This guy/girl has been watching over my garden since I put it in a month ago. He/She sits on my tomato stakes for hours at a time. Sorry about the picture quality, I had to zoom, I cant get too close. It looks like a hawk, and its very yellow.
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Might be a Sparrow hawk, I.e. American Kestrel (Falco sparverious). 
According to my Audubon bird handbook:
There's a beautiful Sharp-shinned hawk that takes up a position in my box elder tree from time to time, staking out my bird feeders.
According to my Audubon bird handbook:
They come around and snatch the occasional unwary small bird from my feeders, but hey, everybody's gotta eat!Jay-sized. Male has rufous crown, back, and tail; blue-gray wings and head; buff breast and nape; white underparts with side spotting. Black markings behind ear; black mustache and termina tail band. The lateral ear markings are said to resemble eyes as seen from above by large hawkss. Female's head resembles that of male, but back and wings are darker roufous overall with heavier streaking below.
There's a beautiful Sharp-shinned hawk that takes up a position in my box elder tree from time to time, staking out my bird feeders.
I actually have a mole that has driven me crazy for the past month. I didnt know about putting a mesh barrier under my raised beds. The dang thing wreaked havok on my tiny pepper plants. It pulled them under the soil, so that only the very tops were poking out. When I pulled them up they were cut off right at the roots. I finally had to buy some more mature (larger) pepper plants and they seem to be ok so far. I am still finding new tunnels each day. Maybe my new feathered friend will rid me of this pest:-)
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