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Alaina Tyrer said she just moved from Michigan where her neighbors voted out a wild animal zoo in the neighborhood, thought it was obscene that someone would keep a wild animal in their backyard and thought hunting was a completely different issue. Laura Danielson said her grandfather kept fowl, disagreed a hawk was a fowl, said she has been a member of bird societies since she was 10, regards the red-tailed hawk as her favorite bird, thinking of a wild bird in a cage was sad and she hoped the City could arrive at a better definition. Michael Pocieche said he has practiced falconry for 40 years, is on a Board of Director for California Birds of Prey, said people would have a greater chance of getting struck by lightening than being attacked, and spoke of his work with falcons and children. The sport is highly regulated and expensive and people who have birds of prey are dedicated individuals. He noted birds of prey are owned by state and federal agencies and confiscated if not treated properly. Janet Linfoot said all proper permits have been followed, the birds are native and not exotic and Ms. Hosterman plans on releasing the bird in the future. She spoke of her experience with all types of animals, said she was once attacked by a hummingbird, felt the issue was silly and more important was the subject of young men and women dying in war. Lee Fulton said neighbors are fearful of attacks, opposed the definition of the falcons being classified as fowl, and animal control has indicated no attacks for the last 25 years in Pleasanton. He observes hawks, vultures, owls, and other wild birds in his backyard, has observed Mayor Hosterman's bird at the Scottish games and said it is better mannered than many of the dogs in town. He supported the use permit, suggested the City change its code to properly define it, and noted the many parrots and macaws allowed in yards that are a disturbance. Marjorie Muentz felt the argument of defining hawks as fowl is ridiculous, thought Dan Carl had many objections that attempt to paint Ms. Hosterman as a criminal, thinks the issue is politically motivated and hoped all Councilmembers will avoid personal attacks in their campaigns. Vice Mayor Thorne closed the public hearing and recessed the meeting fora 5-minute break. Councilmember Cook-Kallio said it is true the matter should not be political or involve personalities that the Code is out of date and that it is up to the Council to interpret the law. She cited the strict licensing and permits in place and said the definition could be addressed by the Council. Motion: Councilmember Cook-Kallio moved to issue the conditional use permit now and request that staff revisit the ordinance to bring it up to date. Councilmember Sullivan said he wanted to remove the applicant from how the Council is analyzing this, said in looking at the evidence, staff report and testimony, he could support staff's recommendation and approve the conditional use permit. He said the applicant has all of the required state and federal licenses and permits to keep the hawk and practice the sport, the mew or building meets all city building codes and requirements and he did not want to duplicate licensing. If there are complaints or problems, he thought the matter could be brought back to staff for adjustment or further mitigation and did not support changing the code as there are City Council Minutes 10 January 15, 2008