MINUTES
San Francisco Commission of Animal Control & Welfare
Thursday, March 20, 2014
1. Call to Order and Roll Call at 5:30pm
Commissioners present: Susanna Russo; Shari O’Neill, DVM; Jennifer Mieuli Jameson; Sally
Stephens; Rebecca Katz; Zachary Marks; Russell Tenofsky; John Denny
2. General Public Comment
No public comment.
6. New Business (Note out of Order)
C) Commendation. The Commission will honor the actions of the San Francisco firefighters who
went into adjacent buildings and rescued six dogs during the five-alarm Mission Bay fire on March
11, 2014.
Commissioner Stephens - As a pet owner, one of the things you fear is something happening
and you are not there to help your animals. That's what happened on the 11th. There was a huge
fire in the Bay Area. People were at work, out for errands, and suddenly, they were concerned about
their animals. The fire department did some amazing things in keeping the fire from spreading from
other buildings even though it was literally right across the street from it. There was damage to
some of the other buildings. People were contacting the fire department, and although the pets
were in buildings across the street, the heat from the fire posed a threat. There were windows that
were breaking from the heat. As this was going on, people could hear dogs barking, and were calling
the fire department. The fire department went through adjacent structures and rescued six dogs.
The Red Cross took care of the dogs until the owners were able to collect them.
Commissioner Katz - Actually, it was more than six dogs, it was more like 10 dogs. The
firefighters checked on other animals and determined they were safe where they were until their
owners returned. The ACC officers were on the scene and did not have to take custody of any of the
animals, which is better for us and the owners. The firefighters escorted residents to retrieve their
animals once it was safe. It was scary for us and the mutual aid work of the ACC and SFPD is
something we are very appreciative of.
Commissioner Stephens - Battalion Chief Brook Baker is here from the fire department.
Would you like to say anything?
Battalion Chief Baker - I just wanted to thank you for recognizing our efforts. The fire
department is is a very proud organization and we take a lot of pride in achieving our goals. This
was a successful operation for us - it was a very large fire. The heat was so intense it was breaking
windows across the street. One of the stories is about the first dog rescued. The firefighters
retrieved him before ACC arrived. The firefighters put him in the rig, where there was heat. The
sprinklers had gone off in the until across the street, and the dog was wet and cold. We want you to
know, we go to fires every day and we always initiate a search and rescue for people and pets. Very
often, we do rescue dogs, cats, birds, all sorts of pets, from fires big and small. This is part of what
we do. Very proud to do it. As a pet owner myself, I understand how important our pets are. Thank
you for recognizing our efforts. The fire department appreciates it.
Commissioner Katz - Thank you and let me know if you need any more animals.
Battalion Chief Baker - My wife is a big rescue person. I've had foster dogs at home many
times. Big pet lover, and thank you guys for what you do.
Commissioner Stephens - We'd like to present you with this plaque. (applause)
Commissioner Jameson - Is there anything on the fire trucks or in any of the fire vehicles for
animals? I know there are oxygen masks for humans, and I've seen, for animals. Does the city have
that kind of equipment?
Battalion Chief Baker - I do know there are individual companies throughout the city - In
San Francisco, there are 43 fire stations. Among them, I know there are a couple of companies who
have taken upon themselves to supply pet oxygen masks and such. Every single fire apparatus in
this city has EMT emergency medical equipment but as far as I know, medical equipment for
animals is not routinely carried on our rigs.
Commissioner Jameson - How often would that come up?
Battalion Chief Baker - It is very common that we find animals in structure fires. Cats are
much more difficult than dogs to get out of the building. Humans and dogs are easy to get out of
buildings. Cats are reluctant to get out. There's fish... I've seen parrots rescued from a building
before. In terms of how often it happens, I'd say it's very common. In terms of providing medical
aid, I have seen people adapt human oxygen masks to pets. Beyond that, we don't really carry any
specialized equipment. We have a child size mask that fits pretty well on dogs and cats.
Commissioner Stephens - It would make an interesting fundraiser for some group to stock
all the pet-specific breathing equipment.
Battalion Chief Baker - What we have works out pretty well. The animals are surprisingly
good at either getting themselves out or finding a place in the building where they can seek refuge
until we get there.
Commissioner Stephens - There was one case in Long Island of a dog in a structure fire.
When they found the dog, he was in the bathtub because there was actually clean air that was
coming up through the drain of the bathtub. So he was able to get enough clear air where he had
some smoke inhalation problems but he didn't die. What a smart dog!
Battalion Chief Baker - This event the other day was really overwhelming. I wasn't in the
area where they had gotten the dogs out of the building, but I'm glad we had success and thank you
again for recognizing our efforts.
3. Approval of Draft Minutes from the February 20, 2014 Meeting
No changes, questions, comments, or public comments.
Minutes approved.
4. Chairperson’s Report
Commissioner Stephens - Just a reminder that there are several commissioners whose
terms are expiring this year: Commissioner Fortier, Commissioner Russo and Commissioner
O'Neill. If you guys want to resubmit your application, and if any members of the public want to
submit applications, information is online. There's also a handout over there that board supervisors
and the clerk put together that has more information. Commissioner O'Neill is a veterinarian who
works in San Francisco and that is a requirement for her seat - to be a vet who actually practices in
San Francisco. The other two seats - the only requirement is that you be a San Francisco resident
and be interested in/care about animals. We encourage anybody who is interested in applying to do
so. Everyone who applies will be heard before the Rules Committee of the Board of Supervisors and
then they choose who to recommend for appointment. Any questions or comments from
commissioners? Any public comment?
No questions/comments. No Public Comment.
5. Old Business
Commissioner Stephens - The San Francisco PD Vicious and Dangerous Dog Unit. Discussion
only to update the commission on the status of the Vicious and Dangerous Dog Unit in light of the
upcoming retirement of the officer in the unit. We talked about this at the end of last year and the
commission took the position of wanting this unit to continue. Officer Denny is retiring in a few
months and we want to make sure that the unit doesn't go away when he's not there. I had sent an
e-mail to the Chief of Police and then called the office and expressed concerns about the unit
continuing. I got two e-mails in the last couple of days. One from Deputy Chief Hector Sainez and it
says "I am the newly appointed Deputy Chief of Operations. My office oversees the Vicious
Dangerous Dog Unit. I appreciate your e-mail and recognize, as you mentioned, this unit has
become a model for others, and I understand the need for the services we provide to the
community of San Francisco. This is a success story. We reassure you that the SFPD will be
assigning a full-time officer to the Vicious and Dangerous Dog Unit before Officer Denny retires, and
we remain committed to working with our partners to strengthen established relationships." I also
received an e-mail from a commander, Joe Garrity, who responded: "The SFPD will continue to staff
the Vicious and Dangerous Dog Unit and Dog Court with an officer or a sergeant at this time. I agree
with you and others that the program has been a model for other communities and a great resource
for other city and county departments. I can remember when officer Mark Hurley started the
Vicious and Dangerous Dog Unit, and how it has progressed as an important tool, resource,
prevention and intervention program. When I was captain at Tenderloin Police Station, The Vicious
and Dangerous Dog Unit and ACC were presenters, and the people at the Tenderloin monthly
meeting and general public loved the presentation. Officer John Denny will be retiring in the spring
of 2014 and a few subjects are being considered now as his replacement. The Vicious and
Dangerous Dog Unit will continue. The person that will replace Officer Denny will spend time with
him and train and monitor his duties. Please advise the Animal Commission that SFPD and Chief are
committed to the unit and the program and investigations of each case. As a dog owner in this city,
this is a program that's important all people to all people in the community." That was very
reassuring and good to hear, that they're committed and will be staffing the unit and investigating
cases - that's very good news. The next step is - Animal Care and Control have put in a request for a
budget for someone to be the hearing officer. So we want to sit on the mayor's office and the board
of supervisors and make sure that happens. Do you have any updates on that?
Commissioner Katz- We're beginning to put together some ideas about contracting for a
hearing officer to oversee.
Commissioner Stephens - If you need any support from the commission or the community,
just let us know.
Commissioner Katz - I don't expect there's any controversy about that piece of our budget.
Commissioner Stephens - Are there any questions or comments from our commissioners?
Commissioner Russo - Yes. If the plan is to get someone hired and in place and trained, I am
wondering how much time there is left to do that before Officer Denny is gone. What exactly is your
retirement date?
Commissioner Denny - May 31st. They have some subjects they're looking at, and obviously,
having some experience in this area will be a great benefit. I guess I don't have the answer to that. I
don't know when they plan on doing it.
Commissioner Russo - Are you involved in the selection process in any way?
Commissioner Denny - No.
No public comment.
6. New Business (Note out of order)
A) Support for AB2140 - The California Orca Welfare and Safety Act.
Discussion: possible
action is to send a letter to the San Francisco Board of Advisors asking them to support California
State Assembly member Richard Bloom's - he's a Democrat from Santa Monica - Bill 2140,
the California Captive Orca Welfare and Safety Act. The act would end performance space
entertainment for all orcas in the state, end captive breeding programs, import and export of
orcas, and require all currently captive orcas to be retired to sea pens. Orcas are intelligent, highly
social animals and should not spend their lives in small concrete tanks performing for humans'
entertainment.
Commissioner Tenofsky - Thanks so much for opening this on the agenda. I brought this up
because it's been in the news a lot lately. The scientific evidence is certainly mounting
tremendously in terms of citations and specifically orcas - their intelligence and their family units
and their empathy. I think this issue is pretty straightforward. A lot of people understand about
captivity issues. I wanted to put this item out because I think it's relevant to the board and relevant
to the commission. I want to quote Assemblymember Bloom: "There's no justification for the
continued captive display of orcas for entertainment purposes. These beautiful creatures are much
too large and far too intelligent to be contained in small concrete tanks for their entire lives. It's
time to end the practice of keeping orcas captive for human amusement. In their natural habitat,
orcas are family-oriented, highly adaptable, socially complex; with cultural traditions that trail only
humans as the most intelligent creatures on this planet. However, in captivity, they have shorter
lifespans, health problems, live in swimming pool-sized habitats that are approximately one ten
thousandth the required size and demonstrate aggressive behavior towards one another and
towards humans that have never been documented in the wild." To sum up, Bloom says "They
simply do not belong in captivity." And just this morning, the LA Times put out an editorial
supporting this and saying that killer whales do not belong in captivity and there is no truly
humane way to keep them there. Captive breeding should end and the only way to achieve this goal
is to inform the public about these issues. I think it's part of this commission's duty to inform the
public about these issues and support these issues when they arise in the community.
Commissioner Stephens - Do you know what the status of the bill is? Is it in committee?
Commissioner Tenofsky - It's not in committee. It will go before the Assembly Water Parks
and Wildlife committee on April 22nd.
Commissioner Stephens - Any public comments? Okay, one at a time and three minutes each.
Kevin Connolly - Thank you to the commission for entertaining public comments on this bill.
My name is Kevin Connolly. I am a 25-year resident of San Francisco. I am the associate director of
the Earth Island Institute, an organization founded in 1982 here in San Francisco by the famed
environmental leader David Brower, located in the David Brower Center in Berkeley. Just wanted to
show our appreciation for your consideration, and urge the passage... Earth Island is the
organizational home to more than 65 projects working on a whole array of environmental and
animal advocacy issues in the Bay Area, around the country, and over 40 countries around the
world - and in the world's oceans as well. Locally we work on various animal issues. You might be
familiar with our Project Coyote, who works on coyote coexistence issues in the city. There's also
Project Nature in the City, which works with SF Environment, the Parks and Rec on various
volunteer projects for habitat restoration, for birds and butterflies and other species here in the
city, to our bear wilderness training - where we get at-risk urban youth out on wilderness
adventures. So we have a long history of working with commissions and departments within the
city and one of the projects we're most noted for internationally is our work on behalf of cetaceans -
marine mammals, whales and dolphins around the world. I have two colleagues here with us who
will speak more to the legislation that's proposed and to the scientific basis for the advocating of
the adoption of this bill. Our work with the International Marine Mammal Project is worldrenowned.
My colleagues and our co-executive director Dave Philips instituted the worldwide
dolphin safe tuna labeling, and we continue to monitor the world's oceans for compliance to that
standard. We are the folks who - if you've seen the film Free Willy - freed the whale Keiko and
returned Keiko to the wild. More recently, our colleague Ric O'Barry's work was highlighted in his
efforts to protect whales and dolphins in Japan in the Academy Award-winning film The Cove. On
behalf of our organization and me personally being a fan and friend of marine mammals, seeing
them in the wild and in captivity - I appreciate your consideration and urge you to endorse this
legislation. We are in contact with Representative Bloom, and will further comment in support on
April 22nd. Thanks again.
Mark J. Palmer - Thank you. I am Mark J. Palmer, the associate director of the International
Marine Mammal Project of Earth Island Institute. Earth Island Institute was established by David
Brower. Some of you may have known Dave when he worked on the Protection of the World
Environment. We are supporters of AB2140, and are working with Assemblymember Bloom to get
this through the California legislature. A tough haul, I suspect, given the interest. There's only one
facility in the state of California that has captive orcas at this time - it is Sea World of San Diego.
They have ten captive orcas there that they involve in various programs that I don't think are
terribly educational for the public - they're essentially circus performances by these animals.
They're extremely intelligent animals, animals that are not well-suited for captivity in any way,
shape or form. For example, Ric O'Barry from our office in Miami states that captivity takes the two
most important things away from these animals. One is their relations with their brothers and
sisters - as adults, these animals usually live with their families for the entire length of their lives.
When you remove them from the wild and put them into captivity, you put them into captivity with
strangers. This causes a great deal of stress and fighting back and forth between the animals, a lot of
juggling by people at Sea World to keep them in different tanks so they don't attack each other. The
other most important thing it removes them from is the freedom of the ocean and their
environment that they live in. These are animals that swim many miles, they eat live fish - to trade
that for captivity in very small tanks where they can't use their sonar, where they are indeed given
dead fish rather than live fish - nonetheless, very good veterinary care and as Commissioner
Tenofsky has said that the animals just don't live as long in captivity as they do in the wild. So we're
hoping to phase it out and to remove these animals from captivity. Most of them will be retired to
sea pens - a large enclosure where they could feel the impact of the bay. They would still be
available for public review, but they wouldn't do the dumb tricks they're doing now - the leaping
out and the riding on top of and other things that aren't terribly scientific and don't happen in the
wild. At the same time, some of them may be able to be released. We're not sure about that. That
will require considerable work. Again, we are in support of AB2140 and we hope you can all
support it.
Public comment closed.
Commissioner Stephens - Are there any orcas in the Bay Area?
Commissioner Tenofsky - No. There are no captive orcas in the Bay Area. The only captive
orcas in California are at Sea World in San Diego. There are, however, pelagic whales that go out to
the Farallons and there are also the J, K and L pods from Peuget Sound that do come down and
their territory does sometimes extend to the bay.
Commissioner Stephens - Sea World - it's not just San Diego, right? Do you know how many
there are?
Commissioner Tenofsky - They own 3 facilities in the States.
Commissioner Stephens - Orlando, Texas, and San Diego. And they all own orcas and do
dolphin shows too.
Motion to pass item 6A by Commissioner Tenofsky. Second by Commissioner Jameson.
Motion passed.
6. New business (note out of order)
B) The right of safe passage for whales and dolphins in the waters near San Francisco.
Discussion: possible action to send a letter to the San Francisco board of supervisors encouraging
them to support the free and safe passage of all whales and dolphins in our coastal waters, San
Francisco Bay and its estuaries, and to encourage citizens to do all within their power to protect
them and preserve their natural environment. Commissioner Tenofsky.
Commissioner Tenofsky - This is on the tail of the previous item. This was a resolution that
was recently passed in Malibu and it is something I think that tremendously affects the bay and our
waters and estuaries in San Francisco. Certainly, recent scientific studies have greatly increased our
knowledge about the lives of whales and dolphins in the waters of the Bay Area. We know from
scientific evidence that whales and dolphins are highly intelligent sentient emotional marine
mammals who live in families or close-knit socially oriented groups. We also know that the lives of
cetaceans are affected by even the subtlest changes in their environment. The cumulative scientific
knowledge has led to a tremendous surge in peoples' concerns for the lives of individual whales and
dolphins. The understanding and concern has gone so far that recently we've seen competing
factions in the Bay Area have agreed to, for instance, change shipping lanes to protect whales.
Scientists have shown that changes in the environment are greatly affecting cetaceans' behavior.
Recently about 60 coastal bottlenose dolphins have been spotted traveling from southern California
going way past the San Francisco Bay waters off Bodega Bay. Apparently this is pushing the
extreme northern limit of their range, and scientists say that this is 10% of their entire west coast
stock - these aren't migrating animals, but animals moving weekly and not making short trips.
Thankfully, the news regarding cetaceans living in the San Francisco Bay and its estuaries is not all
bad. There has been recent documented evidence of the return of the Pacific Harbor Nose
Porpoises, after over 60 years of being absent from the San Fransisco Bay. According to the U.S.
National Oceanic and Atmospheric Administration, there are over 9,000 now living in the San
Francisco/Russian River coastal population. The population has flourished so much that maybe
some of you have seen that scientists are looking down from the Golden Gate Bridge and are able to
identify individual animals. One animal named Scoliosis because of her very strange back has been
seen quite a few times. Most recently, in the past few months, was seen with a calf, which is great
news for the population, showing how well it's thriving. They have also identified one of the two
only known all-white porpoises, which they've named Mini Moby. The scientific knowledge
demands that people who are concerned for animals and dolphins and whales and all cetaceans
continue to speak out on their behalf and continue to fight for their right and safe passage through
the waters of the San Francisco Bay and its estuaries.
Commissioner Stephens - Did you say that they have changed shipping lanes or they want
them to?
Commissioner Tenofsky - They have changed, yes. It happened last year. I can't remember
all of the organizations and commissions and committees that came together but they did all change
the shipping lanes.
Commissioner Stephens - Are there any threats that this is designed specifically to address?
Commissioner Tenofsky - There are constant threats to the animals and cetaceans in the
bay. Scientific studies have shown just how fragile their environment is, even seismic activity from
U.S Navy testing or other oil and drilling testing for natural gas changes their behavior. We have a
recent study that's shown how much those seismic waves change the behavior and the calls of
humpback whales - change their breeding calls and obviously that affects their entire population. I
know that with other animals, even just the noise of boats - like whale-watching boats - affects their
behavior tremendously. Pollution and access and tidal changes are all tremendous changes to
what's going on in their environment and that really affects them tremendously.
Commissioner Stephens - The seismic waves - we don't do that drilling in San Francisco.
Commissioner Tenofsky - My point is that any sound that is coming off a boat or whalewatching
boats is affecting their behavior and affecting how they are breeding. Pollution is
obviously a tremendous concern. Stock of fish is a tremendous concern; what they eat. Even just the
subtlest changes affect them.
Commissioner Stephens - I'm behind this all and think this is great but I am unsure - there's
nothing really specific that you're asking or addressing in this. It's more of just a general...
Commissioner Tenofsky - Just a reiteration that this is a concern for us. I can't speak to it
personally, but I know there are some people here who were involved in what was passed in
Malibu, and involved in the cetacean issues all up and down California. The San Francisco Bay out to
the Farallons and the waters all around the bay and its estuaries are home to a myriad of cetaceans.
The Farallons and the Cordell Bank have the most diverse wildlife areas in all of the country, if not
the world. I feel it's our duty to help protect these animals when we can, and to speak out on their
behalf when we can. This is just a reiteration of that.
Commissioner Stephens - I agree - hopefully someone will read this or look at the agenda
and start thinking about everything. I'm just not sure if it's something the board - we have a limited
number of arrows we can shoot at the board, so to speak. Historically, the commission's not been
particularly well-regarded by the board - they've thought we were on the crazy side - wacko - "oh,
those crazy animal people," that kind of approach. Personally, even though I am completely behind
everything, I'm not sure that this is something that we need the board to take an action on. Giving
information to the board and asking them if there's information that they could put out in their
newsletters - I think that would be a great thing, and maybe that's something that the Earth Island
Institute could do, or even you could do, but I'm just not sure... what do we want the board to do?
Do we want them to pass a resolution about this?
Commissioner Tenofsky - Yes. Just as they did in Malibu, I want them to pass a resolution
saying that this is something they're concerned about and that this is part of their agenda. And as
you were mentioning, what that does is allow people to see that their government, their
commissioners, their leaders are concerned about these issues and these are issues to be concerned
about as well.
Commissioner Stephens - Any other comments or questions?
Commissioner Tenofsky - Can I ask a basic procedural question? Are there a specific
number of items that we are allowed to pass on to the board of supervisors?
Commissioner Stephens - No. It's more like... the more things we send to them, especially
the more things that aren't a very specific thing we want them to do, they just stop listening.
Commissioner Tenofsky - I understand, but again, this is something that other cities have
thought, and the leaders of those cities have thought, that this is something important that they
should bring forward and to pass themselves.
Commissioner Katz- You need a champion at the board for anything you're going to bring to
the board. Going to the well a few times can be challenging, I think.
Commissioner Stephens - When you say champion, you mean a supervisor, correct?
Commissioner Katz - Yes.
Commissioner Tenofsky - I understand.
Commissioner Russo - Have you talked with anyone on the board of supervisors?
Commissioner Tenofsky - I have not, as of yet. There was a time issue with that. This just
came out recently. It's something I believe we should support, just to keep the public information
up. It also goes very well with the item that we just passed and shows that we are very committed
to these issues.
Commissioner Russo - Based on my previous experience trying to encourage the board to
pass measures - if you don't have someone who says "yes, I believe in this, yes, I'm going to commit
time, staff, etc." and have that lined up ahead of time, things just get lost and go away for lack of attention. Sometimes it's less effective if the commission votes to put something towards the board
that doesn't already have support. It can make us look less effective.
Commissioner Tenofsky - I understand your concerns, but I'm not sure that as a commission
we should be concerned with what the board of supervisors picks up, I think our concern should be
what we think is correct and right. And it sounds like all of you are saying this is something we
believe in - it doesn't have to be picked up by the board of supervisors to be successful and to show
the public that this is something the city of San Francisco endorses. We are obviously a commission
credited by the San Francisco board of supervisors. We have some gravitas ourselves. We have
some weight that can be shown in the public, and we are in some sense, a force. So we would be
able to use that force and show what we believe in. It seems like this is something people say they
believe in, yet their concern is that others aren't going to endorse what they believe in.
Officer Denny - I'd like to chime in. I'm a big fan of this too. Not long ago, I was swimming
out at China Beach, going parallel to the shore, and when I took a breath I looked up and saw dorsal
fins. When you're in the water and see any dorsal fins, that's bad news. But it turned out it was a
pod of dolphins swimming towards the Golden Gate. It was very exhilarating after my heart started
beating again. I'm a huge fan of this. My only concern, procedurally, is - I've been on this
commission a long time, and when they hear from us, the first tendency is to roll their eyes. With 6A
- support for AB2140, we're going to a send them a letter, and I think that's the focus of the
communication. I think if they if they got the other thing right on the heels, it might dilute the
impact of what we're asking them to do to help the orcas. It's just a gut feeling. It's just how things
that come from this commission are perceived. It hasn't happened recently, but in the past, some
strange things have come from the commission. I think the board of supervisors were holding us at
arm's length for some time. I think the smart play right now would be to write the letter for the orca
legislation, and see who bites. I'm in favor of sending this item too, but I'm just wary of them
hearing from us too often. That does sound pretty sheepish, though, when I put it like that, but that
seems to be the facts.
Commissioner Tenofsky - I can appreciate what you're saying. I understand the politics of
the situation. I don't think we should sit back and not act on how we believe. The San Francisco
board of supervisors' take is their own issue. Us passing this is our issue. This is something we're
concerned about, apparently, and we believe in, we shouldn't, as you just said, sit back and not pass
something that we believe in just because we think that the board of supervisors is going to think
it's too much that we're sending them information.
Commissioner Marks - I agree with both sides of what's been said here and I agree with
your statements as well. It seems the point of contention is what we're specifically asking the board
to do, if they should encourage, on their own, taking a position or not, and it seems like - I would be
supportive of still sending a letter to the board, advocating or stating our position and like you said,
it would be up to them if they wanted to take up this issue or not. I think that we should express our
beliefs, our opinions on this issue to the board - not necessarily advise them to pass a resolution on
their own.
Commissioner Katz - You might want to make a determination on how hard you want to
push for something as well. That becomes a question too. The position of the commission, or urging
the board to take action may be two different things.
Commissioner O’Neill - Russell, do you have something prepared? This is a discussion/
action item.
Commissioner Tenofsky - It was sent around, yeah. It's part of the paperwork that was
handed out. I know it was one of the attachments that Sally sent.
Commissioner Stephens - And there's a copy of it on the table for anyone in the audience.
Commissioner Tenofsky - It's essentially what was passed in Malibu. I may be incorrect, but
I believe what happened in Malibu came from the mayor him or herself. It was something put out
by the city government.
Commissioner O’Neill - Perhaps, instead of looking at it as a resolution, it could be that this
is more of an awareness issue? This goes back to what the goal is - if we want the resolution, or is
the first step just to make everyone aware and then see if someone does take an interest - and then
we could go to the next step.
Commissioner Marks - Passing the resolution is making them aware.
Commissioner O’Neill - I agree, but it seems like - based on our experienced members here,
asking them to pass a resolution may be more than the first steps of just letting them be aware that
this is happening in other places and maybe some examples - more of an awareness type thing
rather than asking them specifically to pass the resolution. Does that seem like a reasonable first
step?
Commissioner O’Neill - What if we as a commission were to pass this resolution rather than
asking the board of supervisors to do so? We could change the resolve to "The Commission of
Animal Welfare supports the free and safe..."
Commissioner Tenofsky - I was going to make that suggestion but I'm not sure what the
technical difference is.
Commissioner Stephens - I wonder if there's a way to essentially combine 6A and B and add
a "whereas" to whatever the letter you write in support of AB2140 that also would call attention to
this idea. Then when you go and advocate with the supervisor to make the idea of safe passage part
of it... it's very similar subject matter and two separate items coming at the same time with very
similar subject matter might be - they might pick one or the other and I don't know that either of
them is more important than the other. That might be a way to not lose the idea of raising
awareness among the supervisors about the issue of safe passage, and as you're mentioning, some
of the other issues of pollution and things going on that affect the animals. Folding that in with the
reason why they should care about the orcas at Sea World is in part because of all these other
issues. It might be a way to do both at the same time.
Commissioner Tenofsky - I'd actually like to keep them as two separate issues because I
think they are two separate issues. One is an actual piece of legislation and one is a resolution. Us
passing this resolution and the board of supervisors picking it up is their determination. I think
they're bright enough individuals to see the difference between the two. As I said, certainly the
Malibu resolution has gotten so much press recently that I wouldn't be surprised if they bought it
on their own.
Commissioner Stephens - Any public comment?
Mark Palmer - Mark Palmer from Earth Institute again. We are in support of this. Malibu just
passed their resolution February 24th. We're going to look at other cities and counties and other
governments up and down the coast to pass these kinds of resolutions. It is an effort that is greater
than just the city of San Francisco. But I would hope you would bring it to the attention of the board
of supervisors as a separate resolution.
Kevin Connolly - I appreciate you bringing this forward, Commissioner Tenofsky, and for all
of you, I appreciate your conversation here, it's very insightful. I would also urge you to pass this
resolution in addition to - our colleagues here from the International Mammal Project, which you've
heard of before. Earth Island Institute is also the home to the Great Whale Conservancy as a project,
and it's part of our campaign that safeguards America's waters based in Alaska, the northern home
of many of the migratory whales that pass through our California waters en route to their calving
grounds in Baja, Mexico. Michael Fishback, the project director, has been working down there for
over 30 years on both mortality and the births and deaths and of tracking them. Affiliated with our
project in Earth Island a few years ago, specifically around this issue, around ship strikes - ship
strikes have emerged. One of the largest impacts on the recovery and survival of a variety of whales,
specifically on the largest marine mammal, the blue whale - for that reason, along with the
commissioner, our enjoyment here in the bay waters and coastal San Francisco - as a sailor on the
bay, riding on ferries and seeing the majestic animals from a safe distance, protected by the federal
guidelines, is just such a thrill and a big part of tourism, as we've seen in other areas like Malibu. It's
why people come here, it's such a vital part of our economy to see and appreciate these wild marine
mammals. To the point Commissioner Tenofsky made, there is an effort and recognition from
governments, as we've seen with the Malibu legislation, and your consideration of this - but also
from the maritime industry and from the government and others looking at this issue and
recognizing it becoming a problem. There were some agreements made last summer to voluntarily
amend some of the shipping routes to avoid strikes, during the migratory season. Also being a tech
city, people are looking at ways to work with the shipping industry to provide alerts to slow down
to provide safe passage - so, there's wide and growing awareness of this issue. We were encouraged
as advocates by Malibu, and being that this is my home of 25 years and appreciating the bay and
coastal waters and these animals, I appreciate your consideration. One of our founder David
Brower's favorite quotes was to quote Goethe: "Boldness has genius, magic and power." I encourage
you to be bold and put forth this resolution to the full board of supervisors. Thank you for your time.
Laura Bridgeman - Hi, my name is Laura Bridgeman. I work with the International Marine
Mammal Project with Mark Palmer. It's a project of the Earth Island Institute. I've lived in San
Francisco for 3 glorious years, never want to leave. In early February, Dr. Laura Rosenthal, who is
the councilmember for Malibu City Council approached me and wanted help drafting this
proclamation. On February 24th, 2014, it was stamped by Mayor Joan House. So I really hope that
you can support this resolution because dolphins and whales - although we don't have any in
captivity in San Francisco - they need as much protection from us as they can get. This resolution is
very important.
Public comment closed.
Commissioner Tenofsky - Motion to pass resolution 6B.
Commissioner Jameson - Second the motion.
Commissioner Stephens - What do you want in the letter?
Commissioner Tenofsky - Just what I drafted.
Commissioner Stephens - Okay, got it.
Motion seconded. Roll call of votes:
Commissioner Tenofsky: Aye.
Commissioner Jameson: Aye.
Commissioner Marks: No.
Commissioner O'Neill: No.
Commissioner Russo: Yes.
Commissioner Stephens: No.
Commissioner Stephens: It's a tie, 3-3, because one of the commissioners was not here. So
we will take this up next month.
7. General public comment.
No public comment.
8. Items to be put on the Calendar for Future Commission Meetings.
Commissioner Stephens - Next month, we will have a presentation on coyotes in parks
being organized through Project Coyote with a ranger up in Marin County who's going to speak
about it and what to do if you encounter a coyote in a park and that sort of thing, their behavior...
the pupping season is about to begin so it's important to remind people. If there's anything else
anyone wants to put on the agenda.
Commissioner Tenofsky - Do I have to put this item on the agenda or is it automatically on
there?
Commissioner Stephens - It's automatically on.
Commissioner Russo - I have a question that doesn't relate to the agenda. My question goes
back to the old business. Sally, were you planning to respond to either or both of the e-mails from
the police department?
Commissioner Stephens - The one I just got. The other one, I did send a thank you, and that I
was glad to hear of Deputy Chief Szinez’s. The one from Commander Garrity, I literally got about
two minutes before the meeting.
Commissioner Russo - I would like to read them. I listened to what you had to say, but there
was a fair amount of information so I would like to read them. I also hope that you will respond and
express - maybe I'm the only one, but I have real concerns about the timeline. I don't know if this is
becoming an action item or whether you were planning to respond to it, but I'm just concerned that
the replacement for Officer Denny - that person be training while he is still in that position. It seems
as though we're - well, the process is late. I just have a real sense of urgency about it. So if you are
planning to respond, I'd like to read both e-mails and also read your responses.
Commissioner Stephens - I think because I read them it's public knowledge so I can
certainly forward them to you and anyone else on the commission that would like to see them. The
public has had a chance because I did read them so they could see what they are.
Commissioner - This thought has been percolating as we talked about other issues.
Commissioner Stephens - I was planning to respond, and I will mention that concern. I don't
know that we need to agendize it for another meeting, however, but yeah.
Commissioner Russo - I wasn't really asking for that.
No public comment.
9. Motion to adjourn.
Motion to adjourn passed.