March 20, 2014

MINUTES
San Francisco Commission of Animal Control & Welfare
Thursday, March 20, 2014

 

1. Call to Order and Roll Call at 5:30pm

Commissioners present: Susanna Russo; Shari O’Neill, DVM; Jennifer Mieuli Jameson; Sally Stephens; Rebecca Katz; Zachary Marks; Russell Tenofsky; John Denny

 

2. General Public Comment

No public comment.

 

6. New Business (Note out of Order)

C) Commendation. The Commission will honor the actions of the San Francisco firefighters who went into adjacent buildings and rescued six dogs during the five-alarm Mission Bay fire on March 11, 2014.

Commissioner Stephens - As a pet owner, one of the things you fear is something happening and you are not there to help your animals. That's what happened on the 11th. There was a huge fire in the Bay Area. People were at work, out for errands, and suddenly, they were concerned about their animals. The fire department did some amazing things in keeping the fire from spreading from other buildings even though it was literally right across the street from it. There was damage to some of the other buildings. People were contacting the fire department, and although the pets were in buildings across the street, the heat from the fire posed a threat. There were windows that were breaking from the heat. As this was going on, people could hear dogs barking, and were calling the fire department. The fire department went through adjacent structures and rescued six dogs. The Red Cross took care of the dogs until the owners were able to collect them.

Commissioner Katz - Actually, it was more than six dogs, it was more like 10 dogs. The firefighters checked on other animals and determined they were safe where they were until their owners returned. The ACC officers were on the scene and did not have to take custody of any of the animals, which is better for us and the owners. The firefighters escorted residents to retrieve their animals once it was safe. It was scary for us and the mutual aid work of the ACC and SFPD is something we are very appreciative of.

Commissioner Stephens - Battalion Chief Brook Baker is here from the fire department. Would you like to say anything?

Battalion Chief Baker - I just wanted to thank you for recognizing our efforts. The fire department is is a very proud organization and we take a lot of pride in achieving our goals. This was a successful operation for us - it was a very large fire. The heat was so intense it was breaking windows across the street. One of the stories is about the first dog rescued. The firefighters retrieved him before ACC arrived. The firefighters put him in the rig, where there was heat. The sprinklers had gone off in the until across the street, and the dog was wet and cold. We want you to know, we go to fires every day and we always initiate a search and rescue for people and pets. Very often, we do rescue dogs, cats, birds, all sorts of pets, from fires big and small. This is part of what we do. Very proud to do it. As a pet owner myself, I understand how important our pets are. Thank you for recognizing our efforts. The fire department appreciates it.

Commissioner Katz - Thank you and let me know if you need any more animals. Battalion Chief Baker - My wife is a big rescue person. I've had foster dogs at home many times. Big pet lover, and thank you guys for what you do.

Commissioner Stephens - We'd like to present you with this plaque. (applause)

Commissioner Jameson - Is there anything on the fire trucks or in any of the fire vehicles for animals? I know there are oxygen masks for humans, and I've seen, for animals. Does the city have that kind of equipment?

Battalion Chief Baker - I do know there are individual companies throughout the city - In San Francisco, there are 43 fire stations. Among them, I know there are a couple of companies who have taken upon themselves to supply pet oxygen masks and such. Every single fire apparatus in this city has EMT emergency medical equipment but as far as I know, medical equipment for animals is not routinely carried on our rigs.

Commissioner Jameson - How often would that come up?

Battalion Chief Baker - It is very common that we find animals in structure fires. Cats are much more difficult than dogs to get out of the building. Humans and dogs are easy to get out of buildings. Cats are reluctant to get out. There's fish... I've seen parrots rescued from a building before. In terms of how often it happens, I'd say it's very common. In terms of providing medical aid, I have seen people adapt human oxygen masks to pets. Beyond that, we don't really carry any specialized equipment. We have a child size mask that fits pretty well on dogs and cats.

Commissioner Stephens - It would make an interesting fundraiser for some group to stock all the pet-specific breathing equipment.

Battalion Chief Baker - What we have works out pretty well. The animals are surprisingly good at either getting themselves out or finding a place in the building where they can seek refuge until we get there.

Commissioner Stephens - There was one case in Long Island of a dog in a structure fire. When they found the dog, he was in the bathtub because there was actually clean air that was coming up through the drain of the bathtub. So he was able to get enough clear air where he had some smoke inhalation problems but he didn't die. What a smart dog!

Battalion Chief Baker - This event the other day was really overwhelming. I wasn't in the area where they had gotten the dogs out of the building, but I'm glad we had success and thank you again for recognizing our efforts.

 

3. Approval of Draft Minutes from the February 20, 2014 Meeting

No changes, questions, comments, or public comments.
Minutes approved.

 

4. Chairperson’s Report

Commissioner Stephens - Just a reminder that there are several commissioners whose terms are expiring this year: Commissioner Fortier, Commissioner Russo and Commissioner O'Neill. If you guys want to resubmit your application, and if any members of the public want to submit applications, information is online. There's also a handout over there that board supervisors and the clerk put together that has more information. Commissioner O'Neill is a veterinarian who works in San Francisco and that is a requirement for her seat - to be a vet who actually practices in San Francisco. The other two seats - the only requirement is that you be a San Francisco resident and be interested in/care about animals. We encourage anybody who is interested in applying to do so. Everyone who applies will be heard before the Rules Committee of the Board of Supervisors and then they choose who to recommend for appointment. Any questions or comments from commissioners? Any public comment?

No questions/comments. No Public Comment.

 

5. Old Business

Commissioner Stephens - The San Francisco PD Vicious and Dangerous Dog Unit. Discussion only to update the commission on the status of the Vicious and Dangerous Dog Unit in light of the upcoming retirement of the officer in the unit. We talked about this at the end of last year and the commission took the position of wanting this unit to continue. Officer Denny is retiring in a few months and we want to make sure that the unit doesn't go away when he's not there. I had sent an e-mail to the Chief of Police and then called the office and expressed concerns about the unit continuing. I got two e-mails in the last couple of days. One from Deputy Chief Hector Sainez and it says "I am the newly appointed Deputy Chief of Operations. My office oversees the Vicious Dangerous Dog Unit. I appreciate your e-mail and recognize, as you mentioned, this unit has become a model for others, and I understand the need for the services we provide to the community of San Francisco. This is a success story. We reassure you that the SFPD will be assigning a full-time officer to the Vicious and Dangerous Dog Unit before Officer Denny retires, and we remain committed to working with our partners to strengthen established relationships." I also received an e-mail from a commander, Joe Garrity, who responded: "The SFPD will continue to staff the Vicious and Dangerous Dog Unit and Dog Court with an officer or a sergeant at this time. I agree with you and others that the program has been a model for other communities and a great resource for other city and county departments. I can remember when officer Mark Hurley started the Vicious and Dangerous Dog Unit, and how it has progressed as an important tool, resource, prevention and intervention program. When I was captain at Tenderloin Police Station, The Vicious and Dangerous Dog Unit and ACC were presenters, and the people at the Tenderloin monthly meeting and general public loved the presentation. Officer John Denny will be retiring in the spring of 2014 and a few subjects are being considered now as his replacement. The Vicious and Dangerous Dog Unit will continue. The person that will replace Officer Denny will spend time with him and train and monitor his duties. Please advise the Animal Commission that SFPD and Chief are committed to the unit and the program and investigations of each case. As a dog owner in this city, this is a program that's important all people to all people in the community." That was very reassuring and good to hear, that they're committed and will be staffing the unit and investigating cases - that's very good news. The next step is - Animal Care and Control have put in a request for a budget for someone to be the hearing officer. So we want to sit on the mayor's office and the board of supervisors and make sure that happens. Do you have any updates on that?

Commissioner Katz- We're beginning to put together some ideas about contracting for a hearing officer to oversee.

Commissioner Stephens - If you need any support from the commission or the community, just let us know.

Commissioner Katz - I don't expect there's any controversy about that piece of our budget.

Commissioner Stephens - Are there any questions or comments from our commissioners?

Commissioner Russo - Yes. If the plan is to get someone hired and in place and trained, I am wondering how much time there is left to do that before Officer Denny is gone. What exactly is your retirement date?

Commissioner Denny - May 31st. They have some subjects they're looking at, and obviously, having some experience in this area will be a great benefit. I guess I don't have the answer to that. I don't know when they plan on doing it.

Commissioner Russo - Are you involved in the selection process in any way?

Commissioner Denny - No.

No public comment.

 

6. New Business (Note out of order)

A) Support for AB2140 - The California Orca Welfare and Safety Act.

Discussion: possible action is to send a letter to the San Francisco Board of Advisors asking them to support California State Assembly member Richard Bloom's - he's a Democrat from Santa Monica - Bill 2140, the California Captive Orca Welfare and Safety Act. The act would end performance space entertainment for all orcas in the state, end captive breeding programs, import and export of orcas, and require all currently captive orcas to be retired to sea pens. Orcas are intelligent, highly social animals and should not spend their lives in small concrete tanks performing for humans' entertainment.

Commissioner Tenofsky - Thanks so much for opening this on the agenda. I brought this up because it's been in the news a lot lately. The scientific evidence is certainly mounting tremendously in terms of citations and specifically orcas - their intelligence and their family units and their empathy. I think this issue is pretty straightforward. A lot of people understand about captivity issues. I wanted to put this item out because I think it's relevant to the board and relevant to the commission. I want to quote Assemblymember Bloom: "There's no justification for the continued captive display of orcas for entertainment purposes. These beautiful creatures are much too large and far too intelligent to be contained in small concrete tanks for their entire lives. It's time to end the practice of keeping orcas captive for human amusement. In their natural habitat, orcas are family-oriented, highly adaptable, socially complex; with cultural traditions that trail only humans as the most intelligent creatures on this planet. However, in captivity, they have shorter lifespans, health problems, live in swimming pool-sized habitats that are approximately one ten thousandth the required size and demonstrate aggressive behavior towards one another and towards humans that have never been documented in the wild." To sum up, Bloom says "They simply do not belong in captivity." And just this morning, the LA Times put out an editorial supporting this and saying that killer whales do not belong in captivity and there is no truly humane way to keep them there. Captive breeding should end and the only way to achieve this goal is to inform the public about these issues. I think it's part of this commission's duty to inform the public about these issues and support these issues when they arise in the community.

Commissioner Stephens - Do you know what the status of the bill is? Is it in committee?

Commissioner Tenofsky - It's not in committee. It will go before the Assembly Water Parks and Wildlife committee on April 22nd.

Commissioner Stephens - Any public comments? Okay, one at a time and three minutes each.

Kevin Connolly - Thank you to the commission for entertaining public comments on this bill. My name is Kevin Connolly. I am a 25-year resident of San Francisco. I am the associate director of the Earth Island Institute, an organization founded in 1982 here in San Francisco by the famed environmental leader David Brower, located in the David Brower Center in Berkeley. Just wanted to show our appreciation for your consideration, and urge the passage... Earth Island is the organizational home to more than 65 projects working on a whole array of environmental and animal advocacy issues in the Bay Area, around the country, and over 40 countries around the world - and in the world's oceans as well. Locally we work on various animal issues. You might be familiar with our Project Coyote, who works on coyote coexistence issues in the city. There's also Project Nature in the City, which works with SF Environment, the Parks and Rec on various volunteer projects for habitat restoration, for birds and butterflies and other species here in the city, to our bear wilderness training - where we get at-risk urban youth out on wilderness adventures. So we have a long history of working with commissions and departments within the city and one of the projects we're most noted for internationally is our work on behalf of cetaceans - marine mammals, whales and dolphins around the world. I have two colleagues here with us who will speak more to the legislation that's proposed and to the scientific basis for the advocating of the adoption of this bill. Our work with the International Marine Mammal Project is worldrenowned. My colleagues and our co-executive director Dave Philips instituted the worldwide dolphin safe tuna labeling, and we continue to monitor the world's oceans for compliance to that standard. We are the folks who - if you've seen the film Free Willy - freed the whale Keiko and returned Keiko to the wild. More recently, our colleague Ric O'Barry's work was highlighted in his efforts to protect whales and dolphins in Japan in the Academy Award-winning film The Cove. On behalf of our organization and me personally being a fan and friend of marine mammals, seeing them in the wild and in captivity - I appreciate your consideration and urge you to endorse this legislation. We are in contact with Representative Bloom, and will further comment in support on April 22nd. Thanks again.

Mark J. Palmer - Thank you. I am Mark J. Palmer, the associate director of the International Marine Mammal Project of Earth Island Institute. Earth Island Institute was established by David Brower. Some of you may have known Dave when he worked on the Protection of the World Environment. We are supporters of AB2140, and are working with Assemblymember Bloom to get this through the California legislature. A tough haul, I suspect, given the interest. There's only one facility in the state of California that has captive orcas at this time - it is Sea World of San Diego. They have ten captive orcas there that they involve in various programs that I don't think are terribly educational for the public - they're essentially circus performances by these animals. They're extremely intelligent animals, animals that are not well-suited for captivity in any way, shape or form. For example, Ric O'Barry from our office in Miami states that captivity takes the two most important things away from these animals. One is their relations with their brothers and sisters - as adults, these animals usually live with their families for the entire length of their lives. When you remove them from the wild and put them into captivity, you put them into captivity with strangers. This causes a great deal of stress and fighting back and forth between the animals, a lot of juggling by people at Sea World to keep them in different tanks so they don't attack each other. The other most important thing it removes them from is the freedom of the ocean and their environment that they live in. These are animals that swim many miles, they eat live fish - to trade that for captivity in very small tanks where they can't use their sonar, where they are indeed given dead fish rather than live fish - nonetheless, very good veterinary care and as Commissioner Tenofsky has said that the animals just don't live as long in captivity as they do in the wild. So we're hoping to phase it out and to remove these animals from captivity. Most of them will be retired to sea pens - a large enclosure where they could feel the impact of the bay. They would still be available for public review, but they wouldn't do the dumb tricks they're doing now - the leaping out and the riding on top of and other things that aren't terribly scientific and don't happen in the wild. At the same time, some of them may be able to be released. We're not sure about that. That will require considerable work. Again, we are in support of AB2140 and we hope you can all support it.

Public comment closed.

Commissioner Stephens - Are there any orcas in the Bay Area?

Commissioner Tenofsky - No. There are no captive orcas in the Bay Area. The only captive orcas in California are at Sea World in San Diego. There are, however, pelagic whales that go out to the Farallons and there are also the J, K and L pods from Peuget Sound that do come down and their territory does sometimes extend to the bay.

Commissioner Stephens - Sea World - it's not just San Diego, right? Do you know how many there are?

Commissioner Tenofsky - They own 3 facilities in the States.

Commissioner Stephens - Orlando, Texas, and San Diego. And they all own orcas and do dolphin shows too.

Motion to pass item 6A by Commissioner Tenofsky. Second by Commissioner Jameson. Motion passed.

 

6. New business (note out of order)

B) The right of safe passage for whales and dolphins in the waters near San Francisco.

Discussion: possible action to send a letter to the San Francisco board of supervisors encouraging them to support the free and safe passage of all whales and dolphins in our coastal waters, San Francisco Bay and its estuaries, and to encourage citizens to do all within their power to protect them and preserve their natural environment. Commissioner Tenofsky.

Commissioner Tenofsky - This is on the tail of the previous item. This was a resolution that was recently passed in Malibu and it is something I think that tremendously affects the bay and our waters and estuaries in San Francisco. Certainly, recent scientific studies have greatly increased our knowledge about the lives of whales and dolphins in the waters of the Bay Area. We know from scientific evidence that whales and dolphins are highly intelligent sentient emotional marine mammals who live in families or close-knit socially oriented groups. We also know that the lives of cetaceans are affected by even the subtlest changes in their environment. The cumulative scientific knowledge has led to a tremendous surge in peoples' concerns for the lives of individual whales and dolphins. The understanding and concern has gone so far that recently we've seen competing factions in the Bay Area have agreed to, for instance, change shipping lanes to protect whales. Scientists have shown that changes in the environment are greatly affecting cetaceans' behavior. Recently about 60 coastal bottlenose dolphins have been spotted traveling from southern California going way past the San Francisco Bay waters off Bodega Bay. Apparently this is pushing the extreme northern limit of their range, and scientists say that this is 10% of their entire west coast stock - these aren't migrating animals, but animals moving weekly and not making short trips. Thankfully, the news regarding cetaceans living in the San Francisco Bay and its estuaries is not all bad. There has been recent documented evidence of the return of the Pacific Harbor Nose Porpoises, after over 60 years of being absent from the San Fransisco Bay. According to the U.S. National Oceanic and Atmospheric Administration, there are over 9,000 now living in the San Francisco/Russian River coastal population. The population has flourished so much that maybe some of you have seen that scientists are looking down from the Golden Gate Bridge and are able to identify individual animals. One animal named Scoliosis because of her very strange back has been seen quite a few times. Most recently, in the past few months, was seen with a calf, which is great news for the population, showing how well it's thriving. They have also identified one of the two only known all-white porpoises, which they've named Mini Moby. The scientific knowledge demands that people who are concerned for animals and dolphins and whales and all cetaceans continue to speak out on their behalf and continue to fight for their right and safe passage through the waters of the San Francisco Bay and its estuaries.

Commissioner Stephens - Did you say that they have changed shipping lanes or they want them to?

Commissioner Tenofsky - They have changed, yes. It happened last year. I can't remember all of the organizations and commissions and committees that came together but they did all change the shipping lanes.

Commissioner Stephens - Are there any threats that this is designed specifically to address?

Commissioner Tenofsky - There are constant threats to the animals and cetaceans in the bay. Scientific studies have shown just how fragile their environment is, even seismic activity from U.S Navy testing or other oil and drilling testing for natural gas changes their behavior. We have a recent study that's shown how much those seismic waves change the behavior and the calls of humpback whales - change their breeding calls and obviously that affects their entire population. I know that with other animals, even just the noise of boats - like whale-watching boats - affects their behavior tremendously. Pollution and access and tidal changes are all tremendous changes to what's going on in their environment and that really affects them tremendously.

Commissioner Stephens - The seismic waves - we don't do that drilling in San Francisco.

Commissioner Tenofsky - My point is that any sound that is coming off a boat or whalewatching boats is affecting their behavior and affecting how they are breeding. Pollution is obviously a tremendous concern. Stock of fish is a tremendous concern; what they eat. Even just the subtlest changes affect them.

Commissioner Stephens - I'm behind this all and think this is great but I am unsure - there's nothing really specific that you're asking or addressing in this. It's more of just a general...

Commissioner Tenofsky - Just a reiteration that this is a concern for us. I can't speak to it personally, but I know there are some people here who were involved in what was passed in Malibu, and involved in the cetacean issues all up and down California. The San Francisco Bay out to the Farallons and the waters all around the bay and its estuaries are home to a myriad of cetaceans. The Farallons and the Cordell Bank have the most diverse wildlife areas in all of the country, if not the world. I feel it's our duty to help protect these animals when we can, and to speak out on their behalf when we can. This is just a reiteration of that.

Commissioner Stephens - I agree - hopefully someone will read this or look at the agenda and start thinking about everything. I'm just not sure if it's something the board - we have a limited number of arrows we can shoot at the board, so to speak. Historically, the commission's not been particularly well-regarded by the board - they've thought we were on the crazy side - wacko - "oh, those crazy animal people," that kind of approach. Personally, even though I am completely behind everything, I'm not sure that this is something that we need the board to take an action on. Giving information to the board and asking them if there's information that they could put out in their newsletters - I think that would be a great thing, and maybe that's something that the Earth Island Institute could do, or even you could do, but I'm just not sure... what do we want the board to do? Do we want them to pass a resolution about this?

Commissioner Tenofsky - Yes. Just as they did in Malibu, I want them to pass a resolution saying that this is something they're concerned about and that this is part of their agenda. And as you were mentioning, what that does is allow people to see that their government, their commissioners, their leaders are concerned about these issues and these are issues to be concerned about as well.

Commissioner Stephens - Any other comments or questions?

Commissioner Tenofsky - Can I ask a basic procedural question? Are there a specific number of items that we are allowed to pass on to the board of supervisors?

Commissioner Stephens - No. It's more like... the more things we send to them, especially the more things that aren't a very specific thing we want them to do, they just stop listening.

Commissioner Tenofsky - I understand, but again, this is something that other cities have thought, and the leaders of those cities have thought, that this is something important that they should bring forward and to pass themselves.

Commissioner Katz- You need a champion at the board for anything you're going to bring to the board. Going to the well a few times can be challenging, I think.

Commissioner Stephens - When you say champion, you mean a supervisor, correct?

Commissioner Katz - Yes.

Commissioner Tenofsky - I understand.

Commissioner Russo - Have you talked with anyone on the board of supervisors?

Commissioner Tenofsky - I have not, as of yet. There was a time issue with that. This just came out recently. It's something I believe we should support, just to keep the public information up. It also goes very well with the item that we just passed and shows that we are very committed to these issues.

Commissioner Russo - Based on my previous experience trying to encourage the board to pass measures - if you don't have someone who says "yes, I believe in this, yes, I'm going to commit time, staff, etc." and have that lined up ahead of time, things just get lost and go away for lack of attention. Sometimes it's less effective if the commission votes to put something towards the board that doesn't already have support. It can make us look less effective.

Commissioner Tenofsky - I understand your concerns, but I'm not sure that as a commission we should be concerned with what the board of supervisors picks up, I think our concern should be what we think is correct and right. And it sounds like all of you are saying this is something we believe in - it doesn't have to be picked up by the board of supervisors to be successful and to show the public that this is something the city of San Francisco endorses. We are obviously a commission credited by the San Francisco board of supervisors. We have some gravitas ourselves. We have some weight that can be shown in the public, and we are in some sense, a force. So we would be able to use that force and show what we believe in. It seems like this is something people say they believe in, yet their concern is that others aren't going to endorse what they believe in.

Officer Denny - I'd like to chime in. I'm a big fan of this too. Not long ago, I was swimming out at China Beach, going parallel to the shore, and when I took a breath I looked up and saw dorsal fins. When you're in the water and see any dorsal fins, that's bad news. But it turned out it was a pod of dolphins swimming towards the Golden Gate. It was very exhilarating after my heart started beating again. I'm a huge fan of this. My only concern, procedurally, is - I've been on this commission a long time, and when they hear from us, the first tendency is to roll their eyes. With 6A - support for AB2140, we're going to a send them a letter, and I think that's the focus of the communication. I think if they if they got the other thing right on the heels, it might dilute the impact of what we're asking them to do to help the orcas. It's just a gut feeling. It's just how things that come from this commission are perceived. It hasn't happened recently, but in the past, some strange things have come from the commission. I think the board of supervisors were holding us at arm's length for some time. I think the smart play right now would be to write the letter for the orca legislation, and see who bites. I'm in favor of sending this item too, but I'm just wary of them hearing from us too often. That does sound pretty sheepish, though, when I put it like that, but that seems to be the facts.

Commissioner Tenofsky - I can appreciate what you're saying. I understand the politics of the situation. I don't think we should sit back and not act on how we believe. The San Francisco board of supervisors' take is their own issue. Us passing this is our issue. This is something we're concerned about, apparently, and we believe in, we shouldn't, as you just said, sit back and not pass something that we believe in just because we think that the board of supervisors is going to think it's too much that we're sending them information.

Commissioner Marks - I agree with both sides of what's been said here and I agree with your statements as well. It seems the point of contention is what we're specifically asking the board to do, if they should encourage, on their own, taking a position or not, and it seems like - I would be supportive of still sending a letter to the board, advocating or stating our position and like you said, it would be up to them if they wanted to take up this issue or not. I think that we should express our beliefs, our opinions on this issue to the board - not necessarily advise them to pass a resolution on their own.

Commissioner Katz - You might want to make a determination on how hard you want to push for something as well. That becomes a question too. The position of the commission, or urging the board to take action may be two different things.

Commissioner O’Neill - Russell, do you have something prepared? This is a discussion/ action item.

Commissioner Tenofsky - It was sent around, yeah. It's part of the paperwork that was handed out. I know it was one of the attachments that Sally sent.

Commissioner Stephens - And there's a copy of it on the table for anyone in the audience.

Commissioner Tenofsky - It's essentially what was passed in Malibu. I may be incorrect, but I believe what happened in Malibu came from the mayor him or herself. It was something put out by the city government.

Commissioner O’Neill - Perhaps, instead of looking at it as a resolution, it could be that this is more of an awareness issue? This goes back to what the goal is - if we want the resolution, or is the first step just to make everyone aware and then see if someone does take an interest - and then we could go to the next step.

Commissioner Marks - Passing the resolution is making them aware.

Commissioner O’Neill - I agree, but it seems like - based on our experienced members here, asking them to pass a resolution may be more than the first steps of just letting them be aware that this is happening in other places and maybe some examples - more of an awareness type thing rather than asking them specifically to pass the resolution. Does that seem like a reasonable first step?

Commissioner O’Neill - What if we as a commission were to pass this resolution rather than asking the board of supervisors to do so? We could change the resolve to "The Commission of Animal Welfare supports the free and safe..."

Commissioner Tenofsky - I was going to make that suggestion but I'm not sure what the technical difference is.

Commissioner Stephens - I wonder if there's a way to essentially combine 6A and B and add a "whereas" to whatever the letter you write in support of AB2140 that also would call attention to this idea. Then when you go and advocate with the supervisor to make the idea of safe passage part of it... it's very similar subject matter and two separate items coming at the same time with very similar subject matter might be - they might pick one or the other and I don't know that either of them is more important than the other. That might be a way to not lose the idea of raising awareness among the supervisors about the issue of safe passage, and as you're mentioning, some of the other issues of pollution and things going on that affect the animals. Folding that in with the reason why they should care about the orcas at Sea World is in part because of all these other issues. It might be a way to do both at the same time.

Commissioner Tenofsky - I'd actually like to keep them as two separate issues because I think they are two separate issues. One is an actual piece of legislation and one is a resolution. Us passing this resolution and the board of supervisors picking it up is their determination. I think they're bright enough individuals to see the difference between the two. As I said, certainly the Malibu resolution has gotten so much press recently that I wouldn't be surprised if they bought it on their own.

Commissioner Stephens - Any public comment?

Mark Palmer - Mark Palmer from Earth Institute again. We are in support of this. Malibu just passed their resolution February 24th. We're going to look at other cities and counties and other governments up and down the coast to pass these kinds of resolutions. It is an effort that is greater   than just the city of San Francisco. But I would hope you would bring it to the attention of the board of supervisors as a separate resolution.

Kevin Connolly - I appreciate you bringing this forward, Commissioner Tenofsky, and for all of you, I appreciate your conversation here, it's very insightful. I would also urge you to pass this resolution in addition to - our colleagues here from the International Mammal Project, which you've heard of before. Earth Island Institute is also the home to the Great Whale Conservancy as a project, and it's part of our campaign that safeguards America's waters based in Alaska, the northern home of many of the migratory whales that pass through our California waters en route to their calving grounds in Baja, Mexico. Michael Fishback, the project director, has been working down there for over 30 years on both mortality and the births and deaths and of tracking them. Affiliated with our project in Earth Island a few years ago, specifically around this issue, around ship strikes - ship strikes have emerged. One of the largest impacts on the recovery and survival of a variety of whales, specifically on the largest marine mammal, the blue whale - for that reason, along with the commissioner, our enjoyment here in the bay waters and coastal San Francisco - as a sailor on the bay, riding on ferries and seeing the majestic animals from a safe distance, protected by the federal guidelines, is just such a thrill and a big part of tourism, as we've seen in other areas like Malibu. It's why people come here, it's such a vital part of our economy to see and appreciate these wild marine mammals. To the point Commissioner Tenofsky made, there is an effort and recognition from governments, as we've seen with the Malibu legislation, and your consideration of this - but also from the maritime industry and from the government and others looking at this issue and recognizing it becoming a problem. There were some agreements made last summer to voluntarily amend some of the shipping routes to avoid strikes, during the migratory season. Also being a tech city, people are looking at ways to work with the shipping industry to provide alerts to slow down to provide safe passage - so, there's wide and growing awareness of this issue. We were encouraged as advocates by Malibu, and being that this is my home of 25 years and appreciating the bay and coastal waters and these animals, I appreciate your consideration. One of our founder David Brower's favorite quotes was to quote Goethe: "Boldness has genius, magic and power." I encourage you to be bold and put forth this resolution to the full board of supervisors. Thank you for your time.

Laura Bridgeman - Hi, my name is Laura Bridgeman. I work with the International Marine Mammal Project with Mark Palmer. It's a project of the Earth Island Institute. I've lived in San Francisco for 3 glorious years, never want to leave. In early February, Dr. Laura Rosenthal, who is the councilmember for Malibu City Council approached me and wanted help drafting this proclamation. On February 24th, 2014, it was stamped by Mayor Joan House. So I really hope that you can support this resolution because dolphins and whales - although we don't have any in captivity in San Francisco - they need as much protection from us as they can get. This resolution is very important.

Public comment closed.

Commissioner Tenofsky - Motion to pass resolution 6B.

Commissioner Jameson - Second the motion.

Commissioner Stephens - What do you want in the letter?

Commissioner Tenofsky - Just what I drafted.

Commissioner Stephens - Okay, got it.

Motion seconded. Roll call of votes:

Commissioner Tenofsky: Aye.

Commissioner Jameson: Aye.

Commissioner Marks: No.

Commissioner O'Neill: No.

Commissioner Russo: Yes.

Commissioner Stephens: No.

Commissioner Stephens: It's a tie, 3-3, because one of the commissioners was not here. So we will take this up next month.

 

7. General public comment.

No public comment.

 

8. Items to be put on the Calendar for Future Commission Meetings.

Commissioner Stephens - Next month, we will have a presentation on coyotes in parks being organized through Project Coyote with a ranger up in Marin County who's going to speak about it and what to do if you encounter a coyote in a park and that sort of thing, their behavior... the pupping season is about to begin so it's important to remind people. If there's anything else anyone wants to put on the agenda.

Commissioner Tenofsky - Do I have to put this item on the agenda or is it automatically on there?

Commissioner Stephens - It's automatically on.

Commissioner Russo - I have a question that doesn't relate to the agenda. My question goes back to the old business. Sally, were you planning to respond to either or both of the e-mails from the police department?

Commissioner Stephens - The one I just got. The other one, I did send a thank you, and that I was glad to hear of Deputy Chief Szinez’s. The one from Commander Garrity, I literally got about two minutes before the meeting.

Commissioner Russo - I would like to read them. I listened to what you had to say, but there was a fair amount of information so I would like to read them. I also hope that you will respond and express - maybe I'm the only one, but I have real concerns about the timeline. I don't know if this is becoming an action item or whether you were planning to respond to it, but I'm just concerned that the replacement for Officer Denny - that person be training while he is still in that position. It seems as though we're - well, the process is late. I just have a real sense of urgency about it. So if you are planning to respond, I'd like to read both e-mails and also read your responses.

Commissioner Stephens - I think because I read them it's public knowledge so I can certainly forward them to you and anyone else on the commission that would like to see them. The public has had a chance because I did read them so they could see what they are.

Commissioner - This thought has been percolating as we talked about other issues.

Commissioner Stephens - I was planning to respond, and I will mention that concern. I don't know that we need to agendize it for another meeting, however, but yeah.

Commissioner Russo - I wasn't really asking for that.

No public comment.

 

9. Motion to adjourn.

Motion to adjourn passed.