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COMMISSION OF ANIMAL CONTROL AND
WELFARE
Mailing Address: 1390 Market Street, Room 822
San Francisco, CA 94102
Voice Mail: (415) 252-3817
MINUTES OF MEETING - JUNE 13, 2002
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the June 13, 2002 meeting of the Commission of Animal Control to order at approximately 5:40 p.m., at City Hall, Room 408, San Francisco California.
Commissioners in Attendance: Chair Elissa Eckman; Vice-Chair Sherri Franklin; Secretary June Wilson; Cheryl Bentley; Kelly Jensen, DVM; Laurie Kennedy; Jamal Modica; Jack Breslin, Dept. of Health; Carl Friedman, Animal Care & Control, Sgt. Bill Herndon, SFPD.
The meeting was convened at 5:40 p.m. by Commission Chair Eckman, who presided during all aspects of the meeting. Seven Commissioners (or their lawful designates) holding valid appointments being present, the quorum requirement of Section 6 of the Commission’s Rules & Regulations (50 percent of those eligible to vote) was satisfied.
Absent: Rosa Sanchez, City Attorney.
Commissioners leaving early: Coms. Breslin, Herndon Friedman(7:15)
2. PUBLIC COMMENT
Steve Cockrell, President, City Dogs SF, thanked the Commission for its letter to the Board re the RPD dog policy, and advised that the item is going for hearings.
He further noted that in March the Golden Gate Audubon Society put forward a plan for quail recovery in SF that many felt had serious issues regarding cats and dogs, trees and public input, and that those issues had been raised, but the Audubon Society has not responded to requests to meet. He requested the support of the Commission in having a quail recovery plan that has community consensus and is sensitive to the needs of pet owners and all members of the community.
Frederick Hobson noted that two items he had discussed were not included in the last minutes and requested they be included: 1) That he had requested to continue receiving the minutes and agenda and had been advised that the request needed to be put in writing; 2) That he spoke on the behavior of Com. Wilson.
He further stated that former Com. Tchen had sent a letter indicating that although requested, she was not receiving the agenda or the minutes, with Mr. Hobson noting that this is in violation of the Sunshine and Brown Act.
The Chair, hearing no further public comment, moved Agenda Item 8-A be heard out of order, (Seconded by Com. Jensen).
ITEM HEARD OUT OF ORDER:
8. OLD BUSINESS
A. Following the March 14, 2002, presentation by Dr. Gross indicating against live animal market practices: a discussion on whether the Commission should send the Board of Supervisors a letter recommending the suspension of live animals sales (vertebrates) for human consumption pending compliance with State Law (specifically the Kuehl Bill and anti-cruelty provisos). [Chairperson Eckman/Com. Jensen, DVM] [Discussion/Action Item]
The Chair opened the meeting to public comment. Hearing none, returned the item to the Commission and a lengthy discussion ensued:
Com. Jensen indicated that the Commission could present Dr. Gross’s information to the Board as yet another reason to enforce the law, and that the enforcement aspect is what she is interested in.
Com. Friedman stated he had called State Fish & Game and was advised that they had recently looked at some of the vendors and shops and had issued two citations. He further noted that, if people see violations in the markets, to call Fish & Game and they will respond with whatever resources available.
The Chair noted that the Kuehl Bill adds to the existing Penal Code, that while the Kuehl bill does not specifically mention fish, Section A and C of the Penal Code do with regard to humane treatment of animals which include fish, and noted that the Commission should ask that the City enforce the law.
The Chair further noted she had recently been interviewed by KTSF, and that their footage was the best argument for enforcement of the Kuehl Bill, and further stated that now is the right time to address this issue and urged the Commission to vote for writing a letter to the Board requesting compliance with the Kuehl Bill and with the Penal Code, and that there should be a suspension of live-animal sales in farmers markets and live animal markets.
Com. Bentley urged for requesting the suspension, because it could be done right away, that if the Commission asks only for enforcement, the enforcing bodies would say they don’t have the resources.
Com. Kennedy inquired about the enforcement problems, with the Chair giving an overview of the laws and Com. Friedman advising that under the Kuehl Bill a violation is an infraction with a fine not to exceed $250 or no more than $1,000, or they can take an educational course, if available.
The Chair moved, (Seconded by Com. Wilson), that Com. Jensen write a letter to the Board of Supervisors detailing the findings of Dr. Gross, mentioning the law and requesting a hearing. If a hearing is then granted, the Commission can go into more detail at that time. The vote was taken and the motion was passed unanimously by the Commission.
The Chair then requested, without objection, to take Agenda Item 9-A out of order.
ITEM HEARD OUT OF ORDER:
9. NEW BUSINESS
A. Sunshine Ordinance presentation/training by the City Attorney’s Office to familiarize members of the Commission with its requirements. [Chair Eckman] [Discussion Item]
The Chair opened the meeting to public comment:
Frederick Hobson stated that there is a need for this training, because there have been violations.
Paul Zarefsky and Edward Olson from the City Attorney’s Office gave a presentation/training session to the members of the Commission and passed out a training booklet for the Commissioners. Mr. Zarefsky’s discussion focused on the following three topics: 1) What is a meeting; 2) Notice and Agenda Requirements; and 3) Public Comment Requirements. Following the presentation was a lengthy question-and-answer session from the Commissioners, which included (among others) discussion of public records requests, and whether Commissioner Comments needed to be agendized. Com. Bentley read and provided copies of a letter from Catherine Tchen re her not receiving the agenda and minutes.
The Chair opened the meeting to public comment. Hearing none, returned the meeting to the Commission and requested without object to taking Agenda Item 7 out of order.
ITEM HEARD OUT OF ORDER:
7. Committee Reports/Commissioner’s Reports [Discussion item.]
Com. Herndon updated the Commission, advising that the person who was handling the posters had resigned, that he had just received the materials back, but nothing had been done with it. He will now have it sent to the City printer. Coms. Wilson and Modica offered their help. Com. Modica suggested that doing a commercial or skit on public access TV might be a great way to get the message out as well.
The Chair and Com. Modica noted that Elliot Katz had offered money in addition to what the Commission has for the posters.
The Chair opened the meeting to public comment as follows:
A member of the public spoke of her concern that this project might not get completed and appealed to the Commission to make sure this valuable project is completed. Frederick Hobson noted his concern that the posters be completed as well.
HEARD OUT OF ORDER:
c. Commission’s budget for 2002-2003 and whether budget will be carried over.
Com. Friedman stated he had spoken to the finance director and that starting July 1, the budget will be $10,000, but thinks carry-forward will probably not be allowed.
Com. Modica inquired about fund-raising, with Com. Friedman indicating he believes you can do fund-raising, but that the City Attorney should be consulted.
The Chair opened the meeting to public comment:
Frederick Hobson suggesting that the funding be used for public records requests and for providing agendas and minutes. He further noted he wants to receive copies of the minutes as well as the agenda, and that he had not received the minutes, even though he requested it in writing.
Hearing no further public comment, the Commission turned to Item 7-B.
3. Approval of Draft minutes of May 9, 2002 meeting [Discussion/Action item]
The Chair opened the meeting to public comment.
Frederick Hobson stated that in addition to his corrections noted earlier, that under Item 8-A New Business, that he made comments and expressed reservations about the dog policy, and wants that included in the minutes, and further noted that under Public Comment, he also spoke of the behavior of Com. Wilson.
Com. Bentley indicated under Item 7 Old Business the word "fliers" should be spelled "flyers."
Com. Bentley further indicated that former Com. Tchen was upset that her comments had not been included in the April minutes, Com. Bentley requests that the April minutes be amended to include Ms. Tchen’s comments. The Chair suggested the item be taken up with the City Attorney.
The minutes were unanimously approved by the Commission.
4. Chairperson’s Report and opening remarks [Discussion/Action item.]
A. Commission begins the April term on a positive note.
The Chair passed out a letter from Sup. Gonzalez who was going to request a public hearing to discuss the use of animals in lab testing at UCSF, and that it was in response to a letter that this Commission recommended. She further noted that the Commission is gaining more credibility with the Board, and hopes that all the commissioners can build on that.
She further noted that she can get business cards for the commissioners, and that the cost will come out of the budget.
B. Noteworthy article in June 5, 2002 Chronicle regarding rescue of animals from live animal markets.
The Chair discussed the above article and stated that this article had prompted KTSF, a Chinese-language station, to call her and she gave an interview, and noted that this issue now appears to be of concern to people.
The Chair opened the meeting to public comment:
Frederick Hobson noted that the Chair’s Opening Remarks are similar to Commissioner Public Comment, and that the items the Chair discussed had not been given a meaningful description in the agenda, nor a mention of business cards.
Com. Kennedy stated she is excited to be a part of this Commission and to be able to do something for animals, and was very happy about the response to the letter re animal testing.
5. COMMISSIONER PUBLIC COMMENT
Com. Bentley noted that the Commission’s website is not listed on the agenda and that it should be. The Chair will check with the City Attorney.
The Chair opened the meeting to public comment. Hearing none returned the meeting to the Commission.
6. Status and tracking of letters of recommendation approved by Commission requesting action by Board of Supervisors [Discussion Item]
1) Letter sent to Board re UCSF lack of cooperation with City’s resolution concerning animal testing.
The Chair indicated the letter had been sent, and opened the meeting to public comment. Hearing none, returned the meeting to the Commission for discussion.
Com. Franklin indicated she had spoken to Sup. Gonzalez and given him some background information and that he is very interested in this issue and looking to the Commission for a recommendation as to how the Board should proceed.
Com. Bentley suggested that since speakers are only given three minutes to speak, that each Commissioner should discuss only one particular issue so as much information can be provided as possible. It was suggested to consult the City Attorney re how many Commissioners may speak without violating Sunshine.
2) Letter to Board of Supervisors recommending amending Sec. 41.12 of the SF Health Code to provide for duties of "Guardians."
Com. Franklin stated that this shouldn’t be a problem, and that she will continue trying to get it pushed through.
The Chair opened the meeting to public comment. Hearing none, continued with Agenda Item 3.
3) Letter sent to the Board regarding Park and Recreation’s dog policy.
Coms. Franklin and Kennedy provided copies of a letter that was handed out to each Supervisor’s aide, and noted that the aides were very interested and want the Commission’s input. Com. Franklin also addressed the full Board.
Com. Kennedy stated she learned from the supervisor’s aides that they believe this item will go to one or two committees, and that in order to get this item pushed through, people should continue to call their supervisors every day.
Com. Wilson noted that Dog Pack has recently started in the City, which is a political organization, and that she will be attending the first meeting next week.
The Chair, opened the meeting to public comment. Hearing none, continued to Item 10.
10. PUBLIC COMMENT
11. CALENDAR ITEMS
No calendar items noted, and no public comment.
12. ADJOURNMENT
The meeting was adjourned, motion by Com. Kennedy seconded by Com. Wilson at approximately 7:50 p.m.
Dated: 23rd June, 2002
Amended: 13th July, 2002
Wilson, Secretary