City and County of San Francisco

March 11, 2010

6:45 PM

 

1. Call to order and Roll Call

 

Present Commissioners, Sally Stephens, Philip Gerrie, Pam Hemphill, Angela Padilla, Laurie Kennedy-Routhier

 

Absent Commissioners, Andrea Brooks, William Herndon – SF Police, David Gordon DVM, Bob Palacio - Rec & Park, Vicky Guldbech - ACC

 

Comr. Stephens – No-kill is not on the agenda tonight because not enough progress had been made in the past month to merit discussion. It will be on the agenda next month. Commissioners working on it have not given up on the issue. A small group of people, working independently of the Commission, are working on ways to work on and expand programs towards no-kill. Their focus will probably be behavior assessment standards, dog training programs, low cost spay-neuter services. None of these issues require input from the Commission nor the Board of Supervisors. These issues can be worked on now and so why wait for the Supervisors to act before working on them. If anyone would like to be part of this unofficial group contact me.

 

2. General Public Comment

 

Bill Hamilton – volunteer Give Me Shelter Cat Rescue and former Commissioner on ACWC – Would like to see extremists on both sides of no-kill debate coming together. The key is for ACWC to define  ‘adoptability’, and the process for adoption,  for a uniform guideline that all shelters could follow. It would be very helpful in borderline medical or behavioral problems. Without such a guideline this Commission and the no-kill movement will miss the point and savable animals will be killed.

 

Lana Bajsel – Give me Shelter Cat Rescue – Reading statement for Julene Johnson. “Fix San Francisco brought the no-kill issue to ACWC in June of 2008.  Various testimonies and a path to no-kill were proposed at ongoing meetings. At the Feb 11, 2010 ACWC meeting, Comr. Sally Stephens asked the public to help form a sub-committee about behavior testing. Julene Johnson and I asked, for the record, to be a part of that sub-committee. Earlier this week Sally sent out an e-mail to Angela Padilla, Kathleen McGarr, L-Danyielle Yacabucci and Julene Johnson, to form that committee to discuss the items she mentioned earlier. On Tuesday Susan Wheeler was included in the e-mail. When asked about the goal of the sub-committee, Sally stated she was acting as a private citizen working for no-kill and also working for legislation at ACWC. Concern is that at the Feb. Commission meeting,  Sally had asked for names of those interested in being on that committee. In the following e-mail she had only included one of the two people who had went on public record wanting to be involved. She had invited three new people to be on the sub-committee, two of whom were not at the February meeting. The question is why one person was excluded and three new people were included. How, as a private citizen, can Sally take on no-kill issues raised at Commission meetings and select people she wants to be on the sub-committee. Question on the practice of acting as a private citizen on ongoing Commission matters. Question about selecting who she wants to work with after publicly asking for volunteers to serve on that committee. This seems to be a conflict of interest as her role as a Commissioner. Fix San Francisco has been working with ACWC in due process, not going over their heads to the Board of Supervisors. Extremely frustrated by length of time ACWC has taken to come up with a plan for no-kill in SF. 

 

Joanna Morales – Give me Shelter Cat rescue – Finishes Lana’s reading of Julene Johnson’s statement. “Does not agree that Comr. Stephens should take no-kill issues behind closed doors while holding Chair of ACWC.”

 

Richard Schulke – Former Commissioner on ACWC – Fish & Game Commission on March 3, 2010 voted unanimously to ban further permits for the importation of turtles and frogs as a food source. Millions of local turtles and hundreds of thousands of bull frogs will be saved by this ban. Asks ACWC to officially endorse the act by the State Fish & Game. Asks ACWC to honor by proclamation the work by Eric Mills and Virginia Hanley who have worked on this issue for almost 20 years. They are true heroes and deserve to be honored.

 

Eric Mills – Action for Animals – Worked for 15 years to get law passed by Fish & Game. This will spare the lives of  2 million bull frogs in California and 3 to 5 hundred thousand fresh water turtles. Would like pressure on Board of Supervisors to impose ban on all sales of frogs and turtles not just those for human consumption. No fines currently imposed on illegal sales. Just citations. DA does nothing. Brought blank petitions for measure to impose $18 on CA vehicle license to bring in $500 million for State parks every year.

 

Comr. Routhier – Thanks Eric Mills for all his work. Does enforcement of this law fall on Fish & Game?

 

Eric Mills – It could. It could be enforced by ACC or better, if SPCA had humane officers because they do not answer to anyone in City Hall. ACC was told years ago to stay away from Chinatown. Fish & Game was not interested in the cruelty angle but protecting the resources.

 

Comr. Routhier – When will the ban go into effect?

 

Eric Mills – When the permits expire. Unsure if they are only issued as of Jan 1st or through out the year. Grandmother said, “Stay true to your cause and eventually you’ll wear thebastards down.”

 

Audrey Kimball – Opened recently an antique and collectible store at 16th & Irving St. One hope was to foster rescue cats at the store hoping that customers would see the cats and adopt them. Contacted Give Me shelter. Brought first cat two weeks ago. Then a second cat. Both cats are doing well living at the store 24 hours a day. Many breakable and fragile items in the store but nothing has been damaged by the cats. Both cats were scheduled to be euthanized by ACC. Would have been tragic to have killed them.

 

Sue Capezuto – Give Me Shelter Cat Rescue – Reminds Commissioners that in January Comr. Padilla had promised to do a revision of no-kill legislation to be done in February. No-kill not on the agenda tonight. Is disappointed. SF was once leader in no-kill and now no one’s priority.

 

Nadine May – If one asks 10 San Franciscans, on the street, if they want a no-kill City, 8 or 9 will say that they think it already is a no-kill city. SF used to lead in the no-kill movement. Adoptable animals are currently being killed daily.  Bringing in out-of-city cute, adoptable animals and euthanizing the rest is not the way to go. Cities across the US are adopting no-kill. SF should as well.

 

Comr. Stephens – Asks public to not applaud after each speaker.

 

Justin Pinkerton – Fixsanfrancisco.org – Dropping no-kill now would be a huge mistake. Over a year of hearings in this Commission  on no-kill has been a big disappointment. That pales in comparison to the animals dying everyday due to failure of this Commission to act.  SPCA is struggling to maintain its hospital at the expense of the well being of their own animals. ACC is not willing to perform a basic task in order to benefit themselves and the community. ACWC should use its powers to seize the opportunity and not let it slip away.

 

Laura Fairbanks – Fixsanfrancisco.org – Disappointed in ACWC for not fighting for no-kill. Supports any efforts to save lives of animals, whether legislation or anything else.

 

Cynthia Cox – Fixsanfrancisco.org – Begs Commission to make no-kill a reality in SF. Commission has spent a year and half discussing the issue. That is a year too long. It’s time to get going. Talks and shows picture of her own cat, Vinnie, that would not be alive if not taken in and adopted. Had behavior issues according to ACC. Also took in two kittens that had ringworm that would have been euthanized. Cites other cats that were adoptable but were euthanized or were taken by other volunteers.

 

Laura Massa – ACC volunteer – Tells experience of volunteering at ACC when euthanasia takes place. Means a human being failed. Means failed to evaluate it properly. Means failed to give adequate care. We fail as a city when animals are killed. Make SF a no-kill city.

 

L-Danyielle Yacabucci – Had volunteered at ACC to do their statistics but was not accepted to do so by Rebecca Katz. She felt it was too complicated.

 

Lisa Quattrini – Give Me Shelter Cat Rescue – Frustrated with how long no-kill legislation has taken. Austin just became a no-kill city. Every day more animals are being killed. That is unacceptable. ACWC needs to step up.

 

Mark Ennis – Disturbed by Lana’s concerns about independent committee being set up by a Commissioner. Such a group should have representatives from every rescue group. Not hand-picked behind the scene. Also disturbed that no-kill was not on the agenda. Saw no closure on the issue. Thinks ACWC is taking a weak stand on the topic.

 

Kathleen McGarr – fixsanfrancisco.org – ACWC only needs to recommend legislation, not think tanks. Legislation is all Commission is responsible for.  Commission has taken too long. Too many animals have died.

 

Richard Fong – Has been listening to public comments. See Commissioner’s efforts stopped by Rebecca Katz. Need to work together as a committee not just individually.

 

Public Comment Closed

 

Comr. Stephens – Point of clarification. Commissioners are not obligated to respond to public comment and encouraged not to. Not responding, therefore, does not mean anything. Will not continue with working group immediately. The working group, that was the subject of so many comments tonight, never met and will cancel any future meetings and discontinue it altogether. . Apologize for perception that something was being done behind the scene.

 

Çomr. Padilla – Shocked and appalled by community’s reaction to efforts by Comr. Stephens and self to form group to work together. Had not revised legislation as had intended because the SF shelters are totally opposed to no-kill legislation. Has tried to talk with shelters. They have good legal-oriented reasons to oppose it. Should invite Rebecca Katz to a meeting to have her describe to the public why she opposes it. Being a no-kill advocate, was persuaded by SPCA and ACC that initial proposed legislation was totally unworkable. Was, as a lawyer, stumped, on how to prepare a form of legislation that would ever get out of this Commission. Saddened that perception that the working committee was perceived as being behind closed doors. As being negative. Effort was only to get something done. Nothing will get done without the shelters approval. Welcomes anyone with ideas about how to do no-kill within a legal framework to contact self.

 

3. Approval of draft Minutes from February 11th, 2010 Meeting

 

Richard Fong – Had met with Supervisors Mar & Chu on the artificial turf issue at Beach Chalet. Only rational approach to oppose is the scientific one that the artificial turf will create respiratory problems for those playing and for wildlife.

 

Cynthia Cox – Notes that Dr. Gordon did not make last meeting but was not listed as present or not.

 

Minutes approved unanimously with corrections from the public. 

 

4. Chairperson’s  report and opening remarks

 

A) Comr. Stephens – Joint Zoo, JZ, met on February 25th.  There was a status report on the hippo exhibit. The hippos, that the new exhibit  was built for, have died. Question was what to do with that space? One option, talked about, was to find a rescue hippo. Option 2 was to expand the space for the black rhinos who are in the adjacent space. Rhinos require stronger fencing than hippos so would have to spend money to upgrade the fencing. They would not need the hippo pool.  Option three was to relocate the Baird’s Tapir. The tapir is currently in a small enclosure. It would require the least amount of money to move the tapir. Will pass any opinions, from Commissioners, about which of the three options they prefer. Will also pass on any opinions from the public. No opinion was asked of JZ. Only informing JZ.

 

Comr. Gordon – Is supplying the water a financial issue?

 

Comr. Stephens – They were intending to do it for the hippos. 

 

Comr. Gordon - Do they consider the current facility for the rhinos and the Baird’s Tapir inadequate?

 

Comr. Stephens- The Baird’s tapir facility is considered inadequate. The black rhino exhibit is relatively new and the zoo argues that their existing space is larger than the hippos’.

 

Comr. Gerrie – One fact that was not mentioned in that report was the cost for this exhibit. It was expensive and shows, to me, a lack of planning in spending money on two aging animals. They need a master plan versus doing this piece meal. It wasn’t thought out.

 

Comr. Stephens –Dr. Spinelli, the advisory vet on JZ, and I have asked for presentations on what they plan to do with their capital projects. There is a master plan but it is vague and not specific.

 

Comr. Hemphill – Surprised that they had not built a filtration system in the hippos’ pool.

 

4 A) Public comment

 

Deniz Bolbol – Thanks Commission for its work two years ago on recommending reforms that were needed at the zoo. The reform legislation was sabotaged by Carl Friedman and Supervisor Dufty as well as the zoo which put out misinformation about the legislation. The zoo lied to the public, and the Supervisors, about what the legislation contained. That was why it lost. Now, through Bevan Dufty, Comr. Stephens has been appointed to be the liaison with JZ. She has been the JZ liaison for 8,9, or 10 months.

Understands why nothing has changed by the report Comr. Stephens just gave. She didn’t give the whole story. The three options are what the zoo wants. They are not the only options. Have been advocating against it since before it was built. The cost for it has been 7 to 8 million dollars with a substandard pool with out the filtration system. To say that bringing in a “rescue hippo” is a bastardization of an idea of a rescue zoo. Zoo is practiced at their PR spin. Mr. Jenkins is not interested in what you do or think. He wants to keep you under control. Questions Comr. Stephens just bringing three options for the hippo exhibit. Has brought to JZ other options for the exhibit but was not mentioned. Has animal welfare been considered? Encourages Commissioners to learn more. A lot of information is missing.

 

L,Danyielle Yacabucci – The meeting has been very negative tonight. Have Deniz and Comr. Stephens been working together? If it doesn’t get positive, nothing will change. They need to work together. Doesn’t go to the zoo. It is too depressing. Nothing has enough room. We all want the best.

 

Richard Fong – Used to see polar bear with brown stuff on its fur. Last time saw polar bear it looked OK. They must have done something right. Would like to hear from Mr. Jenkins. Lot of work at zoo looks like a band-aid approach. Often only lowest coast is considered. Health needs need to come first. Zoo needs better oversight and stewardship.

 

Mark Ennis – ACWC has been good on zoo issues in the past. Would like to see more action taken on the zoo currently. Would like to see more Commissioners  at JZ meetings. Renovation was for two hippos but now only one hippo can be accommodated.

One hippo means a lonely hippo. Should not bring any more animals into the zoo. Zoological Society has run the zoo into the ground. Drop and fill pools were fine when water was cheap. Now they can’t pay their utility bill. Recently purchased and brought in two zebras. Paid $3000 each. They were brought in to keep company for one existing zebra. Should have placed the one lonely zebra and saved the expense of purchase and upkeep. The Zoological Society doesn’t know how to manage their money. Should not bring any more animals into the zoo.

 

Bob Jenkins – SF Zoological Society – Not able to answer everything that was brought up tonight in a three minute forum. Does promise to go back and talk with Tanya Peterson and other Society members and comeback and make a presentation to this Commission. Analogy to the point of view of the Charge of the Light Brigade. One view is from the front and another from a hill overlooking the battle. Both views are different and need to be considered to understand the event. Only one view was expressed tonight. Hippos exhibit did not cost $7 million. It only cost one million. Three million of the bond money was allocated to the hippo/rhino project. Only one third for the actual hippo exhibit. Seven million was a mischaracterization of City funds. This was a City project run by the City. It was a three million plus project. A lot of money was used for city overhead. 20%to 30% was taken out for City costs, to pay DPW staff, planning staff, etc. Will be happy to come back and answer the many concerns raised tonight. Has repeatedly invited Commissioners to JZ meetings and to the zoo itself. The hippos/rhino was redesigned in 2005 for two aging hippos to triple the amount of water space in their pool. Zoo started in 2006 on the Grizzly Gulch exhibit.. The cost for each was similar. Three to three and half million each. Finished the Grizzly exhibit 18 months sooner than the City finished the hippo/rhino which had many problems associated with that project. As director of the Steinhart Aquarium, at the time, went to the City asking for a better working relationship because of that project.

 

5. New Business

 

A) Discussion and possible action to inform goat companies operating in SF about fencing practices that may impact wildlife.

 

Comr. Hemphill – Use of goats to manage weeds has been going on for some time. Fencing the goats have brought complaints about wildlife trapped within. Problems have only been handled individually when fencing is already in place. Rec & Park had put guidelines in the goat contracts for wildlife but it has not been implemented. Problem has been around for many years. ACC is not notified when the fences are put up but will respond when there is any animal emergency. Guidelines in the draft letter include that a gap must be left in the electrified fencing and the fencing not left up for more than three days. Water should also be left inside fencing. Conversations with goat companies have suggested some modifications. Five companies have bid on or been awarded contracts in SF. One company had withdrawn because the plots of land in SF were too small. Two others did not have working phone numbers. Leaving two left. One company, Goats R Us, does not have gaps in their fencing because goats can get out and dogs can get in, killing goats. People have also stolen goats for food. They fence only an acre at a time and check for sensitive wildlife before installation. The other company, Sycamore Farms, also has fencing, pre-manafactured without no gaps in them. Setting up fences in small areas is labor intensive. Problems, such as fallen trees, make it difficult to not leave gaps. He usually fences 5 to 6 acres at a time leaving it up for 5-6 days. He has about 500 goats inside. Belief is that 350 goats can clear about an acre a day. SF has also their own goat company. They have 75 goats. It is owned by a tenant of the Port of SF. They use no fencing. Only have a goat herder working in areas smaller than an acre.

   As a result of conversations with goat herders and ACC, would like to modify existing guidelines. Instead of requesting a gap in the fence and a three day time limit, would like to suggest no gap in the fence and a two day time limit. The enclosed area should be no more than an acre. Water should still be provided inside fencing and ACC should still be notified of the coming of the goats either by being a signatory, being called, or e-mailed. Would like to direct proposed letter to ACC  and to City Office of Contract Administration for review before notifying Rec & Park & PUC.

 

Comr. Routhier – Thanks Comr. Hemphill for bringing issue back up. Had been discussed before in Commission but recommended actions not taken. Had thought of propping fence up with a big white PVC tube to help small animals escape.

 

Comr. Hemphill – The problem with that is new baby goats are the size of skunks and could also escape.

 

Comr. Routhier – Comr. Hemphill’s  new research showed goats were not staying for weeks at a time. Hopes to be able to vote on it after discussion and public comment.

 

5 A. Public comment

 

Richard Fong – Thanks Comr. Hemphill for her work. Concern about baby goats being born and then put to work immediately.

 

L-Danyielle Yacabucci – Thanks Comr. Hemphill and Routhier for bring issue forward again. Crucial to put non-electrical gap panels along animal paths not just where the fence ends. Non-electrified panels do not make it any easier to get over the fence if properly installed. Water should be place both inside and outside of fence alongside non-electrified panels. Two days is still too long for animals to go without access to their food because of an electrified fence. Goats–R-Us has been coming to Laguna Honda for two years. They are easy to work with and care about all the animals affected by the fencing. Working with Sycamore was very, very difficult.

 

Mark Ennis – City did not always use goats. Maybe other methods of weed clearing should be considered if it affects wildlife. If goats must be used, get rid of electric fences and just have goat herders there.

 

Public comment closed

 

Comr. Hemphill – The SF goat group does use a goat herder. Removing vegetation is removing habitat. A main concern in SF is fire and also the homeless. Removing undergrowth helps police locate them. The homeless also destroy habitat. Herbicides has been used. Goats are an improvement over herbicides.

 

Comr. Stephens – You are suggesting sending the draft to ACC’s contract department and then bringing it back at our next meeting?

 

Comr. Hemphill – Right.

 

Comr. Stephens – You are also suggesting that requiring gaps in the fence be removed from our letter and that fences be left up for no more than two days?

 

Comr. Hemphill – Spoke with Jamie Ray of ROMP. She felt two days was OK but no longer than that. Issue is not a concern for non-electric fence that the Port Authority goats have.

 

Comr. Gerrie – When this was brought up before, we were unsure of where this contract actually was between the goat people and City agencies. We got as far as recommending that ACC be a signatory for approval. There was no oversight to make this happen. What has changed now?

 

Comr. Hemphill – In the past, the Office of Contract Administration signed a contract with the goat company. The contract did not state how the work would be done.

 

Comr. Gerrie- It seems like the ball was dropped somewhere because that was our recommendation.

 

Comr. Hemphill – Yes ACC needs to be notified.

 

Comr. Routhier – Would the two primary goat companies support this? Or oppose it?

 

Comr. Hemphill – This is in line with the practices they now do so they would support our letter.

 

Comr. Padilla – Why not push for a ban on the total use of goats as Mark suggested?

 

Comr. Hemphill – The vegetation must be removed in some way. It is much more economical to use the goats.

 

Comr. Padilla – Does the economics guide our view of animal welfare? Would it be better to advocate for a total ban?

 

Comr. Hemphill – It is an issue of picking your battles. Goats-R-Us do not use their goats for meat. A lot of goat companies do use their animals for meat.

 

Comr. Gerrie – The goats are a lot more effective in removing vegetation and can go into poison oak areas which are all over the City. Any other method is much more expensive.

 

Comr. Stephens – The alternative is often herbicides not just people doing the actual work by hand.

 

Comr. Routhier – Makes a motion to proceed with recommendation with changes included. Seconded by Comr. Gerrie.

 

Comr. Stephens – Is their public comment on this motion?

 

Comr. Routhier – Do we need public comment again?

 

Comr. Stephens – Yes, because the motion was made now and we have proposed specific changes to what was originally proposed. We took public comment before there was a specific motion on the table. 

 

5 A. Public Comment on Motion

 

Richard Fong – Approves motion.

 

Public comment closed

 

Comr. Stephens – Vote to approve recommendation to send letter to ACC and City Office of Contract Administration for their comments.

Approved unanimously.

 

6. General Public Comment  None

 

7 & 8 Calendar items and task allotments

 

Comr. Stephens – Follow up on the last item.

 

Comr. Padilla – As to no-kill, requests that Rebecca Katz, Kat Brown, and Vicky Guldbech come and say to the public what they said at the meeting we had with them and go through the legislation in detail so the public understands their objections to it. Would like to hear from them why the legislation is not workable. Would like to hear what is workable within this framework. Would also like the President of the SPCA Board, who is the interim director, to come and present as well on what is unworkable, in the original proposed legislation, and what alternatives they have. Will also try to come up with a revised proposal  factoring in California’s statutory limitations. Concerned that three Commissioners are opposed to any legislation so anything proposed may not pass. Commends Comr. Stephens trying to get a working group together. Would like all those from the dog rescue groups to get together and talk and share resources.

 

Comr. Stephens – The appointment of Commissioners will take place in May or June. Was told to ask for a time at the Rules Committee when appointments are up at the end of April. The application deadline is 10 days before the Rules Committee hearing.

 

Adjournment 8:30 PM

 

Respectfully submitted by

Philip Gerrie

Commission Secretary

 

 

 

 

 

 

 

 

 

 

 
Last updated: 2/10/2015 4:15:42 PM