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DRAFT to another. Given that there was no active HOA, a neighbor who objected to a neighbor's use would retain the private right to enforce the CC&R's. In response to an inquiry by Commissioner Blank regarding whether an individual landowner would still be able to attempt enforcement under the CC&R's if the application were to be approved by the Planning Commission and/or City Council, Ms. Harryman confirmed that it did not prevent a neighbor from attempting enforcement. In response to an inquiry by Commissioner Blank regarding what would happen if the HOA were to become bankrupt, Ms. Harryman replied that the dues would not have to be paid. She added that was not an uncommon occurrence. Ms. Decker noted that an email from Chairperson Fox was placed on the dais, requesting clarification on several points. With respect to the required floor area for the enclosure ("mew"), she noted that State Department of Fish & Game publication stated that it should be a minimum of 64 square feet, and have a minimum interior ceiling height of seven feet throughout. She noted that the document detailed the dimensions of the mew as well as the required equipment and stated that the enclosure must have adequate ventilation as well. Staff displayed a slide of the interior of the mew which delineated the interior height of the structure. Ms. Decker noted that federal or State agents inspected the enclosures and that they would perform any necessary enforcement actions. She believed the site had been inspected and that it conformed to the necessary regulations. Ms. Decker then described the body of articles attached to the staff report regarding hawk attacks and noted that one article cited a park in New York was using hawks to clear pigeons and that while one small dog had been plucked from the shrubs by the hawk, the dog was unharmed and had been treated for minor injuries by a veterinarian. She noted that the account noted that the introduction of the hawks into the park was successful in clearing out the pigeons; it seemed the program had continued. She noted that other articles indicated attacks may have occurred due to the proximity of the nesting areas and how hawks are naturally in surrounding areas. She also noted that many attacks were to pigeons on the East Coast and Southern California which were reported by pigeon fanciers. Commissioner Blank noted that the red-tailed hawk belonged to the Order known as falconiformes, which indicated that it generally killed its prey with its beak. Ms. Decker noted that with regard to transport or handling, the dog leash laws required dogs to be leashed while outside the owner's property. In addition, the Pleasanton Municipal Code did not allow fowls and rabbits to roam free outside the property boundaries of the owner. She noted that hawks were not let loose outside within their neighborhood environment. When they are transported, they were placed in cages with hoods over their heads to prevent them from seeing where they were going, thereby keeping them calm during transport. She noted that the City would not require the bird to be leashed with a Jesse and that it was presumed that the owner would know how to properly transport the hawk in compliance with State and federal regulations. Staff provided information to describe the practices of falconry. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 12/12/2007 Page 2 of 9