December 23, 2004

Animal rights activists hold vigil outside the Villas of Almaden

By Kymberli W. Brady
Staff Writer

Last Friday, animal rights activists gathered near the entrance to the Villas of Almaden with masks, signs, and candles in tow—all in an 11th-hour attempt to save a family of coyotes from certain death.

Upon hearing of the Villa’s decision to hire a private trapper, a steady flurry of e-mails has kept Villas President Bud Spadafore busier than usual over the past two weeks—time he says he has plenty of lately, since the harassing phone calls start like clockwork at midnight and don’t taper off until around 4 a.m.

Almaden resident Maria Stich, second from left, stands alongside animal rights activists as they braved cold temperatures Friday evening in an effort to persuade Villas of Almaden residents to stop the private trapping of coyotes. Photo by Kymberli Brady.

“We’re trying to get the homeowner’s association to use alternative measures rather than killing the coyotes,” explains spokesperson Judy Jones of Willow Glen. “So far, they’ve refused to meet with the Wildlife Center Silicon Valley and other experts who know how to move those coyotes out so they won’t be a threat.”

“We don’t kill child molesters and pedophiles and we don’t let our kids out or animals out,” argued Maria Stich, who lives near the Villas. “I live by the park and you just can’t kill them. Why would you do that to animals when we don’t do it to people?”

It is certainly not a black-and-white issue, as wildlife experts remain convinced that trapping will only encourage an increase in breeding to keep the coyote population in sync with nature. However, County Supervisor Don Gage says the balance has been off for some time, as disease and starvation are the coyote’s only predators and are more prevalent in overpopulated areas.

Still, Villas residents have grown increasingly impatient with the city’s refusal to act in spite of the apparent threat to human safety and especially since they have complied with every request the city has made. Birdfeeders were removed months ago. Pets are fed inside and kept inside when possible. Garbage cans have been modified so animals cannot access the trash, and landscape modifications—to the extent the city charter will allow it have been implemented to deter deer and other animals from the homes,

In an effort to take matters into their own hands, the Villas arranged to hire Vector Control Manager Tim Mulligan to start trapping on Nov. 8. While trapping was authorized and scheduled to start Nov. 8, Mulligan said he needed a letter from the city approving the use of “Collarum” traps before he could begin the process.

“It only needs to state that the County may use what ever is LEGAL to trap in the city of San Jose—with the exception of leg-hold traps,” he explains. “But they have yet to do anything for us and now claim they will not be liable if there is a Coyote attack.”

After numerous attempts to obtain the letter, Spadafore contacted City Attorney Rick Doyle, who said that nothing in the Municipal Code prohibits Vector Control from discharging its official duties in abating vectors and suggested that the residents insist that Vector Control “do their job and not point at the City as hindering them.”

However, the recent passage of the city’s no feeding ordinance now poses a host of new problems, as the way it is worded, it prohibits Vector Control from baiting their traps.

“The county wanted something in writing because of this new no-feeding ordinance,” explained Department of Environmental Health Director Ben Gale. “As it reads now, it prohibits the county from baiting the traps and they’re not willing to violate that. It’s a major roadblock because if we can’t bait, we can’t trap—that’s the stalemate right now.”

While a Nov, 17 meeting brought representatives of the Villas together with deputy director of animal care services Jon Cicirelli and representatives from the Wildlife Center of Silicon Valley to review educational material and discuss alternatives, Spadafore and Villas Manager Kurt Shenefield say that’s when they were advised to trap the coyotes on their own.

However, Cicirelli denies having rendered any advice, but did mention that the city had no intentions to do any trapping or engage anyone else in trapping the coyotes in the Villas. He went further to state that they couldn’t legally stop anyone from taking care of it on their own.

“The city was not going to trap for them,” Cicirelli said. “I think some of them truly believe that they will only be safe if the coyotes are killed—they kept insisting that trapping needed to be done and are singularly focused on that. So, as a private property owner, I guess they can do anything they want. In this case, they’ve chosen to hire their own trapper. They are perfectly within their rights to do so, but not with leg-hold traps.”

Cicirelli maintains that there are and always have been alternative solutions when it comes to wildlife, which has over the years become an increasing concern, one that warranted the city position he now occupies.

Yet, in the midst of it all, he can’t help but find a little humor in a Dec. 19 Mercury News article, where City Attorney Rick Doyle said the city hired an outside consultant to study the errant golf ball dilemma that has plagued homeowners bordering Los Lagos, one of only three city-owned golf courses that is keeping officials busy theses days—paying out thousands in damage claims that stem from off-course golf balls striking cars, windows, and property. Residents are up in arms over what they claim is “a real public safety issue.”

The similarities—and the humor seem to part ways at the bottom line, where the $22.7 million course, although equipped with $151,000 in trees, screens, and other safety improvements, is getting the city’s blessing to spend an additional $19,000 to $24,000 on more of the same.

Spadafore’s short-lived amusement turns to frustration as Councilmember Terry Gregory’s comments strike a nerve, especially after a last-minute change of heart found him voting against the emergency ordinance last month.

Gregory admits that the course has been a positive addition to the District 7 neighborhood, “except for the folks being bombarded with balls.” However, he remains convinced that sooner or later, someone outside the course would be seriously injured by a ball.

“You have a council person saying something must be done before someone is seriously injured,” Spadafore says. “That it’s only a matter of time before this happens…sound familiar?”

“The city seems more concerned about golf balls than a small child being attracted by a coyote,” he adds. “I guess it’s because golf balls don’t vote and animal rights groups do. Their priorities seem backwards and there is no help in sight from the City on this issue.”

“I believe we do not have the moral right to kill these animals,” added Judy Jones. “They belong to all of us.”

Spadafore agrees to a certain extent and feels that there could be a better meeting of the minds if animal rights activists would make an attempt to verify the validity of the e-mails and letters they receive before rushing out to champion a cause. Contrary to reports that residents of the Villas have made little attempt to rectify the problem, the association has implemented virtually every suggestion offered and more importantly, insists that they have complied with every request the city has made for almost a year.

“To kill them is so 20th century,” said Lynn (last name withheld), while brandishing a plastic coyote mask for anonymity and waving a trio of signs.

“We would rather not kill them,” explained Villas resident Hugh MacDiermond, who came out to speak with the group. “We love animals. We have lived here 21 years and for 19, there were no problems.

According to MacDiermond, the county will not allow them to pursue alternative measures. Still, they stopped feeding the animals months ago and there haven’t been any cats around for a while.

“Most of them have already been eaten,” he says. “We’re tired of the bureaucracy and the meddling,” he added.

“They [coyotes] are stalking pets on leashes, following and watching mothers walking their children. We have a problem but we have to follow the laws.”