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Meeting Minutes
April 14, 2005
1. Call to Order and Roll Call
Meeting called to order at 5:35 pm, April, 14. 2005.
Present: Commissioners Kennedy, Franklin, Kipnis, Herndon, Wheeler, Guldbech, Weiss, DMV
2. Public Comment
None
3. Approval of Draft Minutes from March
JR Yager provided changes to the March meeting minutes.
Commissioner Franklin moved to accept the March 10, 2005 minutes with changes.
Seconded by Commissioner Kipnis
Approved unanimously
4. Chairperson's report and opening remarks
a. Upcoming Commission vacancies -
Chair Kennedy reported that the Rules Committee may be meeting in April 27th . Kennedy will confirm date following this meeting.
b. Orientation packet - Commissioner Kipnis presented the final Commissioner Orientation Packet which will be provided to all new commissioners.
5. Committee Reports/Commissioner's Reports
a. Update on the current and future status of the elephants at the San Francisco Zoo.
Commissioner Kipnis reported that Tinkerbelle had to be euthanized last week. She fell down due to the condition of her feet, which were badly infected. Kipnis reported that part of her foot pad was disconnected from her foot, showing bone, a very painful condition that could not be repaired. Pat Derby, PAWS Director, reported that Tinkerbelle's last few months at PAWS were happy and her spirit had improved tremendously since she had arrived from the SF Zoo. Derby was deeply distraught over the loss of Tinkerbelle.
Public Comment
None
Old Business and New Business
6a. Endorsement of legislation that would prohibit those convicted of animal abuse/neglect from having animals for up to five-years.
Last meeting, the Commission voted in favor of legislation and to work with Supervisor Maxwell's office. Commissioners Franklin and Guldbech have developed a draft for the city attorney to review.
6b. Discuss legislation that would impose mandated counseling for those convicted of animal abuse/neglect, clarifying the type of counseling and identifying what San Francisco counseling programs are currently available.
Commissioner Franklin researched the issue and found that CA has mandated counseling for anyone convicted of animal cruelty -Franklin will continue to research this issue.
Commissioner Wheeler - many of the abusers are juveniles. Is very hard to get youth in counseling. Need some education on this issue. Will speak with individuals in the prosecutor's office to get statistics on juveniles.
Commissioners Guldbech - DA's office very willing to work with ACC on this issue. State laws are restricted and penalties are already written. Mandatory counseling results from penalty of felony or misdemeanor. Commission would need to the state to make any changes in the law. ACC has a written agreement with the DA's office that stipulates mandatory 3 yrs of no animals. This is just a policy, not a state law. Judges usually do not impose a penalty on convicted individuals.
Guldbech suggested that we insert this policy in the SF administrative code Start small.
Public Comments
Ron Cole - discussed the importance of intervening in the schools to teach young children. Bring people in who can effectively teach the value of life. Also, conduct scientific research to see what works and what doesn't work.
Richard Fong - teach kids how to deal with aggression. Need to deal with counter transference.
7. New Business
a. Discuss the development of legislation that would require the owners/guardians of unsterilized cats and dogs to be licensed as breeders and subject to legal breeder standards and examination.
No motion to discuss this new item.
b. In an effort to increase spaying/neutering, explore options (such as fees or incentives) that Animal Care & Control could implement for owners/guardians claiming their unsterilized animals from the shelter's stay-hold.
Motion moved by Commissioner Kipnis to discuss this issue.
Seconded by Commissioner Franklin
Commission Franklin stated that San Mateo has mandatory spay and neutering for 2nd impound of animals. How do we ensure that animals are neutered and spayed.
If SF wanted to implement such a policy, we would need to change the law.
Commissioner Guldbech - law states that you can't alter someone's property. There is a fee, however, those fees are not really working. ACC has to see the animal at large to impose the state fine.
Commissioner Franklin will continue to communicate with San Mateo people before developing a written resolution.
Commissioner Hendon suggested that the legislation be change to say "dogs" instead of "animals"
Public Comment
Rob Cole -these dogs that are brought to the shelter should trigger an inspection of the owners property
Richard Fong - use a video to teach how to neuter males
Unknown - Agrees with Ron Cole - should inspect the home. Anyone who takes back a dog and/or cat unsterialized is by nature a breeder.
Gloria Rogan - Lives downstairs from a cat breeder. This is a problem, given the over breeding and populations of cats. Need legal process to prevent this from happening.
Commissioners Guldbech and Franklin will work on wording for resolution.
c. Proposed establishment of a local ordinance that would prohibit veterinarians from declawing cats. This legislation would prohibit declawing surgical procedures, but would allow declawing for therapeutic purposes only - when the procedure is medically necessary to protect the cat's health.
Motion by Commissioner Wheeler to discuss this issue
Seconded by Commissioner Franklin
Commissioner Wheeler - CVMA is suing W. Hollywood's ordinance to ban declawing.
Commissioner Guldbech will go back and speak with Carl Freedman about doing studies on behavior of declawed cats.
Commissioner Weiss - declawing is not taught in school anymore. Most vets are apathetic with regard to the issues of cat declawing. CVMA is just following the state veterinarian practice act which makes it legal - this is a state law.
It was agreed that the Commission will wait and see what happens in West Hollywood before moving forward.
Public Comment
Ron Cole - CVMA's says that state licensing law takes precedence over other laws. So West Hollywood's ordinance is null and voiced. Would be waste of time for SF to go forward on this.
d. SF Health Code 42.3(c)(b) - Explore making a change of the time requirements for the scheduling of vicious and dangerous dog hearing dates, to be based not only on when the dog incident occurred but also upon when the dog and guardian can be found to receive notification.
Motion moved by Commissioner Franklin to discuss this issue
Seconded by Commissioner Kipnis
Commissioner Herndon - suggested a change of the timeframe from 60 to 90 days, and change the language from day of incident to day of notification of owner. Suggests the Commission modify the language to allow the city more freedom as to when to conduct the hearing without the fear of the hearing expiring, should the owner not appear within 60 days.
Commissioner Hendon will work with Commissioner Guldbech on language and send draft language to city attorney for review.
8. Public Comment
Bob O'Brien - UCSF - contact USDA attorney - hearing regarding the 75 citations of Animals Welfare Act will happen in October. Will be open to the public.
Trying to assemble DVMs and MDs are willing to become more outspoken about medical research at UCSF.
Unknown - Asks the Commission to approach SPCA and ask them to take cats used in experimentation, those not "damaged"
9. Calendar Items
Send items to Chair Kennedy
10. Closing Review of Task Allotment and Next Steps
1. Commissioner. Kennedy will contact Sunshine Ordinance Tasks Force to get updated laws.
2. Commissioners Guldbech and Franklin will continue work on language regarding the prohibition of owning animals for up to five years.
3. Commissioner Franklin will further investigate the mandatory sterilizing of dogs that come through the shelter.
4. Commissioner Wheeler will continue updating the Commission on cat declawing issues. s.
5. Commissioners Guldbech and Herndon will send change to SF health code3 42.33b
Meeting adjourned at 7:10 pm., April 14, 2005.