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City and County of San Francisco
Commission of Animal Control & Welfare Archived Meetings

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COMMISSION OF ANIMAL CONTROL & WELFARE

Mailing Address: City Hall #1 Dr. Carlton B. Goodlett Place, Room 453
San Francisco, CA 94102
Voice Mail: (415) 554-6074
Website: www:sfgov.org/awcc

MINUTES OF MEETING - July 10, 2003

1. CALL TO ORDER AND ROLL CALL

Chair Kennedy, who presided during all aspects of the meeting, convened the meeting at 5:37 p.m. Eight Commissioners (or lawful designates) holding valid appointments being present, the quorum requirement of Section 6 of the Commission's Rules & Regulations (50 per cent of those eligible to vote) was satisfied.

Commissioners in Attendance: Chair, Laurie Kennedy, Vice-Chair, Sherri Franklin, Elissa Eckman, Esquire, Capt. Vicky Guldbech, Animal Care & Control, Kelly Jensen, DVM, (arrived at 5:55 p.m.) Chin Chi, Susan Wheeler, Sgt. William Herndon (arrived at 5:50 p.m.), Absent with excuse: Jack Breslin, Department of Health, Absent without excuse: Jamal Modica

Also, the continued absence of Recreation and Park

The Chair stated the Comm. Modica has missed three meetings without excuse which is deemed as resignation according to rules and regulation of the Commission. The Chair will post the vacant seat and also inquire as to when the hearing would be scheduled before the Rules Committee.

2. Public Comment

The Chair opened the meeting to public comment.

Eric Mills, Action for Animals stated concerns regarding live animal markets and their relations to SARS and other communicable disease. He further stated that China has ban on selling, keeping and eating of all wild life.

3. Approval of the draft minutes of June 12, 2003

The Commission unanimously approved the minutes with corrections.

4. Chairperson Opening Remarks

The Chair welcomed everyone and thanked all for coming to the meeting. The Chair further stated that this meeting had a full agenda but wanted to keep the adjournment of the meeting to 7:30 p.m. Each speaker would be kept to his or her allotted time limit.

5. Commissioner Comment

No Commissioner Comment

6. Committee Reports/Commissioner's Reports

    a. No report from the City Attorney

    b. Nothing new to report

Public Comment:

Eric Mills stated his continued concern for the conditions of the live animal markets and their relation to various communicable diseases. Corinne Beuchet stated her concerns regarding the terrible conditions of the live animal markets in the Sunset District. Comm. Eckman urged Ms. Beuchet and the other Commission attendees to write their Supervisor and express their concerns. Elliot Katz supported both speakers concerns. Bob O'Brien inquired of the status of live animal markets. Comm. Eckman stated that the Commission has continually struggled with the issue for many years. Comm. Franklin stated the Commission is advisory to the Board of Supervisors and it is up to the Board to take action on advice received from the Commission. There has been involvement of various agencies, Fish and Game, SFPD, and ACC in attempt to close these markets. Nadine May stated that the ACW Comm. has recommended in the past to the Board of Supervisors that markets be closed.

Commissioner Comment:

Capt. Guldbech has spoken with Jack Breslin, Environmental Health, DPH, whose strong opinion was that the live animal markets concerns are not health related issue as much as they are animal welfare related issues. Comm. Eckman stated AB2479 addressed the issue on statewide level, which requires animals sold for food have sufficient space, and also be treated humanely. Although there is a State Law, there has been no compliance within the City. The Commissions difficulty is dealing with the application of the state law. It was noted that Jack Breslin had said that there was a citation issued to one of the markets. Comm. Eckman reiterated her earlier statement and urged the audience to write their Supervisors to express their concerns.

7. Status and tracking of letters of recommendation approved by the Commission, requesting action by the Board of Supervisors.

    A. All accounted for.

8. Old Business

A. Cambridge Ordinance

    Comm. Eckman has been in communication with Susan Roy of In Defense of Animals, and an attorney in Washington, D.C. who have provided information. Comm. Eckman is currently trying to find out what connections the City has with UCSF that would give the Commission jurisdiction to enable them to establish a Commission on Animals in Laboratories (CAL), that would have ability to access UCSF live animal testing areas. The City Attorney will contact the attorney in Washington who is willing to assist with legal arguments that would be brought before the Board of Supervisors.

Public Comment:

Lurilla Harris suggested a committee be appointed to address the Sunshine Ordinance, which would apply to the City regarding public records and public access, which the public is paying for

    Commissioner Comment:

    Comm. Eckman stated addressing the Sunshine Ordinance as it applied to UCSF was a good idea and would pass it on to those that are assisting the Commission. Comm. Eckman further stated live animal market is a difficult issue. The next step would be the City Attorney contacting the attorney in Washington to try to answer jurisdictional questions and she will also forward the Sunshine Ordinance.

B. Responsible Dog Guardianship Legislation Package

The three included in the package:

1. Ordinance for welfare, care and maintenance for dogs who are housed primarily outdoors.

2. Amendment of Section 40 of the SF Health Code, increasing the penalty for individuals who fail to remove and properly dispose of their dogs feces on public or private property within the City.

3. Amendment of SF Health Code adding Section 39, which would require dog guardians or those responsible for said dog to exchange personal identification and rabies shot verification.

Comm. Franklin stated that suggested language given at the last meeting was incorporated into ordinance. The Commission has also been in contact with Supervisor Dufty's office who will most likely carry the ordinance.

Comm. Guldbech added language under Item A, regarding shelter requirements, "a dog must have equal space outside the shelter." Section D was wordy and was changed and made easily defined. Tethering was also redefined for ease in interpretation. The penalty section would be at the department's discretion. Their goal is compliance not penalty.

Public Comment

No public comment

Comm. Wheeler suggested the height requirement be added to the language. Comm. Guldbech stated the type of stake would be approved for use by the ACC. Information would be distributed to individuals on the type of stake approved and also what pet stores carry the supply. Comm. Franklin will be contacting Supervisor Dufty this week to request he carry the package.

Comm. Eckman motioned to make recommendation to the Board of Supervisors; Comm. Kennedy seconded it. Vote: Jenson-approve, Eckman-approve, Franklin-approve, Kennedy-approve, Chin Chi-approve, and Wheeler-approve.

Motion passed.

C. Proposed establishment of local ordinance that would prohibit veterinarians from declawing of cats.

      Comm. Wheeler reported that Lauri Fazell was unable to obtain the percentage of revenues which comes from declawing procedure, but was able to obtain approximate number of veterinarian clinics that performed declawing vs. those that did not declaw cats. It was found the majority of veterinarians do declaw without asking many questions. Comm. Wheeler was in contact with Mr. Jenvel at the PAWS Project to inquire how veterinarians dealt with declawing issue, and also asked should S.F. attempt to pass an ordinance banning declawing given there was action on the State level. Comm. Wheeler will report her findings at next month's meeting. Comm. Wheeler recommended that the Commission pursue passing an ordinance on declawing. Considerable discussion followed:

    Public Comment

    Lurilla Harris suggested that a questionnaire be sent to the Veterinarians requesting information.

    Tom Mack, practicing veterinarian, representing the Board Member of the California Veterinarian Medical Association (CVMA) stated the CVMA is strongly opposed to proposed ban on declawing ordinance. CVMA believes the decision to declaw a cat should be made by the owner in consultation with their veterinarian. Veterinarians need to continue to consult with their clients and explore all possible alternatives. Declawing may be the only available option that provides a family to keep their cat in their home. Procedure should be kept legal and performed in the best interest of the cat. Veterinarians are professionally trained to distinguish medical and behavioral problems, and need to be able to continue to consult and educate their clients on the issue. The underlying consequences could lead to increase owner abandonment or euthanasia by pet owners if the public is stripped of their choices. Dr, Mack respectfully urged the Commission to consider leaving the choice of declawing between owner and Veterinarian. If it were a life or death matter, than declawing would be the procedure to save the cat. Dr. Mack further stated that very few declawing procedures are done.

    Comm. Kennedy requested that Dr. Mack contact Comm. Wheeler and share information.

    Comm. Chi stated that the Commission wrote educational pamphlets three years ago on why declawing was not good and the other alternatives. Comm. Chi asked whether members of CVMA would agree to keep this pamphlet in their offices and encourage clients to read it before making decision.

    Comm Herndon stated that if legislation was passed in SF and owners could still go to surrounding counties. Could some type of agreement with the veterinarian community to distribute pamphlets be made so that Commission could be assured that information was going to owners considering declawing procedure?

    Comm. Jenson asked Dr. Mack if the CVMA was concerned if new veterinarians entering a practice would not be able to voice their ethical concerns regarding this practice? Wouldn't the law help a young veterinarian, not wanting to do procedure, but felt pressured to do procedure?

    Dr. Mack responded that no one should be forced to do a procedure. The CVMA respects the need and knows the difference between behavioral and pain control. The issue is addressed in the most humane way.

    Comm. Wheeler stated there are more humane alternative ways of dealing with cat clawing issues.

    Dr. Mack stated that veterinarians do not like to declaw cats, but when it is necessary to save cats life, it would be done.

    Comm Eckman asked Dr. Mack what is the position of the CVMA on other elective types of surgeries, such as cosmetic surgery, cropping and docking.

    Dr. Mack stated that the CVMA is opposed to any type of cosmetic surgery. They strongly advocate that animals be kept in their natural way. CVMA.

    L'Danyielle Yacobucci, disagreed with the CVMA. Her main reason for disagreement was there was insufficient education of the public. Procedure is not done in the best interest of the cat.

    Dr. Norman Freed, agreed with Dr. Mack, he stated most of the veterinarians do not advocate declawing, but felt procedure should be done when necessary.

    Lana Basel reported that she canvassed all Vet Hospital in SF and found out of 26 veterinarian hospitals, 14 did perform the declawing procedures, 8 would try to discourage, and 4 did not perform procedure.

    Jean Lindgreen, a volunteer with SPCA stated that many cats that have been declawed end up at the SPCA with behavior problems after being declawed. Training is possible as an alternative to declawing. She agreed the Commission should recommend declawing ordinance.

    Volunteer at Pets Unlimited supported ordinance. When asked, customers who come to Pets Unlimited are not aware of the process of declawing. She felt veterinarians were not educating public on declawing issue and is in favor of the ordinance. Dr. Elliot Katz, in favor of declawing ordinance.

    Linda Fisher, opposed declawing. She worked as veterinarian technician for ten years and has assisted in many declawing procedures. In her experience working with veterinarians did not ask questions, did not provide any education before performing procedure.

    Dr. Ron Cole believes it is not a matter for legislation but a matter for education. Declawing should be procedure of last resort but needs to be used as a last resort, education is important. June Wilson suggested using other alternatives of training. Martha Hoffman felt veterinarians needed to be educated.

    Commissioner Comment:

    Comm. Guldbech stated behavior problems develop but owners need to be educated by their veterinarians. Comm. Guldbech will be speaking before the CVMA and will bring up this issue. Comm. Guldbech further stated that she is against this procedure and would like to see this procedure stopped. Comm. Eckman stated the public should be informed of the natural behaviors of cats.

    Comm. Kennedy stated that from her experience it was lack of education. Comm. Wheeler found from research conducted, that veterinarians were not educating owners about alternatives to surgery, or about the actual surgery. Comm. Jenson. stated that there was a disconnect between education of veterinarians and what happens in real life. The community needs to take steps to ensure new graduates are educated on declawing and also give them the opportunity not to have to perform the surgery. Comm. Jenson stated she is against declawing and felt the only way to be effective was to promote education.

    The Chair urged Dr. Mack to speak to other veterinarians who are taking part of this procedure, veterinarians outside of his clinic but are part of the CVMA what education is given to the clients before the decision to declaw is performed. Comm. Wheeler would service as his contact.

    Comm. Wheeler stated she would be interested in knowing what counseling is given to clients so that it could be considered in discussion.

    Comm. Eckman stated that speaking about educating veterinarians should be dealt with at the medical school level. Veterinarians do not want to advocate for a particular position and offer clients other alternatives and try to be objective. Most veterinarians err on the side of the client's feelings. A component of veterinarian's education, should be a requirement to take class on ethics in order to be aware of the opinions of the different communities.

    Comm Kennedy suggested Comm. Wheeler contact the key individuals in West Hollywood, Dr. Mack discuss the issue more with the veterinarian community and connect with Comm. Wheeler. The information provided would help reach the same goal. Comm Kennedy also asked Comm. Guldbech when speaking at the CVMA to bring up key issues that were shared with Dr. Mack. (Discussion Item to be continued)

9. New Business

A. Eradicating "Commissioner Comment" as official comment:

Comm. Eckman stated in order to remain compliant with the Sunshine Ordinance and to remain on issues on the agenda and not stray to other issues, Commissioner comment, Item #5, should be removed from agenda.

Public Comment: Dr. Katz, June Wilson support removing Commissioner Comment.

Comm. Franklin introduced motioned to vote on eradicating Commissioner Comment; Comm. Chi seconded the motion. Comm. Eckman, motioned to delete Commissioner Comment from Agenda, seconded by Comm. Franklin. Vote: Jenson-approve, Eckman-approve, Franklin-approve, Kennedy-approve, Chin Chi-approve, Wheeler-approve. Motion approved by unanimous vote.

B. Proposed resolution reaffirming ACW as official venue for all issues regarding animals in public, private and commercial care within the City and County of San Francisco

Item B was continued for discussion at next months meeting. Comm. Eckman suggested that Comm. Chi review proposed language with the City Attorney, Rosa Sanchez.

10. Public Comment:

Dr. Katz offered stated In Defense of Animals has posted $1,500 reward for information on the persons who tied the hen to the helium-filled balloons and offered posters to be circulated within the community. Dr. Katz also suggested that Comm. Jenson be consulted for her input as well as Dr. Mack. L'Danyielle Yacobucci read statement from Mary McAllister in support of proposed resolution to reaffirm mission of the Commission. June Wilson informed Commission and audience of the Zoo audit tomorrow, 2:00p.m. Room 263 City Hall.

11. Calendar Items

Comm. Chi suggested letter of commendation written for Officer who shot down balloons tied to the hen.

12. Closing review of task allotment and next steps

Comm. Kennedy will post Commission seat vacancy.

Comm. Franklin and Guldbech will set up appointment to speak with Supervisor Dufty

Comm Wheeler will continue communication with PAWS Project, Dr. Mack and Comm. Jenson.

Comm. Kennedy when writing up the agenda will delete Commissioner Comment from agenda

Comm. Eckman will continue to work on UCSF/Sunshine Ordinance request.

Meeting Adourned at 7:45 p.m.

Dated: 13th July, 2003