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
DRAFT MINUTES OF MEETING - OCTOBER 11, 2001
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the October 11, 2001 meeting of the Commission of Animal Control to order approximately 5:35 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, Sherri Franklin, Carl Friedman, Animal Care & Control, Sgt. Bill Herndon, SFPD, Jack Breslin.
The meeting was convened at 5:35 p.m. and Commission Chair Eckman presided during all aspects of the meeting. All 8 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 FROM THE SEPTEMBER 13, 2001 MEETING
Various corrections to the September 13th, 2001 minutes were presented by the commissioners and were agreed to.
Com. Hobson moved, seconded by Com. Bentley, that the Commission add the following sentence to Item 6A, "The motion to rescind failed, the prior recommendation stands." The motion passed with four voting yes, (Bentley, Tchen, Franklin and Hobson) and two voting no, (Eckman and Wilson.)
The Chair opened the meeting for public comment, and Dr. Cole indicated corrections to the minutes.
The September 13, 2001 minutes were unanimously approved as amended.
City Attorney Sanchez recommended that the Commission handle the posting of the minutes on the website as follows:
That the Commission contact the webmaster only once per month; It will be done with a draft of those month’s minutes plus the corrected amended minutes of the prior month. The webmaster will then be given those two sets of minutes. The webmaster will post the draft, take down the draft from the last month and repost the now amended and approved minutes. The amended and approved minutes will reflect at the top that they are "Amended and Approved by the Commission."
3. CHAIRPERSON’S REPORT AND OPENING REMARKS
A. Support Office Services Transcription Service will prepare Commission minutes beginning with the October meeting.
B. Commission needs to set up a procedure with a copy shop and set up a budget.
C. City Attorney advises that compliance with Sunshine Ordinance requires Commissioners to provide the Chair with written subject matter concerning "Committee Reports/Commissioner Reports" for placement on the Agenda.
The Chair stated that formerly the Commission had been able to talk extemporaneously about certain subjects, but was advised that that violates the Brown Act and the Sunshine Ordinance, so now everything that the Commission speaks about has to be noticed so that the Commission is in compliance with the Brown Act and the Sunshine Ordinance.
City Attorney Rosa Sanchez advised that she had passed out a clarifying memo to all commissioners regarding this item. She stated that if the Commission is to follow the Sunshine to the letter of the law, then the Commission will need to provide an explanation for every item, however it’s up to the Commission to continue doing that or not.
Com. Hobson stated he has asked for further clarification from the City Attorney’s Office. He stated that the original motion that was previously passed by the Commission during Mr. Schulke’s Chair was that there would be a time set aside for commissioner’s comments, and stated that that motion met the qualifications of the Sunshine Ordinance. He further stressed that when the motion was passed, it was for "Commissioner’s Comments," rather than "Commissioner’s Reports," and suggested the Commission return to the usage of that language.
The Chair stated that the Commission needed more information and advice on what the correct procedure would be, and whether something formal is required of the Commission, to keep in compliance with Brown and Sunshine.
Com. Hobson moved, seconded by Com. Bentley, and it was unanimously voted that the item be added to next month’s agenda.
D. Status and tracking of letter of recommendations approved by the Commission to be sent to the Board of Supervisors [discussion item]
1. Live Animal Market [Kuehl Bill Compliance]
2. Removal of Trees
3. Recommendation to Board requesting elimination of fares for animals travelling on MUNI
Com. Hobson stated that the item had not been agendized at the Muni Transportation Agency Board due to their full calendar. He further stated that he and Com. Bentley attended a meeting of the Executive Committee of the Mayor’s Disability Council and received a mixed reception, but did feel that the majority of the members were in support. He stated his hope that the Disability Council would take action in approving and moving it forward to the MTA Board for action.
4. Letter sent to Board re UCSF lack of cooperation with City’s resolution concerning animal testing.
5. Letter sent to Board regarding dog license fee increase.
Com. Friedman stated there was no new news to report, but indicated that there was a piece of legislation that has been written and sent to the Board, (Animal License Outreach), and indicated it’s up to Supervisor Leno when it will be calendared. He further stated that he talked about the fee increase, which the Board supported unanimously, but it was decided that this was not a good time to put in for a fee increase. He further hoped that both pieces of legislation will be heard before the end of this fiscal year.
6. Letters to Board of Supervisor recommending amending Section 14.12 of the SF Health Code to provide for duties of "guardians."
Commissioners Wilson and Franklin stated that Chin Chi had already written a letter in May to all the new supervisors, therefore no new letter has been written. Com. Hobson stated that since it was on the agenda and the Commission had voted again to send the recommendation forward, that a new letter could be sent, attaching a copy of Chin Chi’s letter as well. Several commissioners indicated that there were other letters that could be included as well. The Chair stated the issue would be revisited next month.
7. Status of letter thanking the finance committee and Supervisor Peskin for assistance with Commission Funding.
The Chair prepared the letter and passed out a copy.
The Chair opened the meeting to public comment on the above items; hearing none, returned the meeting to the Commission.
4. COMMITTEE REPORTS/COMMISSIONER’S REPORTS [DISCUSSION ITEM]
a. Progress of Crime Stoppers Posters [anti-dog fighting]
Com. Herndon stated he had received the final draft of the posters and it looked good, but that he still had to meet with the Crime Stopper Board as they have to give the final approval. Once the poster is approved by the Board, he will provide the Commission with a copy.
b. Progress on Fur Ban Legislation
c. Update on API draft pamphlet regarding declawing fact sheet.
The chair reported that Jean Hofve, the vet that was working with the Commission had left API, but the executive director indicated that they are working on completing the declawing fact sheet, and he would be happy to discuss the printing and distribution.
The chair indicated that any Commissioner Reports that aren’t calendared have been put over to the next meeting, as the item has been agendized to discuss Commissioner comments.
The Chair opened the meeting to public comment, but hearing none, returned the meeting to the Commission.
Com. Hobson asked to be excused from the rest of the meeting, and he went on the record to say that he was in favor of all the remaining items on the agenda, and that he supports action on all of them.
5. OLD BUSINESS
[A] Discussion concerning the current conditions under which live animals are sold at Farmer’s Markets in the City. [Discussion/Action item]
The Chair stated that this is an important issue for the Commission to look at because live chickens, game birds and ducks are being sold, and is looking into what type of enforcement there is surrounding the keeping of these birds, and in making sure that they are kept humanly.
Th Chair has asked Patricia Briggs to speak and update the Commission on this matter.
The Chair moved, seconded by Com. Franklin, this item for discussion.
Com. Tchen stated that this Commission had already voted on a total ban on the sale of live animals in SF several years ago and that included the farmer’s markets, and that it had gone to the Board of Supervisors, but no action was taken. She gave a history of the past arguments and controversy surrounding this issue, and further stated that the Commission heard testimony for three years before the Commission came to the decision to recommend the ban on the sale of live animals, but stated that there was no enforceable code. She suggested that the recommendation could be to demand that the previous position of the Commission be put to action by the Board of Supervisors, and that any opportunity to discuss animal suffering and bring it in the light of the public is worthwhile.
The Chair opened the meeting for public comment.
Patricia Briggs addressed the Commission at length and expressed gratitude to the Commission for help on the live-food issue. She focused her discussion on the sale of live animals at farmer’s markets, and was encouraged to note that the San Jose City Council had decided to prohibit animals being sold, primarily as pets, from flea markets.
She stated that several vendors are selling live chickens and birds at the farmer’s markets in SF and that the transportation and housing of these birds are big factors, that the birds are suffering from the heat and overcrowding in small bent-wire cages. She also stated that a private vehicle is selling chickens and ducks across from the Alemany Farmer’s Market, and that festivals and fairs often sell live animals.
She suggested prohibiting the farmer’s markets, flea markets, fairs and festivals in San Francisco from selling live animals, whether it be for pet or food.
Com. Wilson stated that she went to all three farmer’s markets, but hadn’t seen these vendors. Ms. Briggs advised that these vendors arrive early and usually sell the birds first thing in the morning.
Eric Mills, Action for Animals in Oakland, addressed the Commission and stated that another concern is the various religious organizations that use these birds for their ceremonies
The Chair hearing no further public comment, returned the meeting back to the Commission, and further lengthy discussion ensued regarding the various arguments that could and had been presented regarding this issue, culinary and religious practices, etc. and that so far there’s nothing to stop people from killing an animal at home, and that enforcement is a problem.
The Chair stated that rules had been set up by Com. Friedman in the Health Code specifically developed for the farmer’s markets and what the conditions of those animals is supposed to be, and she will attempt to get a copy. The item was continued to the next meeting as a discussion or possible action item.
6. NEW BUSINESS
A. Maintenance of the horse stables located in Golden Gate park.
Com. Wilson moved, seconded by the Chair, this item for discussion and the meeting was opened to public comment.
Marianne Duggal addressed the Commission regarding the stables at Golden Gate Park. She stated that the enormous task of placing approximately 40 horses had been accomplished. She indicated the present status is that five borders are not moving and have filed a lawsuit against the City. She said a major concern is that if they leave the park, they won’t reopen it as a stable.
She felt some sort of an interim management might be called for, since the former management is now gone. She stated that Park & Rec says in two years we’ll have another stable, however, if it’s two or three years down the road, she didn’t think it would be guaranteed.
Com. Wilson stated that the Board of Sups is going to set up a taskforce on the issue. The Chair inquired what the Commission could do to help and Ms. Duggal stated, to recommend keeping the stable there and recommend that they offer the same kinds of programs that will serve the City, and that the Commission watch very carefully the care of the horses.
Com. Wilson inquired about the cats at the stable, and Ms. Duggal stated that there are about four or five barn cats that the borders have helped feed, but that if the stable closes, they would have to be provided for. Eric Mills stating that he believed that Mayor Brown was very much in favor of keeping the stables in the park.
The Chair moved, and it was seconded, the item as a discussion item for next month and to discuss writing a letter of recommendation to the Board, with a copy to the Mayor, to ask to keep the stables open.
B. Discussion concerning the amount of discretion Animal Care and Control Officers are allowed in responding to animal distress calls from the Public. [Discussion item.]
The chair opened the meeting to public comment, hearing none, the meeting was returned to the Commission.
Com. Franklin moved, and it was seconded, and unanimously voted to continue the matter to the next meeting.
7. PUBLIC COMMENT
Dr. Cole further clarified his position concerning the 72-hour agenda notice, that it was the previous commission and not the current Commission that had violated this notice requirement.
Eric Mills, Action for Animals, recently asked the Fish & Game Commission to put the proposed frog and turtle ban back on the agenda, and he received a letter back stating they wouldn’t. He then discussed rodeo cruelty. He also stated that a store in SF was selling Baby Red-Eared Slider turtles, and that they had been taken to Animal Control, and that a humane officer had been sent to search the store.
8. CALENDAR ITEMS
The Chair requested that calendar items be submitted to her in writing eight days before the meeting.
9. ADJOURNMENT
The meeting was adjourned, motion by Com. Franklin,
seconded by Com. Tchen, at approximately 7:40 p.m.
Dated: October 20, 2001
Amended:
June Wilson, Secretary