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HomeMy WebLinkAbout01-09-1986 Minutes City of San Bernardino, California January 9, 1986 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:06 a.m., on Monday, January 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:06 a.m., on Monday, January 6, 1986, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 9:00 a.m., on Tuesday, January 7, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 6:08 p.m., Thursday, January 9, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Frazier, Pastor of the Abundant Life Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Clerk Clark, Deputy City Administrator Schweitzer. Absent: City Attorney Prince. PUBLIC HEARING - OPERATION OF THE ANIMAL CONTROL DEPARTMENT - SALE OF ANIMALS FOR RESEARCH This is the time and place set for a public hearing to consider the operation of the San Bernardino City Ani- mal Shelter regarding the sale of animals to research organizations. (1) The following correspondence has been received re- garding the issue of selling pound animals for research by the City of San Bernardino: In opposition to the sale of animals for research: A petition was presented which had been signed by 7708 citizens of San Bernardino City, San Bernardino County, and the contracted cities of Rialto, Colton, Red- lands, and Loma Linda, in which it was stated "We believe that a Humane Animal Shelter is where pets are reclaimed by their owners; placed in homes; or humanely euthanized. We believe that the residents and animals of the City of San Bernardino can best be served by the City government by adhering to the purposes for which the San Bernardino City Animal Shelter was created. We, the undersigned, want the San Bernardino City Animal Shelter to stop sell- ing animals for any and all research purposes." A letter dated December 19, 1985, from Chris DeRose, President, Last Chance for Animals, with attachments from various political, medical and veterinary professionals, including letters from Ned Buyukmihci, V.M.D., Assistant Professor of Ophthalmology, School of Veterinary Medicine, University of California at Davis, California; George Linton, DVM, 11070 San Pablo Avenue, El Cerrito, Cali- fornia 94530; T. E. Gibson, The British Veterinary Associ- ation, 7 Mansfield Street, London W1M OAT; Senator Edward M. Kennedy U. S. Senate; Michael A. Giannelli, Ph.D. Director of the National Coalition to Protect our Pets, Inc. 3123 Cahuenga Blvd. W., Los Angeles, CA 90068, who also included letters from R. S. Johnson-Gilbert, Secretary of The Royal College of Surgeons of England, 35-43 Lincoln's Inn Fields, London, SC2A 3PN; Donald Doyle, M.D., 9201 Sunset Blvd., Suite 611, Los Angeles, CA 90057; Kenneth Jones, D.V.M., 2038 S. Sepulveda, Los Angeles, California 90025; Lawrence Finsen, 313 Elise Dr., Red1ands, CA 92374; Virginia Mitchell, 1049 North Euclid Avenue, Ontario, California 91762.; Lori Howard, P.A.W.S., 313 Savannah Ct., Upland, California 91786; Debra L. Schultz, Ph.D., Voluntary Legislative Liai- son for Humane Organizations, P. O. Box 2597, Beverly Hills, California; Cleveland Amory, P. O. Box 8166, Universal City, CA 91608; Doris Day, P. O. Box 8166, Universal City, CA 91608; Cheryl Mouras Goldsmith, Senior Vice President, Animal Protection Institute of America, P. O. Box 22505, Sacramento, CA 95822; Dr. Dorye Roettger, no address given. dence by Telex) (Correspon- In support of the sale of animals for research: A letter from Kathy Toister, Raphael, M.D., President-elect Association, San Bernardino County R.N., for Lawrence D. of the American Heart Chapter; Mary A. Novelli, Hospital Representative, Jerry L. Pettis Memorial Veterans Administration Hospital, Loma Linda, CA; L. B. Hudson, President, San Bernardino County Farm Bureau, 210 S. Riverside Ave., Rialto, California 92376; Belle Cole, Director, University of California, Berkeley, California 94720; Research and Public policy, Office of the President, Ed O'Neal, American Cancer Society Board Member, 22608 Minona Dr., Grand Terrace, CA 92324; Robert T. Leonard, Chair, Chancellor's Committee on Laboratory Animal Care, in which he refers to a rebuttal to the videotape of an infant stumptail macaque monkey which was to be shown at the public hearing. Letters asking to be heard in which no opinion was expressed: June Lozano, 4912 Carlton St., Ontario, CA 91762. 2 1/9/86 Mayor Wilcox opened the hearing. Dr. Jerrold Longerbeam, Jerry Pettis Veterans Admin- istration Hospital, Loma Linda, CA, spoke in favor of using animals for research, and to demonstrate the impor- tance of using animals for research, he showed how to use a surgical stapling unit that is used for bowel restap1ing and explained how pound animals are used to demonstrate this device to doctors who will in turn use it on humans. Dr. Joseph L1aurada, Jerry Pettis Veterans Adminis- tration Hospital, Loma Linda, CA, a nuclear medical spec- ialist, explained why doctors cannot rely only on computer modeling and why animals are needed for research. CITY ATTORNEY PRINCE ARRIVED At 6:20 p.m., City Attorney Prince arrived at the Council Meeting and took his place at the Council Table. Mrs. Sandy Painter, St. Joseph's Church, Loma Linda, CA, spoke regarding the abortion issue, stating that 5,000 babies a year in this County alone are aborted and stated that extra animals are not wanted. Therefore, they should be used for research. Dr. Lee Henderson, Veterans Administration Medical Center in San Diego, CA, stated that people will hear many misstatements on what animal research is all about. He also spoke regarding the importance of animal research in the medical community. Dr. Steven Baird, Chief of the Pathology Department at the Veterans Administration Hospital, San Diego, CA, explained how the City of San Bernardino benefits from the sale of animals for research. He stated that his own dog had had a knee operation that would not have been possible if animals had not used for medical research. Dr. David Baylink from Loma Linda Medical Center gave an example of a boy who walked for the first time due to animal research and the development of a skeletal growth factor hormone. Dr. Ross Adey, Chief of Research at the Medical Cen- ter, Veterans Administration Hospital, Loma Linda, CA, stated that animals are needed for research more than ever and explained how diabetes research had been carried out on dogs. Dr. Harold Chandler of the Humane Society of San Bernardino County, Chairman of the Animal Advisory Commis- sion of the City of San Bernardino, and a professor of biology at San Bernardino Valley College, spoke in opposi- tion to animal research. He spoke regarding the services of the Humane Society and stated that on January 8, 1986, the Animal Advisory Commission had taken a vote, with the majority in opposition to the sale of pound animals for research. Gary Crandall of PETA, People for Ethical Treatment of Animals, headquartered in Washington, D.C., spoke in opposition to the sale of animals for research. Michael Giannelli, Ph.D., from the National Coalition to Protect our Pets, explained why, in his opinion, pound seizure results in inferior research. For example, pound animals come from different breeds, some of which may be unknown to the researcher. It was also his opinion that cities sometimes sell animals for research for the purpose of controlling the animal population. 3 1/9/86 Thomas Purtzer, M.D., Senior Neurosurgical represen- tative from Loma Linda, stated that he is currently re~ searching the issue on whether asymtomatic children should be operated on and spoke regarding the importance of hav- ing pound animals in order to carry out this research. Max Cregger, D.D.S., spoke regarding the use of ani- mals for gum disease research and the need for histologi- cal research. Allen Strother, who has a Ph.D. in psychology and is also at Loma Linda University, spoke regarding the need to use animals to determine the effect of certain drugs on humans. He also discussed the issue of using animals of mixed breeds for research, stating that human beings are not all of the same genetic background either. Ian Frazier, Ph.D., Department of Philosophy in Loma Linda University, stated that animal research also contri- butes to the veterinary care for pets of citizens of the community, and that presently, there is no substitute for the use of animals for research. Charles Kean, D.V.M., Loma Linda University Medical Center, stated that he worked in the animal research facility at the University Medical Center. He spoke re- garding the care given to the animals and stated that of all the animals that are sent to the pound to be destroyed, only about five percent are used for research. Dr. Bertrand Brend, Loma Linda University School of Health, spoke regarding the Animal Welfare Act, and stated that he is aware of ethical concerns. The Dr. pointed out that Adventists are vegetarians and therefore especially humane to animals. Dr. Robert Torrey of the American Cancer Society and Chairman of the Cancer Unit at Loma Linda University, spoke regarding the importance of animals for bio-medical research. He stated that 90% of the animals used in this program are rodents. Dr. Elliott Katz, DVM, spoke regarding the gross cruelty to animals resulting from research and stated that most of pound animals are gentle and used to humane treat- ment from their owners. Chris DeRose, Founder and President of the Last Chance for Animals, accused Steve Marks, an employee of the University of California at Riverside, of a conflict of interest. City Attorney Prince read a legal opinion dated Janu- ary 9, 1985, in which he addressed a question by Council Member Marks regarding a conflict of interest in the issue of research animal sales. Mr. Prince set forth the fol- lowing conclusion: "Consequently, it is concluded that the subject matter of the hearing concerning whether the sale of animals for research purposes shall be continued does not in- volve a conflict of interest on your part even though the decision may involve a continuance of the policy of sales of ani- mals for research purposes to organizations accredited under the provisions of Section 6.24.160, such as the University of Cali- fornia at Riverside, where you serve as an officer of material management." 4 1/9/86 Chris DeRose, Last Chance for Animals, showed a vid- eo tape regarding news stories concerning use of animals for research. Another speaker from the Last Chance for Animals stated that the City received $50 to $75 per dog sold for research. Mayer Davidson, M.D., Cedars-Sinai Medical Center, Los Angeles, CA, stated that the video tape was edited and spoke regarding many of the inaccuracies on the tape. He stated that he is the Director of the Diabetes Program at Cedars-Sinai Medical Center, and if it were not for animal research, the progress on diabetes would not have been made. Michael Shabot, M.D., Chairman of the Animal Research Committee at Cedars-Sinai Medical Center, Los Angeles, CA, stated that the Research program at Cedars-Sinai is of the highest quality. Some of the devices developed as a re- sult of animal research include the Gans Tube which is used in coronary artery by-pass surgery. Dr. Ron Oaken, Chairman of the Human Research Center at Cedars-Sinai Medical Center, Los Angeles, CA, also spoke regarding the importance of using animals for research. David Engquist, a clinical profusionist, explained techniques used during coronary by-pass surgery that were developed on animals and explained how doctors are trained on animals for the use of these devices in open heart surgery. Lawrence Rafael, President Elect of San Bernardino Chapter of the American Heart Association, spoke regarding concern that stopping the sale of animals for research would delay the research capabilities in this area. Mr. Ed O'Neal, a board member of the American Cancer Society, spoke in favor of making animals available for research. Lawrence Finson, Ph. D., Professor of Philosophy of the University of Red1ands, spoke in opposition to pound seizure and gave examples of the dangers of using animals for research. Dr. Donald Doyle of the Animal Protection Institute, spoke in opposition of using animals for research. Dr. Debra Schultz, Ph.D., Voluntary Legislative Liai- son for Humane Organizations, gave a lengthy presentation regarding the mutilation and suffering of animals when sold for research. She stated that the issue is saving money by buying pound animals rather than using animals that have been bred for research purposes. Donald Barnes, M.D., questioned whether society should use non-human animals in research. Miss Lorie Howard of P.A.W.S, which promotes animal welfare and safety, spoke in opposition to pound seizure. Steve Pardue, M.D., requested that the Council take into account the wishes of the citizens. Brian Bull, M.D., from Loma Linda University, a spec- ialist in blood diseases, stated that they had to use animals for research only twice in all of his years at the 5 1/9/86 Research Institute. He stated that by using animals they were able to develop a process for recovering blood spilled into the abdominal cavity, so that the patient's own blood could be recycled to the patient. Carol Anderson, a volunteer at San Bernardino Animal Shelter, spoke regarding the Humane Society's grooming program and relayed an incident regarding a dog named Amy that was de-barked when it was mistakenly sold for research. Pamela Damon of Rowland Heights, CA, stated that she breeds retrievers and explained why she opposed the sale of animals for research. Angela Godwin of San Bernardino, spoke regarding the misinformation and lack of evidence concerning animals sold for research. Mr. Jim Lynas, 1160 East Sonora, San Bernardino, CA, stated that the facts are warped and there was alot of rhetoric being presented. He suggested that the Council form a sub-committee and put a measure on the ballot for all the citizens to decide. Sue Ellen Marston, 756 E. Sonora, San Bernardino, CA, stated that AIDS had been created in a laboratory, and passed out books to the Council showing the cruelty that results from animal research. Pat Thomas, 25497 East Pacific Street, San Bernar- dino, CA, spoke in favor of selling pound animals for research. Deborah Hathaway, 3067 Mt. View, San Bernardino, CA, spoke in opposition to selling pound animals for research. Sara Bending, who stated she had diabetes, was in favor of selling animals for research. Karen Lynn, who stated she was a San Bernardino resi- dent, also spoke. Adelle Radner of San Bernardino, who was associated with Mary Shepherd, stated that the City caused the wrong- ful death of Mrs. Shepherd by demolishing her property on Highland Avenue. Doug Bacon, who lives on Alameda Street in San Ber- nardino, stated the City Council should give the animals a chance. Diane Gomez of Colton, opposed the sale of animals for research. Roger Stevenson, Director of Operations for the Liv- ing Valley Animal Sanctuary, stated that the medical com- munity would develop an economical alternative if pound animals are no longer sold for research. Evelyn Meehe, a Rialto resident, stated that the animal shelter is not truly a shelter for animals. Joan Peck, a member of the Los Angeles tory Commission from 1973 to 1982, spoke in selling pound animals. Animal Regula- opposition to 6 1/9/86 Leslie Kuene, from Los Angeles, stated that eutha- nasia is better for the animals than being sold for research. Belinda Bauer, a licensed health technician, stated that she had a sp1eenectomy in 1972 and would not be alive today if it were not for animals used for research. council Member Quiel made a motion, Council Member Strickler and unanimously close the hearing. seconded carried, by to Paul Turner, Director of Animal Control, answered questions regarding the safeguards at the pound which allow the animal owner, when requesting that an animal be put to sleep, to specify that that animal cannot be sold for research. He also answered questions regarding the AALAC Accreditation that is from the National Institute of Health. The City sells animals only to AALAC accredited institutions. The Council discussed placing this measure on the ballot and whether a moratorium on the sale of animals for research should be established. Paul Turner, Director of Animal Control, answered questions, stating that between now and June of 1986, approximately 400-450 animals would be sold for research. Council Member Strickler made a motion, seconded by Council Member Marks, that the issue of selling pound animals for research be placed on the ballot in June to allow the voters of the City of San Bernardino by majority vote to decide whether the City's policy of allowing the sale of pound animals for research should be continued or discontinued. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Council Member Strickler made a motion, seconded by Council Member Estrada, to declare a moratorium on the sale of pound animals for research until the election is held. Council Member Quiel made a substitute motion, seconded by Council Member Reilly, to reduce the sale of the pound animals on a month-to-month basis until the time of the election. At the time of the election, sales would be reduced to zero. Council Member Hernandez made a substitute motion, seconded by Council Member Marks, to continue the current practice until the election itself. The substitute motion by Council Member Hernandez to continue the current practice until the election itself carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier. Noes: Council Members Estrada, Strickler. Absent: None. RECESS MEETING - CLOSED SESSION At 10:20 p.m., the meeting recessed Session under the authority of Government 54956.9 (a), to discuss the case of Walsh, City of San Bernardino, Case No. 199364. for a Code et al Closed Section vs. the 7 1/9/86 CLOSED SESSION At 10:20 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quie1, Frazier, Strickler; City Attorney Prince, Deputy City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Ron Solheim, Director, Emergency Ser- vices and Risk Management and Bruce Gadbois, Assistant Director, Emergency Services and Risk Management. ADJOURN CLOSED SESSION At 11: 05 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:05 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quie1, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: None. ADJOURNMENT At 11:05 p.m., Council Member Strickler made a motion, seconded by Council Member Hernandez and unani- mously carried, that the meeting be adjourned to 10:30 a.m., Monday, January 13, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~('//?t0~/Jb ./ City C1er 8 1/9/86