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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 - DECEMBER 13, 2001
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the December 13, 2001 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 Cheryl Bentley, Secretary June Wilson, Catherine Tchen, Frederick Hobson, Carl Friedman, Animal Care & Control, Jack Breslin, Dept. of Health. City Attorney Rosa Sanchez was in attendance.
Commissioners Absent: Coms. Sherri Franklin, Sgt. Bill Herndon, SFPD.
Coms. Breslin, Friedman and Tchen and City Attorney Rosa Sanchez left the meeting at 7:08 p.m.
The meeting was convened at 5:40 p.m. and Commission Chair Eckman presided during all aspects of the meeting. Five 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.
2. APPROVAL OF MINUTES OF NOVEMBER 8, 2001 MEETING
[Discussion/Action Item]
Corrections were indicated to the November minutes as follows:
Com. Hobson indicated that Item 4 of the "agenda" reflected "Extemporaneous Commissioner Comments" and it should be listed as "Public Comments by Commissioners."
Com. Hobson moved, (seconded by Com. Bentley,) that Support Office Services is providing services to the Commission on a month-to-month basis and does not have a yearly contract, and that "month-to-month" be inserted in Item 4.
The November 8, 2001 minutes were unanimously approved as amended.
3. CHAIRPERSON’S REPORT AND OPENING REMARKS [Discussion Item]
A. City of Fremont Animal Services calls Commission with concerns about possibility of incursion of live animal market opening in their city.
The Chair received a call from the supervisor of the Tri-City Animal Services requesting information on how to prevent live chickens from being sold in his city, and that someone wanted to operate a private slaughterhouse within his city limits, and that he would be responsible for enforcement. He was very concerned about this and was trying to obtain information on what the Commission and the City of San Francisco had done to prevent this.
The Chair stated she gave him an overview on what the Commission was trying to do. She further stated that this was a remarkable move on the part of a city official, that he thought it would be cruel and wanted to know how he could stop it, and that other counties are encountering this problem.
The Chair opened the meeting to public comment:
Eric Mills, Action for Animals, read an article from the Oakland Tribune indicating that a local city council had approved a one-year moratorium on butchering some animals within the city limits, and that the moratorium exempts the slaughtering of fish, shellfish, reptiles and amphibians.
The Chair, hearing no further public comment, returned the meeting to the Commission.
B. City Administrative Services request expense reimbursements be signed off by the Chair before they are submitted.
The Chair stated that City Admin. Services has requested the Chair sign off on all invoices for the Commission or any reimbursements for commissioners.
Com. Hobson suggested that the Commission set a dollar threshold, that anything over that threshold should come before the full Commission. Com. Friedman stated that the Chair should sign the original invoices.
The Chair opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
C. Issues related to the preparation and presentation of agenda items that might assist participation by fellow commissioners as well as the public.
The Chair suggested that for serious issues and issues that affect different laws, that the person presenting the motion attempt to obtain a more in-depth study pertaining to the issue, which would be helpful for the Commission and the public.
The Chair opened the meeting to public comment:
Steve Cockrell, City Dog, stated he checked the web and thought the Commission would be discussing GGNRA closures, but that item was not on this agenda. He then inquired about how a member of the public could have something put on the agenda, and requested that procedure be posted on the web.
Coms. Hobson and Bentley suggested that there could be a phone number where members of the public could leave a request, that request would go to the Chair and the Chair could then inform the Commission of the request.
Com. Bentley stated that over the past year attendance has dropped dramatically at Commission meetings, and having this information on the web might better serve the public to understand how they can go about participating in the Commission’s work and that public attendance is welcome. She further stated that is why she wants public comment at the beginning and end of each meeting.
City Attorney Sanchez stated that the Chair’s telephone number is on every agenda. She explained that the way a member of the public can ask the Commission to put something on the agenda or present ideas is during public comment, that any member of the public can come and talk about anything within the jurisdiction of the Commission and present ideas and tell the commissioners what you want them to discuss, and then any member of the Commission can ask the Chair to put it on the next agenda.
Eric Mills, Action for Animals, suggested that if the Commission did a monthly mailing of the agenda, perhaps it might stimulate greater public participation.
4. PUBLIC COMMENT BY COMMISSIONERS
Com. Bentley requested that the following be included in the minutes: That publicly while she and another Commissioner were on Commission business at City Hall, that she was verbally "mocked" while leaving a Rules Committee meeting after giving public testimony, and that later in the hall the same AC&W Commissioner in a loud voice called out to another AC&W Commissioner "bastard" three times, and implied that he would not be reappointed to the Commission.
Com. Bentley stated her concern that public attendance of the Commission’s meetings has decreased over the past year, and felt much of the decrease was due to the lack of civility practiced by the Commission, and called on the Commissioners to practice public civility.
A member of the public inquired about what issue the Commissioners had been addressing at the Rules Committee, with Com. Bentley responding that it was concerning a veterinarian appointment that had not been publicly noticed, and that some of the Commissioners felt there should be proper public notice before the Rules Committee made a vote.
Com. Hobson then made a statement, in part, as follows: That he had requested the Rules Committee continue the item of appointing someone to this Commission because it had not been publicly noticed, and having not been publicly noticed, that any appointment the Board of Sups would make would be an illegal appointment and could cause liability to the Commission and to the City. He further stated that he attended the meeting to guarantee that the Commission not violate the laws of the state, that the Sunshine Ord. and Brown Act both require public notice, and that the City Attorney’s office informed the Rules Committee that the appointment would not be a legal appointment.
He further stated that when he has pointed out something that is due process or a legality, he has been publicly castigated. He further stated that he is not going to reapply to this Commission.
Com. Hobson then stated that he will be meeting with Sup. Maxwell’s office to discuss the Commission’s recommendation that the Board of Sups set up some kind of guidelines for the Dept. of Public Works to stop cutting down trees, because many of these trees provide habitat to animals.
He further stated he is working with the DA’s office in fashioning legislation regarding a Special Prosecutions Unit, and they’re working on that legislation slowly but surely.
He then discussed the notice at the Board of Sups for the vacancy on the Commission, that it was publicly noticed on Friday and had expired Wednesday, and that the Veterinarian Assoc. had put it out on their E-mail, and another applicant has come forward.
Com. Friedman stated that the Commission’s goal is to help the animals, but that it’s also to protect the public, and felt one of the reasons public attendance has declined is due to the time the Commission spends on minutia. He suggested that the Commission go through the agenda initially and see what the public is here for, and take those issues first.
The Chair, hearing no further public comment and without objection, took the following items out of order:
ITEM HEARD OUT OF ORDER:
7. OLD BUSINESS
[A] Discussion and possible action to renew the Commission’s recommendation to the Board of Supervisors to prohibit the sale of all live animals in any establishment where food is prepared, manufactured, kept, stored, offered for sale or sold in the City and County of San Francisco. The prohibition would include Farmers Markets, Flea Markets and Farmers Markets occupying City owned property. [Chair Eckman, Coms. Wilson, Franklin, Tchen.] [Discussion/Action Item]
The Chair stated that in 1996 for the Fund for Animals she prepared the memorandum of law on this issue, and had taken the language from that memo and introduced it. She stated she was not asking for action on this item today, but that the Commission study it. She stressed that this is suggested language to see how the Commission may want to present it to the Board, that she was trying to combine the suggestions from Coms. Friedman and Breslin re city-owned property, but stated further thought and research is required.
The Chair opened the meeting to public comment:
Dr. Ron Cole stated that it was not clear whether the Commission was including fish and invertebrates, with the Chair responding that it was. Dr. Cole felt it would fail if it was that broad and suggested that if the Commission wanted to eliminate the ill-treatment of birds, to focus on them.
Eric Mills, Action for Animals, suggested going for the farmer’s markets on City-owned property. He further stated that Sup. Peskin is working on a City ordinance to put the Kuehl Bill into compliance and thought the farmer’s markets would be a major step forward.
The Chair, hearing no further public comment, returned the discussion to the Commission.
Com. Breslin suggested including the phrases, "offered for sale," or "given away," to make it consistent with other pieces of legislation that address food markets.
Com. Bentley stated she had decided to vote against this item for two reasons: That the only real presence that Animal Control and the Health Depart. has in the live-animal markets is the farmer’s markets, so why do away with the one place that they can do something, and that it would just drive more business to the markets where there are no controls. The second being that Sup. Peskin is working on legislation on these live animal markets, and that it would be bad timing to make it a public issue.
Com. Hobson stated that he had made two motions in which he withdrew because he recalled Sup. Peskin’s work on legislation. He further stated that if the Commission did an overall ban, it might be considered unreasonable and thus make Sup. Peskin’s legislation look more reasonable. He further stated that a ban on city-owned property seems the more rational approach, and that he would probably vote for a ban of some type in the hope that it will encourage the other Board members to support Sup. Peskin’s legislation.
Com. Friedman suggested that the Commission contact Sup. Peskin and talk with him before taking any action.
The Chair stated her hope that an aide from Sup. Peskin’s office would come to a meeting and advise the Commission on what he is proposing and how it would dovetail with the Kuehl Bill, and what the enforcement provisions are. Com. Tchen stated she was in support of hearing what Sup. Peskin is working on and what the enforcement will be, so the Commission could then hear Com. Friedman’s opinion regarding enforcement.
Com. Friedman stated that the Kuehl Bill may not be the answer to this problem, that it’s a good start, but that the bill is extremely vague. He further stated that whoever is going to enforce it will need guidelines for enforcement, and maybe that’s something that Sup. Peskin would be working on.
Com. Tchen stated that due to enforcement problems, she remained strongly in favor of recommending the previous Commission decision of a total ban.
The Chair stated the Commission still needs to do a thorough investigation into: the proposed legislation by Sup. Peskin; obtaining the text of the Kuehl Bill for closer examination; the Dept. of Health Codes, etc. in order to present something to the Board and get it pushed through.
Com. Wilson said she supported the approach of chipping away at this issue bit by bit, that if it’s too broad, the Commission would lose. She also supported finding out about Sup. Peskin’s proposed legislation, and how long it would take.
Eric Mills, Action for Animals, stated that some parts of the Kuehl Bill are vague, but that there are also some specific things in the bill. He believed that under the Kuehl Bill, enforcement would be a matter for Animal Control.
Eric Mills then stated that for the sixth time baby red-eared sliders were found for sale in a shop in San Francisco, and enforcement is needed.
Com. Friedman stated that Animal Control and the Dept. of Health has gone out regarding the red-eared sliders and that they have taken some turtles.
The Chair, hearing no further public comment, returned the meeting to the Commission and this item was continued for further study to the January meeting.
ITEM HEARD OUT OF ORDER:
8. NEW BUSINESS
Eric Mills, Action for Animals, Dr. Ron Cole and Dr. Katz indicated support for this item.
The Chair, hearing no further public comment, put it to a vote and the motion was unanimously passed by the Commission.
The Chair requested, without objection, to take Public Comment out of order.
ITEM TAKEN OUT OF ORDER:
9. PUBLIC COMMENT
Dr. Ron Cole addressed the Commission concerning GGNRA giving citations at Crissy Field and Ft. Funston for off-leash dogs, and he attended an overflow meeting at the Presidio, that eight supervisors came to the meeting stating that there was an agreement between the City and the Federal Government that the land be open for off-leash dog walking, and that if it was abrogated by the Federal Government, the City was threatening to take it back. He then suggested that the Commission make some kind of recommendation that that happen. He further suggested that the Commission should get somebody from Rec & Park to talk about where they’re going.
The Chair inquired about SFDOG’s position on this issue, and Dr. Cole indicated he would get ahold of them.
Eric Mills, Action for Animals, indicated a letter had been received requesting the Commission send a letter of thanks to a store that has been putting dogs and cats up for adoption, and supported this.
He further discussed his efforts to stop a rodeo that has been scheduled to take place during the Olympic Games in Utah, and noted he had received negative press. But also stated that the President of the U.S. Olympic Committee said she had received thousands of E-mails and letters in opposition to this rodeo. He requested the Commission put this on the agenda for a strong letter of condemnation.
Lastly, he stated he was sorry Com. Hobson would not be reapplying to the Commission and hoped he might reconsider. Dr. Katz also urged Com. Hobson to reconsider.
Com. Friedman stated he was also upset about the actions of the Federal Government and GGNRA, that he had heard that if somebody refuses to sign a citation, they’re going to be arrested and their dog would be taken to Animal Control. He stated that the dogs will not come to Animal Control, he will not take the animals. He won’t allow an animal to be harmed, but that if the Federal Government and GGNRA are going to take this posture, then they are going to have to build kennels and make sure that they can take care of all these animals. He doesn’t want to hold an animal in a kennel and possibly have to destroy another one because of that policy.
Com. Tchen stated that Rec and Park has a seat on this Commission, and they haven’t been to a meeting in at least two or three years.
The Chair, hearing no further public comment, returned to Item 5 of agenda.
5. STATUS AND TRACKING OF LETTERS OF RECOMMENDATION APPROVED BY COMMISSION REQUESTING ACTION BY THE BOARD OF SUPERVISORS [DISCUSSION ITEM]
1) Live Animal Market [Kuehl Bill compliance]
Com. Bentley stated Sup. Peskin advised her about a month ago that his aide was going to meet with the City Attorney re the legislation. She also plans on meeting with him, so it’s slow but steady progress.
The Chair opened the meeting to public comment. Hearing none, returned the meeting to the Commission.
2) Letter sent to Board re UCSF lack of cooperation with City’s resolution concerning animal testing.
The Chair stated that this issue is as big as the live-animal market issue, and that a lot of work is still needed on this issue, and asked for an update from Dr. Katz.
Dr. Katz advised the Commission that the lawsuit was a Public Records Act and that the Court had ruled "kind of" in our favor. They finally have to identify the animals so we are able to connect clinical records with protocols and necropsy reports. The Court required they give numbers to the animals, so you can track down who the animals are, but they were afraid that people would be harassed if they gave out their names.
He further stated that on a national level they’re going to be petitioning the National Institute of Health, and probably will follow that up with a lawsuit asking for reallocation of funding from animal-based technologies to non-animal-based technologies, so that over a 20-year period the money would be going all towards non-animal technologies.
He further stated that attorneys are working on this now, and once it’s in place, he will be asking the Commission to recommend that UCSF follow that procedure that’s being asked of the NIH, so that as an animal researcher leaves, their place is taken by a non-animal researcher.
At this point he didn’t have a concrete recommendation for UCSF, and felt it needs to come from the Commission to ask that hearings be held on whether UCSF is living up to the recommendations of the Board of Sups, and he feels they clearly are not.
4) Letter to Mayor regarding Golden Gate Stables
Com. Wilson stated she had heard that the Rules Committee had appointed a contractor to look into what it would cost to fix up the stables, and that she would try to find out more by the next meeting. Com. Hobson stated that there had been past concerns over quality of care and mismanagement of the stables, and suggested Com. Wilson mention that and that whoever is contracted to run the stables be held accountable to good standards.
3) Letter to Board of Supervisors recommending amending Section 41.12 of the SF Health Code to provide for duties of "Guardians."
Com. Bentley indicated that a letter had gone out, but the recipient had found it confusing and suggested the Commission revise it. Com. Wilson stated that a letter had been previously sent out by Chin Chi, and another letter was sent by Com. Franklin. Dr. Katz requested copies of those letters with various commissioners indicating they would try to find copies for him.
6. COMMITTEE REPORTS/COMMISSIONER’S REPORTS [Discussion Item]
A. Update on placement of Crime Stoppers posters [anti dog fighting]
The Chair indicated that Com. Franklin had called her and asked her to apprise the Commission that Com. Herndon had supplied her with at least 30 posters and that Com. Franklin has been going to different neighborhoods putting them up.
The Chair opened the meeting to public comment as follows:
Eric Mills, Action for Animals, said he had spoken to the director of Oakland’s Animal Control and he wants to do posters, too.
B. Update on API draft pamphlet regarding declawing fact sheet
Eric Mills, Action for Animals, handed out information to the Commission and indicated he had spoken to Dr. Holve and the API office in Sacramento who advised that the declawing brochure is almost done and should be out soon.
The Chair indicated the Commission hoped to include their name on the pamphlet, but needed to write the Board for approval upon completion of the pamphlet.
10. CALENDAR ITEMS
Com. Hobson requested an item concerning cosmetic testing on animals be placed as a discussion/possible action item for next month’s agenda. That although California has outlawed any laboratories that do that work, that does not prohibit products developed in other states that allow animal testing to be sold in California, and that he would be providing some written materials.
Com. Hobson stated that next month is the Commission’s election of officers and that he would be nominating Com. Cheryl Bentley for Chair, and that should be agendized.
Com. Bentley requested that Dr. Cole’s concern regarding the GGNRA be placed on the agenda. She also stated that Eric Mills had requested the Commission write a thank-you letter to the store that has been putting dogs and cats up for adoption, but that the Commission would have to go through the Board of Sups to get approval, unless the commissioners write individually.
The Chair suggested that commissioners write individually, and stated that it takes so much time to get to the Board, and then nothing happens. She further stated that she believed SFDOG was dealing with the GGNRA issue, and was concerned that the Commission not take on too much, and then have no one to do the hard work of following up on the item.
Com. Hobson stated the Commission can discuss and authorize a letter to the Board to support whatever position the Commission may take, and that the individual commissioners can also write letters.
Com. Wilson requested an item concerning "Choke Out," a cruel method some dog handlers, police officers and dog trainers still use, be placed on the agenda, and that Virginia Handley will be at the January meeting to talk about it.
11. ADJOURNMENT
The meeting was adjourned, motion by the Chair,
seconded by Com. Hobson, at approximately 7:40 p.m.
Dated: 20th December,2001
Amended:18th January,2002
Wilson, Secretary