2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
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 - JANUARY 10, 2002
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the January 10, 2002 meeting of the Commission of Animal Control to order at approximately 5:32 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 arriving at 5:39 p.m., Frederick Hobson, Sherri Franklin, Carl Friedman, Animal Care & Control, Sgt. Bill Herndon, SFPD. City Attorney Rosa Sanchez was in attendance.
Commissioners Absent: Jack Breslin, Dept. of Health.
A vote, which was unanimously passed by the Commission, was taken to approve Com. Breslin’s absence. The City Attorney advised the Commission that because the above-item was not agendized, the Commission could not take action on it, and recommended for future meetings that the item be agendized.
Coms. Friedman and Herndon left at 6:35 p.m., City Attorney Rosa Sanchez and Com. Hobson left at 6:46 p.m.
The meeting was convened at 5:32 p.m. and Commission Chair Eckman presided during all aspects of the meeting. Six 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. PUBLIC COMMENT
Item taken out of order. (See Page 4.)
3. APPROVAL OF MINUTES OF DECEMBER 13, 2001 MEETING
[Discussion/Action Item]
Com. Hobson moved, seconded by Com. Bentley, to review and amend the minutes. The Chair opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
.
Corrections were indicated to the December minutes as follows:
Com. Bentley indicated on page 3, Item No. 4, the third line, the word "mobbed" should be "mocked."
The Chair indicated that on page 1, under Item 1, "Seven" Commissioners, should be changed to "Five" Commissioners.
Com. Hobson moved, seconded by Com. (Bentley) that the December 13, 2001 minutes be approved as amended, and they were unanimously approved by the Commission.
4. CHAIRPERSON’S REPORT AND OPENING REMARKS [Discussion item]
A. Welcome to new Commissioner Kelly Jensen, DVM.
The Chair extended a welcome to Kelly Jensen, whose seat is pending confirmation by the Mayor.
The Chair requested to take Item 8 (Election of Officers) out of order, with Com. Hobson asserting that the Commission had no officers or chair. He stated that according to the Commission’s bylaws, Article 3.1 states, "The terms of office for the officers shall expire January 1st, following the date of their election." Then noted that if it’s not in the Commission bylaws, that Roberts Rules of Order shall rule and then cited page 444, Section 3 of Roberts, "If neither the president or vice president is present, the secretary shall in their absence conduct the meeting," and further cited that, "The members of the Commission shall then appoint an interim chair to chair only that portion of the meeting until the election of an officer."
City Attorney Sanchez responded that it was the opinion of her office that what Com. Hobson stated is correct, except for the meaning of "absence," that her office has taken that to mean physical absence, and that following Common Law, the Commission will continue a holdover of offices until a new officer is elected. She further stated there are case laws that discuss this Holdover Doctrine and that the Doctrine applies to offices which have expired but no new officer has been elected, therefore the prior officer holds-over until a new officer is elected.
Com. Hobson went on record to protest that opinion.
The Chair then requested, without further objection, other than noted above, to take the elections out of order, and asked for nominations.
ITEM TAKEN OUT OF ORDER:
8. NEW BUSINESS
[A] An election of officers to begin the term of January 2002 will be conducted pursuant to Article III, Section 3.1 of the Commission’s Rules and Regulations. The officers to be elected shall be a Chairperson, Vice Chairperson, and Secretary. [Full Commission] [Discussion/Action Item]
The Chair asked for nominations.
Com. Wilson nominated Com. Elissa Eckman for Chair.
Com. Hobson nominated Com. Cheryl Bentley for Chair.
The Chair, hearing no further nominations, opened the meeting to public comment:
The following members of the public addressed the Commission and spoke in support of the current Chair, Elissa Eckman: Nancy Wuerful, Vice President of SPEAC; Nadine May read a statement on behalf of Chin Chi, and noted that she herself concurred with the statement; Steve Cockral, SF Dogs San Francisco; *Ellen (Yakabucci), Volunteer with the Quail Restoration Project, etc; Martha Hoffman, and Robin Buckley.
The Chair, hearing no further public comment, returned the meeting to the Commission.
Coms. Hobson and Tchen spoke in support of Com. Cheryl Bentley for Chair.
Com. Friedman stated his hope that whoever was elected chair, that every commissioner would support that person, with Com. Herndon stating he would give his support to either candidate.
Chair Eckman and Com. Bentley spoke in their own behalf and expressed their thoughts about some of the current problems of the Commission and their hopes for the future direction of the Commission.
Two votes were taken: The first being those Commissioners in favor of Elissa Eckman for Chair, with Coms. Franklin, Eckman and Wilson in favor; The second being those Commissioners in favor of Cheryl Bentley for Chair, with Coms. Tchen, Hobson and Bentley in favor.
The Chair stated there was an impasse on the vote at 3 to 3, that the vote be continued to the February meeting when there there will be another commissioner present, and then accepted nominations for Vice Chair.
Com. Wilson nominated Com. Sherri Franklin for Vice Chair.
Com. Bentley nominated Com. Frederick Hobson for Vice Chair.
The Chair opened the meeting to public comment, and the following members of the public addressed the Commission and spoke in support of Sherri Franklin: Nadine May and Ms. *Yakabuci.
A vote was taken: The first being those Commissioners in favor of Sherri Franklin for Vice-Chair, with Coms. Franklin, Tchen, Wilson and Eckman in favor; The second being those Commissioners in favor of Frederick Hobson for Vice Chair, with Coms. Bentley and Hobson in favor.
Com. Franklin was elected Vice Chair by a 4 to 2 vote.
Com. Hobson then stated that since the Commission had elected an officer, that officer, since we don’t have a Chair elect, becomes the chair of the Commission until next month, with City Attorney Sanchez responding that the same opinion continues, the Chair is going to holdover until a new chair is elected.
The Chair then accepted nominations for Secretary.
The Chair nominated Com. June Wilson for Secretary.
Com. Hobson nominated Com. Catherine Tchen for Secretary, but Com. Tchen declined the nomination.
The Chair then opened the meeting to public comment. Hearing none, returned the meeting to the Commission.
Two votes were taken: The first being those Commissioners in favor of June Wilson for Secretary, with Coms. Franklin, Tchen, Eckman and Wilson in favor; The second being opposed, with Coms. Hobson and Bentley opposed.
Com. Wilson was elected secretary by a 4 to 2 vote.
That concluded the elections.
ITEM HEARD OUT OF ORDER
2. PUBLIC COMMENT
The Chair opened the meeting to Public Comment as follows:
Nadine May addressed the Commission, stating she felt more members of the public would attend Commission meetings if they thought it would get more done, but that a lot of meeting time is spent on points of order and talking about things that don’t really help animals.
Lisa Vittori brought several issues to the attention of the Commission: The first being Park & Rec’s Dog policy and the Ft. Funston and GGNRA closures and ticketing, and was asking for the Commission’s active advocacy on behalf of socialized and well-behaved dogs in the City and GGNRA parks.
She further asked the Commission to advocate on behalf of feral cats, that in a recent news article, feral cats were blamed for quail disappearances, and pointed out that an enormous amount of undergrowth disposal had been done, and that needs to be looked at too, instead of scape-goating feral cats.
She further hoped in the future the Commission could take on some of the wild animal issues, especially the commercial wild animal abuses that happen with the circus and also with the labs.
The Chair hearing no further public comment, returned the meeting to the Commission.
The Chair then requested, without objection, to take Item 4-C out of order.
ITEM HEARD OUT OF ORDER:
4. C. Thelma Lee Gross, DVM, a veterinarian pathologist from Davis, CA will be speaking before the Commission at the February 14, 2002 meeting in an approximate 30-minute presentation covering the ethical, moral, and scientific reasons to not allow vertebrates to be sold live from the marketplace for human consumption.
The Chair urged everyone to attend and noted that the San Jose Mercury News, Sup. Peskin’s aide, and the police officer from Tri-City Animal Services in Fremont who contacted the Commission last month, were all interested in attending.
Several Commissioners felt that Feb. 14th, Valentine’s Day, was not a good date to have such an important speaker, that members of the public may not be able to attend. The Chair stated she would attempt to contact people and reschedule if possible.
4. B. The Chair extends the hope that 2002 will be a productive term for the Commission, and that the Commission can maximize our lack of enforcement power by carefully choosing the issues we present for consideration by the Board of Supervisors.
The Chair reiterated the above item, then moved the Item D.
D. Sunshine Ordinance coordinator Donna Hall has advised this Commission that extemporaneous unagendized "Public Comment from Commissioners" is in violation of City law.
The Chair stated that the Sunshine Coordinator Donna Hall has merely advised this Commission that public comment that is unagendized is a violation of the Sunshine Ordinance, and she felt the Commission needs to know this, because it is on the agenda.
City Attorney Sanchez indicated she had spoken to Donna Hall and that Ms. Hall was concerned about this item and how it was written and had asked her to say a few words on her behalf: That when Ms. Hall was contacted, the question presented to her was: "Can Commissioners discuss any item that is not on the agenda?" Ms. Hall’s response was: "No, it would be a Sunshine Ordinance violation."
City Attorney Sanchez further stated that Ms. Hall wasn’t specifically asked about the Public Comment for Commissioners, which is the way the Commission approved it, and noted that Ms. Hall was nonspoken about that, and that Ms. Hall does not have the legal authority to give a legal opinion, but that the City Attorney’s office has given an opinion on this issue and the Commission has voted to have it.
Ms. Sanchez further stated that her office’s opinion has been that, yes, it is a technical violation of the Sunshine ordinance, however most commissions do it. It is the Commission’s choice to do it or not, and that the repercussion to having that section in the agenda is that members of the public can take you before the Sunshine Task Force, however because the comments you make during that section are of no controversy, most likely you will not be taken before the Sunshine Task Force. She further stated that Ms. Hall’s clarification to this issue was that this was not exactly what she was asked, and she cannot give a legal opinion on this.
The Chair opened the meeting to public comment. Hearing none, returned the meeting to the Commission.
Com. Hobson stated that the Commission had voted to place this item on the agenda 4 to 2, and that this is done in various commissions and that he did not think it violates the Sunshine, since they are comments and remarks about things that are not on the agenda and no action can be taken on them.
Com. Hobson further stated that it is regrettable that this has been placed on the agenda and website and that people now think that the Commission is in violation, and due to that, he will be presenting some amendments to the bylaws.
Com. Bentley suggested that when a commissioner asks someone for an opinion, to get their answer in writing and not rely on your own personal understanding, and the writing should reflect who asked for the opinion.
The Chair opened the meeting to public comment. Hearing none, returned the meeting to the Commission.
4. COMMISSIONER PUBLIC COMMENT
Com. Hobson stated his proposed bylaw amendments: One amendment being to change the date of expiration for Commission officers from January 1st to the election of new officers at the January meeting, that the officers will serve until the January meeting elects new officers.
The second proposed amendment being that in future the agenda be approved by the Commission prior to its being published.
Com. Tchen announced that after six years, she does not intend to reapply to the Commission, so there will be two seats vacant.
Com. Hobson then revisited the Public Comment By Commissioners item, stating that this happens at the Board of Sups every Monday and at other commissions, and that unless the City attorney and the Sunshine Ordinance are willing to enforce what their opinion is city-wide, then he felt they would not be acting in a judicious manner.
City Attorney Sanchez responded that her office is not telling the Commission it cannot do it, but simply advising the Commission, and that is reflected by the fact that the Commission voted on it and voted to have it. She stated that she is not here to tell the Commission what to do, that she is merely representing her office in giving legal advice.
The Chair, hearing no further public comment by commissioners, closed public comment.
City Attorney Sanchez then pointed out for Item 7-B, that that item can be disregarded.
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]
The Chair indicated she had spoken to Sup. Peskin’s aide who indicated the following: That Sup. Peskin was looking to the Commission for some direction; that the Dept. of Public Health has refused to enforce the Kuehl Bill; and he is unsure of how to proceed and is looking for assistance.
The Chair further stated she encouraged his aide to come to the meeting to hear Dr. Gross’ presentation, and that hopefully the Commission and Sup. Peskin would be able to work together to plot some course between the Kuehl Bill and what the Commission is thinking of doing with the live-animal market. The Chair then indicated that Sup. Peskin’s aide was clear that they had almost given up hope of being able to do anything.
Com. Bentley indicated she had spoken with Sup. Peskin and that was not her impression, that he did not mention anything of being hopeless, but that there are many things to take care of and he just hadn’t had time.
Com. Franklin suggested that Com. Breslin from the Health Department be present at the meeting when Dr. Gross makes her presentation.
Com. Tchen stated that for the past six years, the Health Department has not done anything to help the live-animal market issue.
Com. Bentley stated that Sup. Peskin told her several months ago that he had contacted the Health Dept. and that the Health Dept. indicated they would not inspect the live-animal markets, and that he was looking into whether Animal Control could do the inspections.
The Chair opened the meeting to public comment as follows:
Nancy Wuerful inquired about the background re the live-animal market issue, with various commissioners attempting to fill her in. She then stated she was very concerned to hear the Health Department’s position on this item and felt it was unacceptable to have any department overrule what bodies like this Commission and our supervisors put together. She further suggested that another approach could be through licensing and/or perhaps the Police Department.
The Chair suggested if the public feels strongly about this, to write their Health Department.
Com. Bentley suggested that perhaps the Commission could work with a vet to set out specific conditions for the care requirements of the animals, and that if the enforcing bodies had more specifics, it would be easier to enforce.
The Chair stated she felt what was important was not having these animals sold or coming into the City at all, or else you get into the difficulties of the enforcement issues.
Com. Franklin indicated that Com. Friedman stated he didn’t have the budget to enforce it.
The Chair stated that the Commission needs to study this issue carefully, have speakers come in, etc. and that perhaps the Commission can get a proposed ordinance to the Board of Sups. Then if that ordinance fails, maybe then the Commission can get into the actual conditions in which the animals are kept.
Com. Tchen stated that even if you have rules, you still have no enforcement, and then stated she was a strong proponent of the total ban as the only way to help animals in SF.
Nancy Wuerful suggested having a vet/expert come and give testimony to the Commission concerning the conditions in which the animals should be kept.
The Chair suggested that perhaps Com. Bentley could get an avian vet to address the Commission and discuss this.
Lisa Vittori stated, as another perspective on this, that although she doesn’t like it, that there’s something honest about somebody killing their own meat, rather than eating a hamburger and never having to deal with the fact that you have a live animal that you’re eating, that we have the privilege of having our meat shipped in, so people don’t have to deal with the actual death or confinement or face the consequences of what they’re doing.
Com. Tchen stated that the Commission had received testimony that some animals are boiled live and that it can take over 30 minutes for the animal to die, and reports of other cruel practices, and that if the Commission can prohibit this, at least the animal may have quicker death.
The Chair stated that what we’re dealing with is incredible suffering, and we don’t want the suffering that these animals go through in transport, etc. here in SF, and that this is something the Commission needs to speak to.
Com. Bentley stated that due to the complexity of this issue, several meetings should be devoted to it. She further noted that Sup. Peskin suggested holding hearings, which she thinks the Commission should do to explore all the issues.
Com. Tchen stated the Commission had already held hearings for four years, and did not suggest going that route because she felt nothing would happen.
Com. Bentley said that Sup. Peskin indicated holding hearings as a strategy that might help get his ordinance through.
2) Letter sent to Board re UCSF lack of cooperation with City’s resolution concerning animal testing.
The Chair stated that a letter had been sent, but that this still is an important issue the Commission needs to look at, because UCSF has been cited in the past for all sorts of violations and further noted that they are now getting ready to move into a new building, and will the conditions be better there?
Com. Franklin indicated that a member of this Commission needs to be on some sort of review board that is able to go in there and take a look around and accompany the USDA when they make their inspections.
Coms. Wilson and Tchen indicated the problems that commissioner might face, and cited examples from the past.
3) Letter to Board of Supervisors recommending amending Section 41.12 of the SF Health Code to provide for duties of "Guardians."
Com Franklin indicated she had a phone call in to Matt Gonzalez’ office, but hasn’t heard back yet.
Com. Tchen indicated she felt the Veterinarian Association seems threatened by the idea of the "guardianship" word, because they produced an article that was published in the LA Times and the tone of the article itself was not supportive, and she felt the veterinarian field in general would not be supportive.
The Chair opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
4) Letter to Mayor regarding Golden Gate Stables
Com. Wilson indicated she had written a letter of support and that the Chair had sent it off.
The Chair opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
6. COMMITTEE REPORTS/COMMISSIONER’S REPORTS [Discussion Item]
A. Update on placement of Crime Stoppers posters
[anti dog fighting]
Com. Franklin stated that about 35 2-foot by 3-foot posters were given to her and some have been put up in the Mission, Bernal Heights, the Avenues, and parts of Potrero Hill, and that on Thursday she and Sgt. Herndon will put them up in Bayview/Hunters Point, but that the large posters are still up in the air.
The Chair opened the meeting to Public comment.
Nadine May inquired about where the posters had been put up, with Com. Franklin responding, everywhere from laundromats to rec centers to pool areas, parks, Rainbow Grocery, SPCA, etc.
B. Update on API draft pamphlet regarding declawing fact sheet
The Chair stated she hadn’t heard from API. Com. Wilson stated that Eric Mills had the flu, but that he may be able to advise the Commission at the next meeting.
The Chair, opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
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 Item]
The Chair submitted that this item had already been discussed by the Commission at length, and opened the item to public comment. Hearing none, the meeting was returned to the Commission.
[B] Discussion and possible action, pending advisement from the Commission’s attorney, Rosa Sanchez, whether the Commission may allow public comment at the beginning and end of each meeting. [Full Commission] [Discussion/Action Item]
City Attorney Sanchez said this item could be disregarded.
8. NEW BUSINESS
[A] An election of officers to begin the term of January 2002 will be conducted pursuant to Article III, Section 3.1 of the Commission’s Rules and Regulations. The officers to be elected shall be a Chairperson, Vice Chairperson, and Secretary. [Full Commission] [Discussion/Action Item]
(Item taken out of order. See page 2.)
9. PUBLIC COMMENT
The Chair opened the meeting to public comment. Hearing none, the meeting was returned to the Commission.
10. CALENDAR ITEMS
Com. Wilson indicated Virgina Handley was going to speak about "Choke out," but was unable to do so today, and she will attempt to reschedule.
She further stated that she had heard of "Choke out" 25 years ago, but thought it wasn’t used any more, but noted that apparently it is still going on. She explained that "choke out" is when a choke collar is put on a dog and then the trainer hangs him up high off his feet until he faints. She further suggested that the Commission check on dog trainers and their methods for making dogs obey.
11. ADJOURNMENT
The meeting was adjourned, motion by the Com. Franklin seconded by Com. Wilson, at approximately 7:30 p.m.
Dated: 18th January, 2002
Amended:22nd February, 2002
Wilson, Secretary
_______________________________