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CCMIN011508
City of Pleasanton
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CCMIN011508
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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1/15/2008
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CCMIN011508
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many other important things to accomplish. To him the matter is very transparent, all about <br />politics and not about hawk attacks and he was ashamed it had gotten to this level. <br />Councilmember McGovern said she was not looking at the political and personality aspect, sees <br />it as setting a law for the City, she believes birds of prey are different than fowl, are hunting <br />animals, she read the laws from the federal regulations and there is no code or ordinance that <br />covers hunting and hawks in Pleasanton. She felt the Council should be looking at this in terms <br />of wild birds and exotic animals with an ordinance that incorporates protections and definitions <br />and identifies where hunting can be done. She said all five Planning Commissioners did not <br />agree a hawk was fowl but agreed the bird was an amazing bird and raptor. She believes the <br />Council should look at the precedent being set and the effect on laws in the future. <br />Vice Mayor Thorne questioned what would be involved in staff looking at a code for animals that <br />are licensed by the state or federal government. City Manager Fialho said the Council could <br />amend the R1 District by adding a provision to include the keeping of raptors subject to state <br />and federal standards as a conditional use. If staff was directed, the ordinance would first go to <br />the Planning Commission and then to the Council, and he was unsure of how much staff time <br />would be involved. <br />Vice Mayor Thorne thought it was important to take the individual out of the discussion which he <br />has done, said the broadest definition fits into the definition of fowl, would be more comfortable <br />if staff took the matter of reviewing amendment of the code to include a recommendation on <br />birds of prey licensed by the state and federal government. <br />Councilmember Cook-Kallio suggested bifurcating the motion and confirmed with Vice Mayor <br />Thorne he was amenable to directing staff to include the additional work at the time of the <br />regular priority setting session. <br />Revised Motion: It was m/s by Cook-Kallio/Sullivan to adopt Resolution No. 08-166 approving <br />the appeal of the Planning Commission's denial of an application for an animal use permit to <br />allow ared-tailed hawk to be kept in the rear yard accessory structure of an existing residence <br />located at 2922 Chardonnay Drive. Zoning for the property is PUD-MDR (Planned Unit <br />Development -Medium Density Residential) District. Motion passed by the following vote: <br />Ayes: Councilmembers Cook-Kallio, Sullivan, Vice Mayor Thorne <br />Noes: Councilmember McGovern <br />Absent: None <br />Recuse: Mayor Hosterman <br />Councilmember McGovern wanted an ordinance for a variety of wild and exotic animals as well <br />as birds of prey and asked that the ordinance include where they can be kept, type of zoning, <br />whether or not they can be kept indoors or outdoors, and whether they can hunt or not hunt. <br />Councilmember Cook-Kallio thought the matter was to be reviewed under staff's priority list and <br />address it at that time. Vice Mayor Thorne said he was not sure he wanted to permit animals <br />that are not licensed by the federal and state government, and Councilmember McGovern said <br />the diversity of animals was large. <br />City Manager Fialho recommended staff identify ways of accomplishing this by way of an <br />ordinance or by modifying the R1 district to include raptors as a conditional use, in the context of <br />the Council priorities. <br />City Council Minutes 11 January 15, 2008 <br />
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