all of his falcons’ beaks.
It was pretty cool! When I got Ariel home, I free lofted her again, and tossed another live quail for her – she blasted this one! She was so excited, I had a difficult time getting her to take the one on my glove, but eventually, I succeeded.

My MF wants her to fully moult out before I start cutting down her weight. So, it could be some weeks, yet, before we’re hunting. In the meantime, she’s doing great!”
————————————————————
By the way – “cutting down her weight” means witholding food from poor, captive Ariel during hunting season so she’ll be a lighter, faster, leaner, more aggressive hunter. That might explain her attempted escape a few years ago when Ariel broke a bone – she probably was just trying to get out and get some food.

If you withhold food from a human in captivity, you violate a bunch of laws and end up on the news if you are caught – it gets called torture. Gitmo detainees at least get fed. But, I guess it is OK to withhold food from a raptor if you are a Hawker. It is one of the fundamental problems many ornithologists and raptor lovers have with this “hobby.”

Also – “coping” means using a dremel tool to sharpen the beak. The poor captive animals can’t get to the natural rocks they use to stay healthly and keep their beaks in shape in the wild, so a human has to use a dremel tool on them. Plus – it keeps her beak extra sharp for hunting.

I wish Ariel was flying free with other raptors on this beautiful day – not held in captivity and probably being “cut down” or “coped” for another hunt….

I don’t get it. A hawk is a fowl? Does it taste like chicken????

Francis,

I just posted the first two items that came up on google when searching for falconry. I invite you to find a definition of falconry that does not include hunting. I also put up the definition from the Falcon Academy. That is an advocacy group for falconry and they say it is all about hunting. If you want more definitions, google has a link to the definition of falconry which ends up at the Britannica Concise Encyclopedia. Here is how Britannica describes fanconry:

“falconry
Sport of employing falcons or other hawks in hunting game. Falconry has been practiced in the Middle East at least since the 8th century BC. It flourished among the privileged classes in Europe in the Middle Ages. It began to die out after the advent of the shotgun and the enclosure of open lands in the 17th century, but there was a renewed interest in the sport beginning in the 1970s; there are many hawking clubs and falconry associations. The bird most commonly used is the peregrine falcon, though the goshawk and sparrow hawk have also been used. Birds are caught wild or raised from birth. Training involves selective use of a leather hood (called a rufter) and leg thongs (jesses) to keep the animal under control while familiarizing it with its new environment. During the hunt the trained bird is released to bring down its prey; it then returns to the hawker or is collected at the kill site.”

I am sure you can search all day and there is no definition of falconry that states this is an animal rescue. It is all about the sport of hunting. Instead of a gun, the hunter uses a captive bird.

Also Francis, I did not realize that Pleasanton has a campaign going on right now. There is a Presidential election going on soon, however. I wonder if Jennifer’s hunting buddy is Dick Cheney? That is the only link I can think of between a campaign now and falconry/hunting.

I believe this is all about definitions. That is what the law is about. Ask any lawyer who passed the bar. Without law we have anarchy. Yes there are those who rescue hawks. Jennifer is not one of them. She is a hunter (falconer) using the bird as her gun. Once this bird is let free, she will get another one and her goal is to become a master falconer so she can have two hawks to hunt with. But this does not matter. Jennifer applied for a permit to allow a fowl in her backyard and said her hawk is a fowl. Even a 5th grader would know to not allow this.

It is a shame that Jennifer took up this sport while she is mayor. After she took the bar exam (the first time) she went to the Caledonian games at the fairgrounds and saw how they were hunting with a hawk and she wanted to take up that sport.

She knew that Pleasanton did not have a wild animal ordinance but thought she could sneak it through. She was caught. So now instead of admitting to her mistake she is wasting the city employee’s time as well as the planning commission’s time. She has asked for hearings 3 or 4 times and then says she is too busy to appear to her own hearing. You would think that if she really cared about her bird, and the law, that she would focus her attention on this and not to keep delaying it. Each time she delayed it, she took the time of a city employee or two as well as the whole planning commission. I hope she does not appeal this item to the city council, take more employee time and the council time, trying to get a wild animal ordinance passed. I would much rather see the General Plan finished and other planning items in the city. City employees cannot finish the General Plan update because they are spending time on this hawk; how selfish of the mayor. Any considerate person would drop the issue and wait till out of office before pursuing it again. Let the bird go free now, it is ready for the wild, and take the sport up again after leaving office. I guess the alternative is for her to raise the bird outside of the city limits.

It would seem unethical of her to ask for an ordinance where the only beneficiary would be her; the mayor. Sounds like abuse of power to me but from what I have read this would not be the first time she has abused her power of office. I am sure if I had this problem that the city council would not move this item to the top of their priority list.

From a neighbor friend, I hear that Jennifer has recently put up a tent in her backyard to make an even larger area for her bird. She did not mention this to the city employees or at least they did not put it into their report of her permit application. Sounds like she will continue to ignore the laws of the city.

The recent posts about freeing Ariel and others are actually laughable. The one poster has fallen into the trap of implicitly supporting the use of the Planning Commission and its powers to promote his/her own personal views on falconry (or maybe choices made within based upon the sex of the bird!) The implicit support results because that’s what this thread is all about, the denial of a permit, not personal views on falconry.

Hey, this story is really about punishing the political opponent of Steve Brozosky, in my opinion, because that’s how it all came about, no? And it worked! Because now the discussion is about why can’t Ariel be set free like a male!!! Along with all sorts of evil mis-deeds about “sneaking” and being “caught”. Shame on Jennifer.

There are people out there laughing as hard as I am about how little it takes to be able to punish political opponents in this city.

The only things being “punished” or “torn apart” here are a beautiful wild raptor being held captive and starved down during hunting season and the live animals being “blasted” and killed for the Mayor’s viewing pleasure in her backyard – appartently for stress relief after tough days being a politician (read above). It looks like one fat, juicy live (out of season) bird blast a day is all the Mayor asks.

It is really hard to find the truth in this “story” – as the story keeps changing whenever the Mayor/Stacey/… is confronted with on the record proof she is, shall we say, streching or shredding the truth a bit when she talks to the local medai or gives a narrative to City Staff about what is going on in her backyard or the local parks.

For example, we’ve all read in the papers and in the thread above how this is all about protecting Ariel and Ariel’s health. Read the following on-the-public record e-mail and think about it:

————————————–

In an e-mail dated 5-7-2006 to another City Council Member, the Mayor wrote:

“My bird – I think she may be sick. You know, I’m not taking her back to the doc – I’m going to work with her, try to keep her as low stress as possible, feed her well, and if she makes it, she makes it – and if she doesn’t, she doesn’t. I suspicion she has Aspirgillosis – a lung infection that I’m not willing to spend thousands to attempt to cure. But, I could be wrong.”

—————————————–

So – Ariel, you’d better stay healthy without that pesky, expensive modern medicine or doctors or your escape/release from captivity will be “talons first” as it were. The Mayor can always go out and trap another wild raptor if you don’t make it or you cost too much to keep healthy.

Nobody in this thread will answer my question about why Ariel can’t be set free today. The male was released at tne end of Novemeber when he wasn’t going to be a good shotgun with wings for the Mayor’s “unique hobby” (or maybe because he refused to blast live quail in the backyard for the Mayor’s viewing pleasure).

I am going out to blast golfballs today – and I hope I see (as I usually do on such a fine day) several red tail hawks or a kite or two flying free in the vineyard hils of Livermore. I bet Ariel would rather be interacting with them vs. being held captive and forced to perform for a human as a “hobby.”

Why can’t Ariel be released today?

MY GRANDSON TOLD ME ABOUT THIS HOME PAGE.
I DON’T KNOW HOW THIS PERSON COULD GET THE EMAILS OF THE MAYOR BUT
IF IT IS TRUE I AM QUITE DISAPPOINTED. I THOUGHT MRS. HOSTERMAN
WAS AN ENVIRONMENTALIST AND WAS ALWAYS PROTECTING OUR ENVIRONMENT
AND ALL THE ANIMALS. IF THESE EMAILS ARE TRUE, I MUST HAVE BEEN MISLEAD
INTO THINKING SHE WAS LOOKING OUT FOR AND PROTECTING OUR ANIMALS. I DO
NOT THINK I CAN LOOK AT HER ANY MORE AND NOT THINK ABOUT HER WRITING
GRUESOME THINGS ABOUT HURTING OUR ANIMALS.

POSTED BY MARY FROM RIDGE VIEW COMMONS.

SOMEBODY NEEDS TO FIX THE SPELLING ON THIS HOME PAGE BECAUSE THE SELECTION FOR MY NEIGHBORHOOD LISTED RIDE VIEW COMMONS AND NOT RIDGE VIEW COMMONS.

If he had educational purposes intended for this bird, why not let her keep it? There are many camps in the bay area (including the one that many 5th graders of Pleasanton go to, and the other one’s in the surrounding areas) that keep birds like this in large houses. The birds at these camps have been injured though, badly enough that they can’t be released back into the wild, and they are used to educated children on wildlife. Even if her bird isn’t injured, she still could have found some use out of it other than keeping it in a large bird house. And how is a hawk exotic? I had a teacher in middle school- back in the mid 90’s and I don’t think he has worked there for some time- but he had exotic animals in his room; a very large boa, exotic snakes, some species of a croc (the small ones that I can’t think of the name. To me, those animals are exotic. I remember a snake getting loose in the room once and it took a few days to find it hiding in behind a bookcase. Out of all the students this teacher had, why hadn’t a parent complained then and contacted the school and city to see if those were exotic?

Kinda sad to that the city focused on this little issue. Pathetic

Wow – now we have politics, the horrible Fascist Goebbels who was responsible for millions of human deaths in WWII and a national political figure in Karl Rove being twisted into this thread about a poor, captive wild raptor blasting quail to death for the Mayor’s “unique hobby” in a Pleasanton back yard. Next we’ll be debating global warming and the Iraq war and how that relates to Ariel.

If it weren’t for the legal, ethical and animal rights issues here, I could LOL.

So – why can’t two simple questions be answered by the Mayor/Frank/Stacey or anybody out there engaged in this thread?

Why can’t Ariel be set free now?

and

Why does the Mayor use one animal to kill another animal and excitedly write about it on the public record?

Oh – and here are several more of those pesky on the public record e-mails – please ask the City Clerk Karen Diaz, the Weekly or the CC times for a copy if you would like to verify (they all have the originals or copies since last year):

—————————————————

On August 28th, 2006 8:44pm Mayor Hosterman wrote to Steve Leeper:

“Today, I tossed her a live bird – she went crazy! She’s almost ready to fly”

—————————————————-

and on September 5th, 2006 Mayor Hosterman wrote regarding Ariel:

“Yes. She will learn to fly overhead at about 300 feet (if I do it right) and my dog and I will flush rabbits for her. When we are successful, I’ll blow a whistle which will alert her to quarry and she’ll fly down and hit it hard, killing it. That is the idea.”

—————————————————–

Doesn’t seem to be about raptor rescue. It seems to be all about the killing again.

Ah, so glad to see another Pleasanton falconer. So, has Dan Carl been harassing you too? No? I wonder why…

It is plain for all to see that the issue here always has been about politics, not falconry. Free Ariel doesn’t really care about the welfare of Ariel.

This discussion gets more humorous as time goes on. I keep checking back for the good laugh it provides.

It is amazing to me how many people are reacting to what other people are saying…neither of which (or whom) were at the meeting. Rather than beat each other up, why not go to the meetings? Have any of you actually read the staff reports or the public record? If not, then how can you possibly be credible in your posts.

Stop wasting electrons…do your research, go to the meetings and post something credible or go back to facebook…

(comment removed by Pleasanton Weekly staff)

Hey Huh – That is a great question!

I am sure the Mayor can explain that to the City Council as she probably already has appealed this denial by the Planning Commision and is on task to waste more City time on her “unique hobby.”

If she honored and obeyed our munipal code, Ariel would have been free a long time ago. The lesson our Mayor wants us to learn from her actions – if you don’t like the Municipal Code – just go violate it. You’ll get a 15 month free pass from the City while you fight it. (What would happen in Pleasanton if the rest of us did that? Anarchy as one poster stated previously).

I see the Weekly Staff is moderating this thread now – great! As the Weekly has copies of all these public record e-mails, they know the record is accurately being quoted. I wonder why they won’t run any of these e-mails in the paper and not just for the few who read this thread?

Here is an educational link on the web:

http://www.georgiafalconryassociation.com/apprenticeship.htm

Here is the text from the link:
—————————————————-
The following is a code of ethics that the California Hawking Club has adopted. It’s voluntary and we can’t force anyone to follow it, but we feel that it’s a good basic set of ethics to follow.

FALCONER’S CODE OF ETHICS

Adopted by the CHC’s Board of Directors on August 22, 1999

1. First and foremost, I follow the laws regarding falconry.

2. I do not keep raptors unless I fly them free during the hunting season.

3. If I no longer intend to fly a bird I will transfer my bird to another code-following falconer, or I will release the bird only if it is actively proving itself in the field.

4. I do not draw undue attention to my birds.

5. I keep my birds, mews, and equipment in top condition.

6. I do everything in my power to recover a lost bird, and to bring a sick raptor back to health.

7. If I am training an “apprentice” falconer, I will only advance them to “general” falconer if they follow the code.

—————————————————-
Question – How many California Hawking Club Code of Ethics violations can you count in this situation and in the public record e-mails above? It looks like Mayor honors her own club’s ethics laws about as well as our municipal law or state laws – laws she swore to uphold when she took her oaths of office.

PS – can’t find another Federally licensed hawker in p-town zip codes. Is someone practicing without a license out there? How does that jive with CHC Code of Ethics Item #1?

“Burt” got let free by the Mayor in the 2005 Holiday season? Why can’t Ariel be set free? If it was OK then, why not now?

Our buddy who keeps pumping the free-the-bird theme does have a limited understanding of historical figures and their role in shaping history. Goebbels was the propaganda minister who refined the art of the “big lie” and its repetitive use using modern media to manipulate the minds of the public. He understood that the bigger the lie, the more likely it is believed. The more it is repeated, the more it becomes accepted as a truth by the public (remember SH has WMDs?). Rove is, of course, a very recent figure who clearly has taken political manipulation of people’s thinking to a new level (a low, for that matter).

Now a lot of people in Pleasanton are reading this thread because it has become so entertaining, and laughing with each new posting, because as I wrote earlier, the subject and the free-the-bird thing is so laughable. Of all of the substantive issues going on in Pleasanton, everyone knows this subject doesn’t make the cut.

It does, however, shine a light on the political nastiness that has arisen in this town. Especially when the former political controversy over the mayor’s emails now plays such a prominent role in this free-the-bird nonsense. Who but the mayor’s enemies are so familiar with their content and who have the package to shop over for quotation in these posts?

The only open question is who is this free-the-bird operative that has consumed hundreds of lines of postings in this thread but continues to hide behind the anonymity the PW has set up for their posts. Of course, nearly universally we only use our first names in these postings because we see how easily things can become personal. And no one wants the grief simply because they write their opinion.

However, there is no traceability, so anyone can say anything and not be responsible. The PW staff seems to want to keep it this way, perhaps because it leads to greater entertainment and therefore more readers. However, many sites have always required registration with true identities before you can post, even though the posters may use aliases so their true identity is masked when posting. But since there is traceability, the complete fakes stay away because they know they can be outed. This keeps a higher level of honest behavior, which I believe is not being practiced in this particular thread.

If there were traceability in these posts, perhaps more of us would be willing to use our full names and not fear attack from anonymous political operatives.

Iwastheretoo,

Yea the staff report. I posted the link earlier. It was funny to read. Allow me to take a page from Free Ariel’s playbook (or is that Karl Rove’s?) and post quotes from the staff report here out of context:
==============================
Many raptors are found around us in our Pleasanton neighborhoods, perched in trees or soaring above. Staff researched to determine if there have been hawk attacks locally towards domestic animals. None were found.

Oppose:
Dan Carl contacted the commissioners via e-mail to voice his concerns regarding the applicant’s request. Mr. Carl stated that he hoped that the Commissioners would not “entertain” modifying the Municipal Code to classify “trained to kill raptors” or other wild animals as pets like dogs, cats, or chickens. He continued by saying that there is an element of “hunting within City limits” as the training and feeding of the hawk requires a diet of quail, doves, bunnies, ducks, and the like, which he feels raises additional Municipal Code questions. Mr. Carl hopes that the use permit would not be approved because residents in the area should be able to presume that their small pets and children are safe from any potential harm that a “wild animal” poses. He continued by saying that this could open “Pandora’s Box” by allowing exotic or dangerous wild animals in all residential neighborhoods in Pleasanton. Mr. Carl stated that it would like preferential treatment is being given to a local official if the application was approved given that it is located in a residential area.

Support:
… contacted staff via e-mail stating that he was irritated at the
amount of time and energy that the City employees are having to spend on an issue that, he felt, was generated by someone with a political grudge. He feels that the applicant did not violate any existing code or statute because none exist that apply to her situation…. feels that the applicant was forced to apply for a permit just to placate a critic with a personal compliant. He continued by saying that phrasing “trained to kill” and “vivisection of” business is incorrect and exaggerated for effect. … feels that raptors are trained to respond to commands, kill naturally, and eat their prey to survive. He believes that the applicants efforts to help an injured bird and release the bird back into the wild is more of a public service than a threat to society.

Staff comment:
Staff believes that the keeping of the hawk, as conditioned, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The applicant has received all applicable permits from State and/or Federal agencies and would be required to receive all appropriate City permits.

===========================

Yikes! Quite a bit of activity on this topic.

I wanted to reply to Chelsea who posted many, many posts ago. She had a good comment,
“I just have one thing to say to the planning commission…… can you puleez focus your energy on something a bit more worthwhile to the community?”

Chelsea, what you might not know is the planning commission by law has to hear things presented to them. The planning commission I am sure would love to focus their attention on something a bit more worthwhile to the community but the applicant, the mayor in this case, filed an application for a “fowl”. She then was too busy to attend any of the hearings and “asked” the city to change the dates of the hearings multiple times. The planning department has had to plan for this item several times and the planning commissioners have had to read the report several times only to find out that the applicant, the mayor, could not make the hearing.

So I think the comment you had should be “I just have one thing to say to the mayor…… can you puleez focus your energy on something a bit more worthwhile to the community and not waste all the time of your staff and planning commission for your ‘fowl’.” Maybe have them spend their time on traffic congestion! That would be a better use of their time.

Animals kill and eat eachother naturally. There is NOTHING unnatural about a hawk eating “bunnies, ducklings, or quail.” These animals may be cute, and cuddly, but they are animals! LET THEM LIVE AND DIE NATURALLY. Hawks eat all of these things in the wild, it is no different that snakes being fed mice!!! GET OVER IT!

Wow – touched a nerve with the California Hawking Club ethics list. Looks like that Justice Brandeis sunshine is not welcome when our local Mayor has so many things to explain and hide from the public on this “bloody” issue.

Believe me, if the City’s Legal and Planning Staff could have figured out a way to say what the Mayor was doing in her residential neighborhood back yard was legal, this never would have been an issue and it would have died of its own weight 15 months ago.

And “Stacey” – that is wonderful data – if you are correct! Not only have the progressive nations of Northern Europe – including all of Scandinavia – banned this bloody “unique hobby” – the more enlightened and liberal US States and Territories have apparently as well. I guess they can’t tell the difference between cockfighting, dogfighting and hawking, either! And they are legitimate US government entities. There is hope yet for California – a state that usually leads the nation in progressive thought and law.

I need to get that trapping e-mail posted – funny that e-mail doesn’t mention anything about the Oakland Airport…have to dig that one out of the stack after work today.

This thread is giving me another good idea. Maybe we can get some progressive Hollywood heroes and animal rights activists engaged in this cause celeb. If some of these on the public record e-mails of an elected official “blasting fat juicy live quail in the backyard for stress relief” got some buzz – the California Assembly might take another look at allowing one captive wild animal killing another animal for a human’s bloody “hobby.”

This is why the CHC has ethics codes #1 #4 (see above) – obey all laws to the “t” and fly under the radar (pardon the pun). Don’t draw attention to what we do behind the doors in this hawker sausage factory, or public opinion and the local/state government may shut all hawkers down in California. The CHC doesn’t want one irresponsible hawker to ruin it for the rest of them.

By the way – to the dozen our so people engaged in this thread, and to those reading for better entertainment value that you can get on You Tube – have a Merry Christmas and a Happy New Year from the bottom of my animal-loving heart!

Can Ariel can get her freedom for a Christmas present this year!

I got the information regarding falconry permitting here but it appears out of date: http://www.fws.gov/permits/mbpermits/factsheets/FalconryQandA.htm

“Can I practice falconry where I reside? If you live in Connecticut, Hawaii, Puerto Rico, the Virgin Islands, or any other United States Territory, you may not practice falconry because your state or territory has not met the federal falconry standards or does not allow the practice of falconry. Falconry is legal in all other states.”

Hawaii and Connecticut were the only “progressive” states, but Connecticut seems to now allow falconry as of 2005: http://www.ct.gov/dep/cwp/view.asp?a=2700&q=323360&depNav_GID=1633

The US Territories do not follow Fed falconry standards.

Free Ariel!,
People on this thread aren’t shooting the messenger. They are just trying to understand the basis of your argument, that being it is illegal for the mayor to keep a hawk caged in her backyard. I’ve reviewed all the code pertaining to animals and zoning, and there is nothing in there that specifically states it is against Pleasanton Municipal Code to keep a hawk, or similar fowl (in the bird sense of the word) in one’s backyard, unless it is a nuisance to others (7.36.040: It is declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs, or similar fowl or rabbits, owned or controlled by the person, to run or fly at large or go upon the premises of any other person in the city. (Ord. 1919 § 8, 2005)). Also, if you notice, pigeons are specifically listed as “fowl” and if people are defining fowl as a bird you’d eat, I would never eat a pigeon. It appears that fowl is being used in the broad sense, which would basically include anything with feathers, in my opinion.

I am not a politician, however it seems to me the reason for a conditional use permit would be for the planning commission to look at each situation differently and to use their best judgment on a case by case basis. Mabey they could issue a permit with some conditions for instance. If there are noise complaints or smell complaints from the Mayors neighbors. What a novel idea!!!! It is my understanding that the purpose of a hearing is to look at each case and its individual merits or demerits. Common sense would dictate that is the mayor is operating with in the bounds of the law with regard to her falconry and there is no negative impact upon her neighbors then the planning commission should do what is right for the people that they represent. In the case of falconry, the contributions of falconers would take more time than anybody cares to hear but I’ll attempt to list a few. The peregrine fund, founded and managed by falconers, was instrumental in bringing the peregrine falcon back from the brink of extinction. Every wild peregrine in the lower 48 states is a descendant of a falconer’s bird that was kept in captivity. When D.D.T. was being widely used in America the only Peregrines that were not affected we falconer’s bird because they were isolated for the environmental pollution. In 1980 a California falconer started the Alaska raptor rehab center in Sitka, Alaska (myself). Prior to that time there was no one in Alaska caring for injure eagles, hawks and falcons, they were being euthanised. The father of the scientific methods was a falconer. The contributions that falconers have made through the centuries are considerable.
The art of falconry is obviously beyond Dan Carl’s capacity to understand, so I won’t try and explain it to him in this forum. However, if he or any other residents of Pleasanton are truly concerned about the welfare of birds of prey, there are allot better places to put your energy. Here are a few facts. United States Fish and Wildlife Service states that 80% of All birds of prey die before they reach a year of age. Of the 20% that survive, 2% may live as long as 8 years in the wild. The mayor’s throwing a live quail to her bird in it’s enclosure is ensuring that the bird has an understanding of what she has to do in the wild to survive. This is a technique that is often used by the parent birds. They will catch a live prey and release it in order for the young bird to hone it’s survival skills. Falconer’s don’t normally feed live quail to their birds but we have a moral imperative to insure that our falconry birds will survive when released. The quail in question was a domestic quail that are raised for the gourmet food market. The mayor’s hawk cannot choose to be a vegetarian, what the hawk eats is determined by a higher power.
Recently Bobby Kennedy appeared on the Oprah show with his trained hawk; I wonder is Dan Carl contacted Mr. Kennedy or Oprah to express his displeasure with falconry. I wonder how the Kennedys would feel to be equated to cock and dog fighters. Regardless of one’s feelings about falconry it seems obvious to me that Jennifer Hosterman’s political rivals have lost touch with what their duty is. I will be forwarding this discussion to Bobby Kennedy as soon as I return from hunting with my hawk.

I am not a politician, however it seems to me the reason for a conditional use permit would be for the planning commission to look at each situation differently and to use their best judgment on a case by case basis. Mabey they could issue a permit with some conditions for instance. If there are noise complaints or smell complaints from the Mayors neighbors. What a novel idea!!!! It is my understanding that the purpose of a hearing is to look at each case and its individual merits or demerits. Common sense would dictate that is the mayor is operating with in the bounds of the law with regard to her falconry and there is no negative impact upon her neighbors then the planning commission should do what is right for the people that they represent. In the case of falconry, the contributions of falconers would take more time than anybody cares to hear but I’ll attempt to list a few. The peregrine fund, founded and managed by falconers, was instrumental in bringing the peregrine falcon back from the brink of extinction. Every wild peregrine in the lower 48 states is a descendant of a falconer’s bird that was kept in captivity. When D.D.T. was being widely used in America the only Peregrines that were not affected we falconer’s bird because they were isolated for the environmental pollution. In 1980 a California falconer started the Alaska raptor rehab center in Sitka, Alaska (myself). Prior to that time there was no one in Alaska caring for injure eagles, hawks and falcons, they were being euthanised. The father of the scientific methods was a falconer. The contributions that falconers have made through the centuries are considerable.

The art of falconry is obviously beyond Dan Carl’s capacity to understand, so I won’t try and explain it to him in this forum. However, if he or any other residents of Pleasanton are truly concerned about the welfare of birds of prey, there are allot better places to put your energy. Here are a few facts. United States Fish and Wildlife Service states that 80% of All birds of prey die before they reach a year of age. Of the 20% that survive, 2% may live as long as 8 years in the wild. The mayor’s throwing a live quail to her bird in it’s enclosure is ensuring that the bird has an understanding of what she has to do in the wild to survive. This is a technique that is often used by the parent birds. They will catch a live prey and release it in order for the young bird to hone it’s survival skills. Falconer’s don’t normally feed live quail to their birds but we have a moral imperative to insure that our falconry birds will survive when released. The quail in question was a domestic quail that are raised for the gourmet food market. The mayor’s hawk cannot choose to be a vegetarian, what the hawk eats is determined by a higher power.

Recently Bobby Kennedy appeared on the Oprah show with his trained hawk; I wonder is Dan Carl contacted Mr. Kennedy or Oprah to express his displeasure with falconry. I wonder how the Kennedys would feel to be equated to cock and dog fighters. Regardless of one’s feelings about falconry it seems obvious to me that Jennifer Hosterman’s political rivals have lost touch with what their duty is. I will be forwarding this discussion to Bobby Kennedy as soon as I return from hunting with my hawk.

Posted by Jim Tigan, a resident of another community, 11 hours ago

If Ariel were a human, there would be screaming like there was about Abu Grahib and Gitmo.

Ariel has no voice, she gets starved down during hunting season, and she is used by the Mayor to blast “fat, juicy live” birds in the Mayor’s back yard for the obvious viewing pleasure of the Mayor. Disturbing. Couldn’t the Mayor find something better to do with all that free time and money she dedicates to this “unique hobby?” They always need help and money at Lindsey! And they don’t “blast live prey” in the process.

Sometimes politicians release captive humans during the holidays as a gesture of good will. Will the Mayor free Ariel? Or will she keep acting like her fellow politicians Dick Cheney (blasting birds for a hobby) and George Bush (the whole captivity/abuse thing)?

Wonder how “Burt” is doing? He got freed this time of year in 2005.

I REALLY have to get that long trapping e-mail posted. It will have to wait until after work. I am sure it will give all the 6 people who must spend too much of their free time in this thread something to “blast” this evening! And the sad thing – there are more than a dozen more from the public record that could get posted.

PS – Weekly Staff – can you enable PDF file posting so we can put the full text of City Documents, Staff Reports, On the Record E-mails, Official Letters from Code Enforcement Officer, etc here? That would eliminate the chatter of “cherry picking” or taking things out of context and would let people read and decide for themselves what twisted things are going on.

Hey D.C., I hope in your next life you come back as a bunny. ’nuff said.

Ah – nothing like a “big old cup of tea” to turn a phrase, and an hour in the blogosphere – Daily Kos, and of course the Weekly!

I think this on-line hobby that we share in this thread is more socially responsible than having one animal “blast” and kill another animal in your backyard for stress relief, don’t you?

For those who still believe the spin that hawking is a “rescue” activity for our Mayor (even after reading what the Mayor did with good old Burt above), take a gander at the following on-the-public record e-mail from our Mayor.

You can get a copy from Karen Diaz, Pleasanton City Clerk if you type an e-mail to her. Just have the City search on the keywords: blood bloody guts talons hawk falconry bird Ariel rabbits ducks quail kill blast quarry hunting hunt trapping trap dispatch and, the famous “she makes it or she doesn’t” line.

Another glimpse into what is really going on behind the doors in the hawking sausage factory. Only a politician could twist trapping, kidnapping or rather “hawknapping” into “rescue.”
—————————————————-

On 12-30-2005 the Mayor wrote to Steve Leeper:

It sounds like you really want to know! Well, as an apprentice falconer, I can only work with one of two species in California, a Kestrel or a red-tail. I prefer a red-tail. They’re all over. Drive down any straight road with telephone poles and you’ll find one sitting on a pole about every 1/4 mile, or so. Saturday morning, early, (when the birds haven’t had a chance to hunt and eat, and they’re hungry) I’ll drive out over the hill into the Central Valley, find a country road, check out a few birds, find a first year (by law I can only take a first year bird, because my taking the bird insures that it will live beyond its first year, and the mortality rate in the wild is very high – 5 out of 50 birds will make it past two years, because when they come down on quarry they are vulnerable to other birds coming down on them) – and females are larger, which means they are slower but can take larger quarry, although a male would be fine, too. With binoculars I can tell if its a first year bird. I’ll drive by the bird at about 25 mph, throw out a BC trap (with a very lively rat in it) the bird will, if its hungry, come down on the trap, become ensnared in snares surrounding the trap – half-hitches made of 18 pound test – if the bird does become ensnared, I’ll hit the gas and drive back as fast as I can, throw a towel around bird, carefully take its talons out of the trap, wrap talons with blue paint tape (the stuff that’s not very sticky) and secure its legs so it can’t hurt itself, hood its head, and wrap a stocking over its body to keep its wings snug and safe. Throw it on the floor in the back of the car and decide whether or not to trap another bird or keep this one. Take it home, fit jesses on its tarsus’, and take all the stuff off, and start training. I should be home by noon. That’s how you trap a bird!
——————————-

See – in her own words. “trap a bird.” Hard to take THAT out of context. Remember from the post near the beginning of this thread- the Mayor told her buddies she trapped Ariel in the Central Valley – not rescued Ariel from Oaktown.

The “rescue” line seems to be another one of those political, sound bite, media “feel good” stretched fabrications to hide what is really going on. Gee – haven’t we seen THAT before from our Mayor?

And Shelley – you still interested in the text from the Code Enforcement officer? Or have you bought the Mayor’s “stories” hook line and sinker, too? If so – time to start a new thread – this one is getting too long!

I am mystified at this string of comments. Who is this Dan Carl guy and what is his issue? I am new to this community, but I and my family want to be a part of it. I am intrigued by having our own community newspaper, but I am concerned that people are taking advantage of this blogsite. This constant beration of our Mayor is not becoming to my new town, and not becoming to the newspaper. In New Haven, people write letters to their newspapers – I suppose a blog site would be a good idea, but not if it becomes devisive and devoid of factual material. Hopefully, our new hometown newspaper will consider this perspective.

Hey D.C., I hope in your next life you come back as a bunny. ’nuff said.

Here’s a little something I wrote to help increase the infotainment value of this thread. Seems like it will be a timely post too for Bob Crowson of the Ironwood neighborhood. The first verse is formatted correctly and the rest of the verses I formatted differently because I’m not sure how it will look posted through PW’s web software.
——————————————————————
The Ballad of Ariel the Hawk

‘Twas once upon a time
when a Mayor thought it fun
To train a bird to hunt
And forego the use of gun

That noble art had sprung, From Europe to Japan
It even could be found, On the steppes of Kazakhstan

Upon her word and honor, The Mayor built a mew
Put me inside that house, It was shiny, clean and new

I do declare, that Mayor dear, Good meat she fed me well
Now listen close, one and all, For I’ve a tale to tell

The Mayor’s job was up for grabs, She’d try her best to win
Very close was the race, Brozosky ‘gainst Hosterman

A grave mistake was made, Out of ignorance of this
City email was not for use, For private business bliss

Brozosky’s treasurer Dan Carl, Decided now with glee
Called the City for answers, The Mayor’s email for all see

As election day came close, The game soon came to pass
Dan Carl, he cried, “Foul!”, The intent was to harass

Perhaps the Mayor could, Through tactics not quite nice
Be defeated in the polls, With email, he rolled the dice

Now you know how this poor bird, Became nothing but a pawn
For Hosterman’s local rivals, In politics gone wrong

Despite the plot, the Mayor won, But even to this day
Dan Carl still cries, “Foul!”, Until he gets his way

Some folks may think it’s cruel, Some folks may say it’s unkind
But tasty quail upon my plate, Always suits me just fine.

ROFL!

Looks like there were some busy beavers, er quail out late last night.

Stacey – that was great!

Maybe I could add a few more stanzas:

Breaking laws, here or there, doesn’t really matter.
I’m the Mayor, by God, and quail blood I will splatter.

I love trapping raptors in the Wild – I but tossed young Burt back
Had to find a better hawk so rabbits I could smack!

Laws are for the little people, not for the elected few
I’ll break the law, and muni code and keep blasting quail in my mew!

Tommy “T”‘s is down the street, Stacey the headliner-Ariel the meat. I would buy a ticket to see you guys. The theme: Get a Life

Do you think that Obama is going to win because the Republicans have such a bad candidate?
Why did John McCain make his final argument against Obama… coal?
That’s his closing argument? William Ayers, Rev. Wright, spreading the wealth, Born Alive, meeting dictators without preconditions, etc. all have to take a back seat so that McCain can go to Colorado and New Mexico to talk about coal? Does this more or less explain why he’s going to get his clock cleaned Tuesday?