2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 February 12, 2009
5:34 PM
1. Call to Order and roll Call
Present, Commissioners: Sally Stephens, Philip Gerrie, Pam Hemphill, Vicky Guldbech, Angela Padilla, Laurie Kennedy-Routhier, David Gordon DVM, William Herndon.
Absent, Commissioners: Andrea Brooks, Bob Palacio Rec & Park
2. General Public Comment
Richard Fong – Wants to look into bird hazards at SFO and at the garbage dump as well as the downtown buildings in Lights Out program in SF
3. Approval of Draft Minutes for February 12, 2009 Meeting
3. Public Comment
LauraMassa - Wants noted was speaking for Lana Bajsel in 6 A public comment. Wants included details of “cited examples” regarding SPCA in the public record.
Public Comment closed
Minutes approved unanimously with changes by Laura Massa.
4. Chairperson’s report and opening remarks
Comr. Stephens – Would like a copy of letters and recommendations sent from Commission to the Board for Commission’s records.
5. New Business
A) Discussion and possible action to recommend to the Board that they commend SF restaurants that have stopped selling foie gras before statewide ban in 2012 and encourage SF citizens to avoid supporting this animal cruelty.
Comr. Gerrie - Humane treatment of animals should include those animals we eat. Cruelty to numbers of animals which we eat is far greater than those we have as pets.
Factory farming has provided cheap food but we don’t consider at what cost to the animals. In 2004 our Commission took up the foie gras issue in order to possibly propose an ordinance to ban the sale in SF. Our Commission did not proceed with a recommendation to the Board due to lack of backing by Supervisors. It was set aside in February 2005. A statewide ban was passed in 2005 but not effective until 2012. Asks Commission to endorse resolution to Supervisors to commend SF restaurants that voluntarily remove foie gras from their menus and encourage San Franciscans to not eat foie gras. Invited one speaker, Dr. Elliot Katz.
Dr. Elliot Katz - IDA - City of San Diego recently passed similar resolution. Endorses resolution and emphasizes depth of cruelty. Shows photos of birds on effects of force feeding. Describes as “horrific”. IDA filed lawsuit against this cruelty under state law. Shortly thereafter bill was passed in California against production of foie gras. Bill was passed because of lawsuit. The bill allowed IDA’s lawsuit to be thrown out. Supports Supervisors to commend restaurants such as Wolfgang Puck’s that have stopped selling foie gras. Several European countries have banned foie gras already. Foie gras production is on a par with factory farming’s Prop 2 which the Commission and the Supervisors also passed.
Comr. Stephens - What month does it go into effect in 2012?
Comr. Gerrie – In July.
Comr. Padilla - What is the status of veal?
Dr. Elliot Katz – Veal is also a concern but would like to keep focus on foie gras now.
5 A Public Comment
Melissa Elliot – Pastry chef at Sugary Sweets – Describes brutal method of force feeding of birds to enlarge their livers for foie gras. Refuses to patronize any restaurant that serves foie gras. San Franciscans voted 72% in favor of Prop 2 for humane treatment of animals. Believes similar % would support resolution.
Marcus – Volunteer at Wildlife Rescue Center – Supports State ban in three years. Fifteen foreign countries banned foie gras including Israel which was third largest producer. Supports resolution.
June Wilson – Recalls in 2004 traveling on Holland American Lines which served foie gras. Wrote letter is disapproval. Many cruise lines still serve it.
Carmen Vasquez – Chef Café Gratis - To produce foie gras a metal pipe is shoved down a ducks throat until their livers are ten times normal size. Commends restaurants that have stopped serving foie gras such as Wolfang Pucks’. Feels Supervisors will support resolution.
Ian Ross –Member on board of directors of Animal Protection and Rescue League - APRL started investigation into Sonoma Valley Foie Gras. Cruelty of foie gras is not in doubt. APRL has spoken to restaurants, serving foie gras, around the country. Number one fear voiced was competitors are still serving foie gras. Resolution would level playing field by resolution. San Diego ’s similar resolution has showed results by restaurants dropping it from their menus. Passing resolution would show leadership and reflects voters support evidenced by passage of Prop 2.
Public Comment closed
Comr. Stephens – This isn’t asking to ban foie gras?
Comr. Gerrie – No, just to encourage restaurants that want to remove it from their menus now, to do so and not fear losing business.
Comr. Stephens – How many restaurants carry foie gras now?
Comr. Gerrie – About 50. It is found in a greater percentage of restaurants in SF than in other cities.
Comr. Padilla – Moves to adopt resolution. Seconded
Motion passes unanimously.
5 B) Discussion and possible action to recommend to the board that they oppose a 9 % State sales tax on veterinary services.
Comr. Stephens – Concern of including veterinary care as a taxable service in same category as appliance, furniture and vehicle repair. No other medical profession, or service, would be taxed. California Veterinary Medical Association, CVMA, opposes this sales tax. Spoke with lobbyist who said it was unclear how serious this was. Unsure if it is still on the table. Safe to assume that it is. If Commission agrees, would approach Supervisors if it is up for consideration. Concern that by increasing the cost of vet care people will delay necessary services. Fact sheet from CVMA includes ways to contact governor. Governor’s office has received so many calls on this matter that voicemail has a numbered button just for this concern.
5 B Public Comment
June Wilson – Comes under the Department of Consumer Affairs.
Karissa Vongraber – Has been to many vets recently because runs a rescue service. Vets have increased fees for admittance. Added tax would cause some people to not bring their animals in and they would try to self-medicate.
Kiska Icard – SPCA – Concern that veterinary sales tax will affect the health and well being of many animals. Necessary care would not be received resulting in more preventable deaths. SPCA has seen results of housing crisis and economic downturn. Currently 45% of hospital clients receive some financial assistance. SFSPCA provides $1.5 million in charitable veterinary services. California shelters able to provide such services are few. Even SFSPCA may have to cut back. Urges citizens to contact Governor in opposition to proposed sales tax.
Dr. Elliot Katz – Obvious issue to campaign against. Animal care should not be lumped together with appliances and other things. Financial strain already on pet guardians. Supports opposition to sales tax.
Public Comment Closed
Comr. Gerrie – Supports recommendation.
Comr. Padilla – Supports recommendation. Asks Comr. Stephens to draft letter to send to Supervisors.
Comr. Routhier – Suggest going around to Supervisor offices and talking with aides.
Comr. Stephens – If it is off the table in final budget, won’t have to.
Comr. Hemphill – Might want to write a letter anyway in case issue comes up again.
Comr. Padilla – Moves to approve recommendation. Comr. Hemphill seconds. Approved unanimously.
6. Unfinished Business
A) Discussion only of no-kill policies.
Comr. Padilla – Sherry Franklin, head of Muttville was scheduled to speak tonight but is ill. Nathan Winograd has been scheduled for next month. In April, speakers from rescue groups; Grateful Dog, Give Me Shelter, Muttville, Rocket Dog, and Urban Cat are scheduled.
Comr. Stephens – We are not going to talk about it this month?
Comr. Routhier – Curious as to what Commissioners see being able to do with this information.
Comr. Padilla – Sees Commission recommending an ordinance on no-kill. Or, something short of an ordinance. A policy. Or, something softer than a policy. On one end would be an ordinance. On the other end, a letter.
6 A Public Comment
Martha Hoffman – SPCA Cat Team volunteer – Clarifies previous statement from last meeting that behavior counseling at the SPCA had been dropped. SPCA still maintains that service only for animals adopted from their shelter. Would like to see full service reinstated. Has benefited from the service in the past. Is a life saver and a pet-retention support.
Kim Durney – SPCA on January 9th, spoke before Commission opposing no-kill initiative. SPCA website supports a “no-kill nation”. SPCA supports no-kill in theory but not in practice. Sites example of dog, Maverick, picked as stray by ACC. Was offered to SPCA for adoption. SPCA adopted him out to qualified adopter. ACC responded to complaint at SRO hotel and found Maverick in small cramped room. ACC seized Maverick on ground of animal cruelty. SPCA again took Maverick back for adoption from ACC. This time Maverick was found unadoptable and killed. SPCA could have screened Maverick’s adopter but didn’t. SPCA could have declined to take Maverick as second time to give rescue groups a chance to save him. SPCA could have worked with Maverick but they didn’t. SPCA could have returned him to ACC. With no-kill policy Maverick could be alive today.
L’Danielle Yacabucci – SPCA Feral Cat volunteer - Praises ACC for presentation last month. Have a ways to go yet. If SPCA took advantage of expertise on their Cat Assistance Team, could have saved lives of more. Instead, they killed a feral without asking for help. Commends Commission for no-kill hearings.
Julene Johnson – FixSanFrancsico – Recommends that SF adopt standard guidelines for homeless animals. Only animals with severe medical or behavioral problems should be euthanized. Standard guidelines would provide accountability. Suggest Commission look into adopting certain standards of care for rescue groups to operate in SF.
Lana Bajsel – Give Me Shelter Cat Rescue - Small black dog was taken by SPCA from ACC and failed behavior assessment. Deemed “too nippy”. He was killed. He had no teeth. Apparent that behavior becomes justification for killing. SF needs no-kill initiative to save lives. Wants Commission to continue work on it.
Nadine May – SPCA Cat Assistance Team - Supports previous speakers. Issue with SPCA’s treatment of feral cats. SPCA’s website recommends taking ferals, that can’t be cared for, to ACC. Doesn’t mention that they will be killed. Is unacceptable. Must try to save SF animals.
Richard Fong – Refers to birthday of Charles Darwin and his theory of survival of the fittest and natural selection. Commends Dr. Scarlett’s talk last month on factors leading to decreased euthanasia. Darwin ’s model is that animals do better selecting their own.
June Wilson – Prefers the words “low-kill” or “pro-life”. Not “no-kill”. Public misperceives meaning on no-kill. Frequent personnel turn over in shelters. New personnel claim to be expert. Learning is ongoing. Can’t learn enough.
Lisa Vittori - Has dog through Rocket Dog Rescue. He would have been euthanized at ACC because of his initial condition. Medical costs for dog has run $3000 so far. SPCA has opened up new hospital. Rescue groups shouldering costs of vet care. Any animal that is alive should get to live. Is ethical issue.
Susan Wheeler – Friends of Roman Cats – Commends rescue groups for their work. Personally saves lives by taking ferals in for spay/neuter and citing Italy as no-kill country with few resources. Urges Commission to support no-kill initiative.
Public comment closed
6 B Discussion and possible action to appoint a Commission representative to Joint Zoo Committee
Comr. Stephens – Last month question arose whether to appoint a Commissioner or a member of the public. Jason Chan, liaison of Mayor’s office to Commissions, believed it should be a Commissioner. Mayor’s office is part of the executive branch. Our Commission is appointed by the Supervisors so we are part of legislative branch. Therefore Mayor’s office couldn’t tell our Commission what to do. Chan suggested talking to Supervisors, in particular Supervisor Dufty, who worked with Daly on zoo ordinance, to find compromise. Received letter from Dufty this morning stating he thought it would be member of Commission. Not a member of the public. Believes Commissioners are already vetted by the Board. Appointed Commissioner would report regularly to the Commission on zoo issues. Public could have input then. Is still committed to being on JZC and also committed, if appointed, to meeting with animal welfare advocates. Believes Mayor expected appointed non-vet to be a Commissioner. Sub-committee members are appointed from members of Commission. Not from public. This appointment is not technically a sub-committee but is a reasonable comparison.
Comr. Gerrie – Read Bevan Dufty’s letter. Disputes his assumptions that a Commissioner is the best person for this position. We have general interest in animals but no history in zoo animals. I met with Bevan as well and felt he was out of touch with who we are. He has never been to our meetings. He has an assumption that we are animal experts. He doesn’t know. Picked up commission’s mail today. Received 46 letters of support for Deniz Bolbol for the seat. As to procedure, it comes down to appointing you or Deniz. I haven’t seen anyone else coming forward. I have prepared questions that might help to learn each person’s knowledge of zoo issues. Don’t feel guided by Bevan Dufty’s letter. Our time on this Commission is up two months. We may not get reappointed. It would be better to have someone that has a history of commitment to zoo issues.
Comr. Hemphill – Agrees with Comr. Gerrie’s comments. We need someone with zoo expertise and dedication. Presumptuous to appoint from among Commissioners when someone else can better represent the animals.
Comr. Routhier – Letter seems clear of what we are asked to do. Feels confident in Comr. Stephens. Has known her for years. Works well with others. Can be a liaison between experts. Makes a motion to support Sally. Seconded by Comr. Padilla.
Comr. Routhier – Motion to support Sally is a motion to support Deniz. According to letter, our job is to appoint a Commissioner.
Comr. Padilla- Seconded motion is support for Sally and Deniz to work together. Doesn’t see it as either/or but benefit of both.
Comr. Stephens – Believes working together and effectively is important. Can bring up issues that Joint Zoo will listen too. Joint Zoo has not been effective in the past. Is limited, as set up in the Lease Agreement. Can be more effective with a voice for the animals.
Comr. Herndon – If there is a motion and a second, don’t we vote?
Comr. Stephens – No. We must take public comment first.
Comr. Gerrie – Deniz does have a good track record of working with our Commission. We have supported her twice. She is not a radical that would not be listened to. Still feel she is most knowledgeable and competent to represent the animals at the zoo. Just because we are now on the Commission doesn’t mean we will be in the near future. I am thinking of someone there for the long term.
Comr. Stephens – If Commissioner is voted off Commission, than structure is in place to appoint another Commissioner. If no one wants to do it, than go out to the public. If an appointed member of the public could not serve, it would be more complicated to fine another replacement.
6 B Public Comment
Deniz Bolbol – Has been coming to Commission meetings for five years when issue is on the zoo. Has provided expert witnesses and documentation. Supervisor Dufty’s letter is only his opinion. Not a mandate. Dufty was a no vote against Commission’s recommendation. Zoo representatives at meeting tonight, Tanya Peterson and Bob Jenkins. They have never come to this meeting before. They are here to make sure I am not appointed. If appointed, will come every month with a written report in advance of the meeting. Strongly wants to be appointed.
Richard Fong – Believed to be most qualified based on zoological studies at UC. Worked on agendas for elephant seal, polar bear and other animals. Had thought about trying to apply. When learned that Deniz wanted the seat, had to rethink own reason for applying. Deniz has history with In Defense of Animals, IDA. Personally has worked on animal issues with Commission as well. Feels to be well qualified.
Nora Kramer – Has been an animal advocate since 2001 when started walking dogs at SFSPCA. Has known Deniz throughout that time. She is most qualified to be an advocate for the animals at the zoo. Knows many animal advocates in Bay Area. Deniz is first with zoo issues. She is the best choice. She has the dedication, commitment, and knowledge.
Kathleen McGarr – Thought, at last meeting, decision was made to open it up to the public. Doesn’t understand how it was narrowed down between Sally & Deniz. Not a black and white issue. Last year worked for months to raise money for a memorial for Tatiana, the slain tiger. Goal was to have it in place prior to one year anniversary of her death. Had no publicity. Only word-of-mouth. Cares about all zoo animals. Wrote letters in opposition to turn zoo into sanctuary. Turn zoo into a place for conservation and learning. Wants to see legislation for zoo-animal welfare start in SF.
Marc Toft – Should consider a member of the public for appointment. Shouldn’t just be selected from the Commission.
Tanya Peterson – Director SF Zoo – Backround on Supervisor’s Dufty’s letter. Last summer at discussions on Supervisor Daly’s proposal, he proposed a compromise to appoint two non-voting members to JZC. Was intended to provide different perspectives by animal experts. Zoo agreed. Understanding was that one appointee would be a practicing vet with zoo-animal experience. The other from this Commission having been vetted by Board of Supervisors. To change now, to open it to the public, would change what was agreed to.
Lisa Vittori - Agrees with last speaker of need to separate out the procedure and the person. Wants Laurie’s motion tabled. Haven’t clarified authority as to who gets appointed. First motion should be that there is agreement that appointment is within the Commission or not. Only then discuss who is suitable. Likes Sally but Deniz is the expert. Compares selling of zoo animals at Rec & Park meetings to slavery and selling of human beings. Doesn’t speak up to protest. Feels Deniz will speak up and do it right. Some Commissioners don’t like zoos and avoid going to them. Wants opposition to zoos to become a mainstream position versus a fringe position.
Nadine May – Grew up near zoo. Was taken by parents to zoo. Hated it. Would like to see public involved now. Supports motion to table the vote. Supports Deniz Bolbol. Shouldn’t be selling animals to amusement parks as was a giraffe recently.
William Beech - Zoo volunteer & member of JZC - Knows Deniz Bolbol. Has an ongoing campaign of questions and innuendo at JZ meetings. Has only caused harassment and momentary disruption. Doesn’t believe her behavior would change if appointed. JZC would be better served by someone more neutral. Deniz and her group know nothing of wild animals nor their care. Someone from Commission would be better.
L’Danielle Yacabucci - Supports Comr. Stephens. A Commissioner is needed. JZ doesn’t need an expert to know how abusive zoos are. Hopes Deniz will work with Comr. Stephens.
Mark Ennis – Believes choice is finding the best person to advocate for the animals, not between Sally & Deniz. Supports Deniz. Deniz has tried to bring transparency to JZ meetings. Wonders why zoo representatives have come tonight to oppose Deniz. Wants process from Commission to find the best person. Wonders why Sally did not speak up at last JZ meeting about the giraffe transfer and how the vet seat was hand picked by zoo. Commission should take the time to find the best person
Martha Hoffman – Doesn’t understand clearly what the position is. Concerned that a Commissioner in that seat may not know the issues well, might be intimidated, and will not speak up to advocate for the animals.
Dr. Elliot Katz – Surprised at Comr. Routhier’s nomination of Sally. Sees conflict of interest for Sally to be promoting herself for the seat. Members of ACWC are political appointees. Chosen for being somewhat conservative. Supports Deniz. Sees zoo representatives pressuring Commission to appoint a Commissioner. Perception is that Deniz would rock the boat too much. Believes otherwise. Amazed that Commission would choose Sally over Deniz. Sally is basically a bureaucrat. Zoo is determined to maintain status quo.
Pat Covello – Commends Commission for work for the elephants and recent efforts to make the zoo a rescue facility. Troubled by the attitude of the Commission. Supervisor Dufty is just one member of the legislative branch. Doesn’t speak for the Board. Dufty was asking for only consideration of a Commissioner. It was not a mandate in his letter. Commission seems determined to appoint a Commissioner. Feels something is going on behind the scenes. Seat of JZ would not have been available if not for Deniz who spearheaded both campaigns against the zoo. Zoo and the Mayor were scared of change. Deniz has been to all JZ meetings. Deniz has led the vision for the zoo. The Commission has not had a vision for the zoo but adopted Deniz’s. Feels Commission is trying to railroad Comr .Stephens into the seat. Deniz is the best person.
Douglas – Has worked with Deniz Bolbol over the last five years. She is experienced working with this Commission and the Board. Appointing Deniz Bolbol to this position will help animal welfare at the zoo.
Public Comment closed
Comr. Stephens – Comments were made about why Supervisor Dufty’s opinion mattered. He had worked with concerned parties to come up with a compromise to Supervisor Daly’s ordinance. He had met with the Mayor and they came up with the two non-voting positions on JZ. He had voted against Daly’s resolution but Daly’s resolution was not what this Commission had recommended. Therefore, it is not fair to say that Dufty was against what we had recommended. The oversight issue was significantly changed. That is why what he says matters versus what other Supervisors say.
Comr. Gerrie – Where are we with the motion to nominate you? Is it tabled or not?
Comr. Stephens – The motion was tabled last month to clarify what Dufty’s intention was. The motion made this time needs to be voted on.
Comr. Gerrie – We should first have a motion to agree that it be a member of this Commission before considering whom to nominate.
Comr. Herndon – We still have to vote on the motion.
Comr. Hemphill – Or withdraw the motion.
Comr. Routhier – Are you asking me to take the motion back?
Comr. Hemphill – Yes. A wider discussion still needs to go on at to whether the public is a part of this.
Comr. Gerrie – We haven’s voted on that whether it is just Commisioners. It seems premature to be selecting one person.
Comr. Herndon – A motion is made and seconded. The proper thing to do is vote.
Comr. Padilla – I made the motion last time and then withdrew it to understand intent. Is personally satisfied that work has been done. I favor keeping the motion on the table.
Comr. Routhier – Clarifies motion for Sally is not a motion against Deniz. Is impressed with Deniz’s devotion and knowledge to animal welfare at the zoo. Believes a Commissioner is the right person to represent the public. Has known Deniz and Sally for many years. Also impressed with Sally’s drive for animal welfare and is talented when it comes to politics. If Sally was someone who is scared to speak her mind, would not have made the motion. Would hope Deniz will work with Sally to keep communication flowing. Sees this as being a positive. Does not want to recall the motion.
Comr. Hemphill – Has neighbors who have visited the zoo and have been critical of it. Difficult situation, wanting to support the animals but there are things to criticize about the zoo. Zoo needs to be more open to criticism and flexible.
Comr. Stephens – We all agree on that.
Comr. Hemphill – Taking appointments within the Commission is not as good as taking candidates from the public.
Comr. Herndon – When the public felt our positions on the Police and ACC where too political, out votes were taken away.
Comr. Gerrie – Brings up questionnaire, distributed earlier, for zoo applicants.
Comr. Padilla – Feels that is inappropriate and Commission should vote.
Vote on motion to appoint Comr. Sally Stephens to JZC. Seconded by Comr. Padilla.
Yes; Comrs. Stephens, Padilla, Routhier, Gordon
No: Comrs. Gerrie, Hemphill
Motion is passed.
Comr. Stephens – Did not want it to become a contest between Deniz and self. From process point, should have been a Commissioner. Hopes to work with Deniz and Mark Ennis in the future.
7 General Public Comment
Dr. Elliot Katz – Comr. Stephens should have excused self from voting tonight. Abused position as Chair. Hopes Comr. Stephens can speak strongly about zoo issues. Intends to come to future Commission meetings to bring up zoo issues.
Comr. Padilla – Takes strong exception that Chair had done anything inappropriate. Motion was made by two other Commissioners based on learning about the topic.
Lisa Vittori – Has been in other groups when procedures have taken things in a different direction. Commission should look into cleaning up procedural questions. Does ACWC send out notices about meetings? Never receives anything.
Comr. Stephens – We don’t have any staff. Secretaries usually send out notices.
8 & 9 Future Commission Meetings and task allotments
Comr. Stephens – Nathan Winograd will be speaking next month. In April, dog & cat rescue groups will speak.
Adjournment 7:40 PM
Respectfully submitted by
Philip Gerrie
Commission Secretary