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

Meeting Information


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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

DRAFT MINUTES OF MEETING - April 10, 2003

1. CALL TO ORDER AND ROLL CALL

Chair Kennedy, who presided during all aspects of the meeting, convened the meeting at 5:35 p.m. Six 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, Secretary, Evonne Arita, Jack Breslin, Department of Health, Carl Friedman, Animal Care & Control, Elissa Eckman, Kelly Jensen, DVM, Jamal Modica, June Wilson

Absent with excuse: Sgt. William Herndon

Also, the continued absence of Recreation and Park

2. Public Comment

The Chair opened the meeting to public comment:

Gloria Rogan, Commissioner hopeful, affirmed her desire to fill the upcoming vacancy of Commissioner for the Animal Control Welfare Commission. Commissioner Friedman asked Ms. Kogan to state the reason she wanted to become a Commissioner. Ms . Kogan's reply was in honor of her dog.

Eric Mills provided current information on legislation regarding animals: Bill to ban hunting of morning bells was dropped, there was major opposition to this bill. The hounding bill, which was the band on hounds hunting bears and bobcats was defeated, there is a possibility of its return in another form. The bill to raise penalty for cock fighting was passed out of Committee, the next step is Appropriations Committee. Assemblyman Leland Yee, introduced a bill to allow the live animal market owners to do their reports in Chinese only. The bill was withdrawn without opposition. The rodeo bill AB 885, carried by Mark Leno, would have expanded the current state law which requires current veterinarians on site or on call at most rodeos in the state to include the charreadas, the Mexican-style rodeos which are now exempt was defeated. Mr. Mills also spoke on using animals in the war and distributed flyers. GOP has given up on Artic bill. The UCSF April 24th agenda will include animal research issues. Gestation crates, veal crates, crated caves for replacement hefers passed out of Public Safety Committee 6-2 and will go to double hearing in the Agriculture Committee. Brad Miller, Humane Farming Association has filled ballot initiative to outlaw gestation crates for hogs and sows throughout California for the fall of 2004.

Chin Chi, a former Commissioner reported that she informed the Fort Miley Veterans Administration that the SF Animal Commission, presided over by the Board of Supervisors held hearings concerning animal violations. Ms. Chi requested that the Commission consider holding a hearing within the next three to four months concerning homeless cats where both sides would be able to state their case. The results of hearing could then be provided to the Natural Areas Program Citizens Advisory Committee for consideration and/or inclusion in the management plans now being constructed for homeless cats. Ms. Chi's concern was that if no input was provided from animal advocates, whatever plan was established by Recreation and Park would become written law. The objective with the hearing would be to get information to this group?

The Chair asked what information was NAP currently receiving? What power did group have and were they responsible for making final decisions with regards to the feral cats or were they advisory? The Chair stated that if any of the Commissioners wanted to sponsor this issue during discussion of agenda items it could be taken up at that time. The Chair thanked Ms. Chi.

L'Danyielle Yacobucci, feral cat advocate, seconded Chin Chi's request. Requested the Commission support them with animal issues. Ms. Yacobucci further requested all animal issues come through this Commission in order to keep up with all the animal issues. The State of California is sponsoring a bill on the declawing issue. She had concerns regarding the health of declawed animals.

Bob O'Brien stated he was organizing demonstration on April 24th at UCSF against the use of animals for medical research. A total of 2,768 various animals were listed according to their annual Report of Research dated September 2002. Mr. O'Brien stated his particular concern of the experimentation on owl monkeys provided by Pan-Americans.

Comm. Eckman asked Mr. O'Brien what organization he was representing? Mr. O'Brien stated that he is a member of Fund for Animals and was formerly with Vigil for Animals and is hoping to resurrect the same group and vigil at UCSF as done 10 years ago.

Commissioner Eckman cautioned other Commissioners that although public comments provided at meetings concerning animals are upsetting, information provided must be validated as factual before accepting statements or taking any action.

Chair informed public that any information they wanted to provide to committee can be left on the table.

3. Approval of the draft minutes of Marth 13, 2003:

The Commission unanimously approved the minutes.

4. Chairperson's Report and Opening remarks

The Chair welcomed and thanked everyone for coming to the meeting. Chair further stated it was good to see public participation and enthusiasm.

5. Commissioner Public Comment No public comment

6. Status and tracking of recommendations approved by Commission requesting action by Board of Supervisors.

      A. All accounted for

7. Committee Reports/Commissioner's Reports

A. No report from the City Attorney, Rosa Sanchez was not present.

B. Cambridge: Commissioner Eckman - Nothing new to report

      Public Comment: No public comment

C. Live animal markets: Nothing new to report

      Public Comment: Eric Mills found female western pond turtle, threatened specie found in Oakland. Called bird sanctuary in Cordellia where it would be released in swamp where they have a colony of turtles.

      D. Vacancy and Calendar Date for Appointments to the Commission:

      Rules Committee Secretary, Deborah Muccino, has received five applications for vacancies and has tentatively scheduled hearing for applicants to be heard by Rules Committee in mid-May. Chair encouraged anyone that has applied or knows of anyone who has applied to contact Ms. Muccino to ensure they have received their application.

      Publc Comment: No public comment

      Commissioner Comment: Comm. Wilson stated that the Rules Committee would be held on May 13, 2003 and the Animal Control Commission meeting is scheduled for May 10, 2003. In order for there to be a quorum, Comm. Wilson volunteered to sit at the May 10, 2003 meeting. The Chair thanked Comm. Wilson.

8. Old Business

      A. Logo: Commissioner Eckman stated that Linda Fischer or Eliot Katz from IDA was unable to attend meeting.

    Public Comment: No public comment

      Chair stated item would be held till the end of meeting in order to give all Commissioners a chance to view the different logos provided.

9. New Business

      A. Discontinuation of December Commission meetings: This would be a change of Article 4.3 of the Commission's Rules and Regulations.

      Public Comment: No public comment

Commissioner Comment: Comm. Eckman requested language be specified before voting. Chair suggested the following language:

      Accept as otherwise determined by the Commission, regular meetings of the Commission shall be held at 5:30 every second Thursday of the month with the exception of December in City Hall.

      Vote: Modica, approve, Eckman-approve, Franklin-approve, Kennedy-approve Wilson-approve, Jensen-approve. Motion: passed

    B. Hold officer election dates in the month of July as opposed to the month of January as of 2004 - Change of Article 3.1 of the Commission's Rules and Regulations.

      Current language: The Officers of the Committee shall be a Chairperson, Vice Chairperson and Secretary. The Chairperson, Vice Chairperson and Secretary shall be members of the Commission and shall be elected by the Commission. The terms shall expire on January 1, following the date of their election. In the event of a resignation an election to select a new member to serve the unexpired balance of the term shall be heard at the next regular meeting.

    Chair suggested the following changes: Their terms shall expire on July 1st.

    Public Comment: No public comment

      Vote: Modica-approve, Eckman-approve, Franklin-approve, Kennedy-approve, Wilson-approve, Jenson-approve Motion: passed

      C. Cat declawing issue: Comm. Franklin was contacted by the PAW Project in LA, advocates for animals working on measure to band declawing. Also informed Commission there is current legislation, AB375 to band declawing. Queried Commission as to how they wanted to proceed for the City, i.e., ask for Board of Supervisors to endorse AB 375, or bring West Hollywood measure to SF.

Comm. Jensen questioned if there was specific State Legislation language.

      Com. Friedman: Expressed concern regarding issues that are mandated by both local and state laws. If State does not specifically refer that City can enforce restrictive or less restrictive laws this can cause complicated legal issues as evidence by the vicious and dangerous dogs ordinance. Comm. Friedman suggested that Commission observe the state bill progress before involving the Board of Supervisors and passing any local legislation. If the bill fails at the State level Commission can then try to pass local regulation.

      Public Comment: Eric Mills, Action for Animals, Assem. Korets is considering an amendment to allow exemptions for medical therapeutic association. Currently the California. Veterans Association is opposed and would it would be good to have them on board. Next hearing is April 22nd. The Pound Seizure Bill may be dropped and carried on a local level. UC Davis Medical School is still using animals for various testing. Shelters are not set up to be repository for medical research. Sacramento trying to pass local Ordinance to stop use shelter animals.

      Dr. Ron Cole objected to the way item for declawing was placed on the agenda. He requested more specific language. Bob O'Brien, unless for a cat's well being, declawing procedure should not be done.

Comm. Eckman: Received call from Cindy Galli, Inside Addition regarding declawing issue. Invited her to meeting since item would be considered at today's meeting. Ms. Galli wanted to know both sides. Also wanted to know what if veterinarians were supportive of issue. Directed Ms. Galli to Comm Jensen and website. Further informed media of current major topics being discussed by Commission; UC Live Animals and Cambridge ordinance.

Comm. Jenson: Spoke briefly to someone named Julie who actually referred to declawing as cosmetic surgery for animals. Com. Eckman referred them to API, Jean Hovey.

Chair asked Com. Jensen if she has a feel of how veterinary community felt about issue. Comm. Jensen, speaking for her hospital only, stated their stand is that it is done only for therapeutic reasons. It is not a common process.

Com. Eckman: Questioned what is considered therapeutic. Comm. Jensen provided example. Com Eckman: What are the code of ethics for veterinarians, and could the State legislate what veterinarians do? If legislation were passed, how would it effect veterinarians licensing. Comm. Jensen stated she was unsure of the actual language, but the State could legislate what veterinarians do. As far as declawing there is no president.

Comm Jensen, yes, Amer. Vet Assoc. has not yet taken a stand on it.

Comm Friedman: State legislates how animals are treated. Animals are considered as property so they can pass any ordinance or laws on how to treat animals.

Chair asked Comm. Jensen how prevalent this procedure is in this City? Comm Jensen was unsure of the number of cases.

Comm. Friedman suggested a letter be sent to the SF Veterinarians Medical Association asking them to poll all their members to see if they would support legislation.

Comm. Franklin responded to Dr. Cole that the reason for brief description in the agenda because she was not sure about where discussion would lead.

Chair questioned when is issue going before the state. Comm. Franklin responded it was going before the State very soon and she would like the Commission to make a statement or write a letter.

Comm. Friedman stated that the process for all state bills that effect the City & County should go to the Board of Supervisors to encourage the State Legislative Analyst to support bill, support with amendments or oppose. The proper procedure is to request the Legislative Analyst to go on record for the bill.

Comm. Franklin proposed the Commission do two things. 1) Contact State Legislative Analyst for the City in order to go on record endorsing AB395 Koret's anti-declawing bill.

Comm. Friedman suggested all Commissioners read and become familiar with legislation.

Public Comment: Dr. Cole stated Commission could not support bill, a letter must be written to the Board of Supervisors. According to Sunshine Ordinance, item has to be absolutely specific. If unsure what was to be voted on it should have been listed as discussion only not discussion/action. Comm. Friedman asked that Eric Mills to check status of bill.

Eric Mills will check with author of bill and see what is being proposed as far as an amendment. Hearing could have been postponed. Dr. Mills will report findings to the Vice Chair since Chair will not be available.

Chair: Item will be continued as Old Business for the next meeting. Chair suggested Commissioners read bill and become familiar with verbiage.

Call Comm. Franklin. Comm. Franklin wanted to poll (as 1 above) for declawing issue.

8. Old Business (out of order) - Back to last voting issue, 8A, vote on logo that was submitted.

Motion approving Logo sample #2 as the Commission's official logo.

      Vote: Modica, approve, Eckman-approve, Franklin-approve, Kennedy-approve. Friedman-approve, Wilson-approve, Jensen-approve, Breslin-approve.

      Motion: passed

Comm Friedman suggested Commission thank IDA. Comm. Franklin suggested a letter to Linda Fischer. Chair responded that she will bring card for next meeting to thank IDA staff.

Chair thanked Comm. Franklin for follow-up on logo.

10. Public Comment: No public comment.

11. Calendar items - any Commissioner wanting to sponsor item

Comm. Wilson motion on feral fix cats. She states NAP is an advisory Board and will not be voted on until November if Board is to continue. Suggested a hearing where Elizabeth Goldstein, Recreation & Park be invited to attend hearing.

Chair suggested Comm. Wilson email her language for next months agenda.

Com. Breslin, stated that the feeding of feral cats constitutes a violation of law, he suggested running the legalities of this issue by Rosa Sanchez, City Attorney before next meeting.

Chair requested Comm. Wilson run the legalities through Rosa Sanchez, City Attorney.

Dr. Cole stated the Commission has missed a representative from the Recreation & Park Department for almost a year. Dr. Cole suggested a letter be written to Recreation & Park requesting they send a representative for their input.

Public Comment: None

12. Closing review of task allotment and next steps

    1. Comm. Kennedy to bring card for Linda Fisher and Denise to thank for logo.

    2. Commission to thoroughly read AB 395 anti-declawing Korets bill

    3. Comm Friedman to call Elizabeth Goldstein regarding item that concerns department and if they could send a representative to next Comm meeting to address. Will also remind them that seat has not been represented at past meetings

    4. Comm Franklin and Jensen will write letter to poll SF Veterinarians on their thoughts on declawing.

Chair Adjourned meeting at 6:58

Dated: 21st April, 2003

Arita, Secretary