HomeMy WebLinkAbout86-027 Pet Prevent-A-Care CUP
TO:
FROM:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: May 5, 1986
Planning Commission
Planning Staff N\Ltt J:r
PA 86-027 Pet Prevent-A-Care Conditional Use
Permit for mobile pet clinics,
PROJECT:
APPLICANT:
PROPERTY OWNERS:
PROPERTY LOCATION:
ASSESSOR PARCEL
NUMBER:
ZONING:
GENERAL PLAN
DESIGNATION:
SURROUNDING LAND USE
AND ZONING:
Conditional Use Permit to operate a mobile pet
clinic on three separate days at the Pac 'n Save
parking lot, 6605 Dublin Boulevard,
Randal Morrison
Pet Prevent-A-Care, Inc.
4122 South Moorland Avenue
Santa Rosa, CA 95407
Safeway Holdings, Inc.
c/o Susie Pearsal
201 4th Street
Oakland, CA 94660
Steve Pedotti, Manager
Pac 'n Save
6605 Dublin Boulevard
Dublin, CA 94568
Pac 'n Save
6605 Dublin Boulevard
Dublin, CA 94568
941-205-9-3
C-2, General Commercial
Retail/Office and Automotive
North:
South:
East:
West:
M-l, Light Industrial - Bowling Alley
C-2, Commercial - Retail Center
C-2, Commercial - Gas Station
C-2, Commercial - Retail Center
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ITEM NO, ~, ~
COPIES TO: Owners
Applicant
ZONING HISTORY:
Mobile Pet Clinic:
1983: The Zoning Administrator approved two
Administrative Conditional Use Permits for
mobile pet clinics (Pet Medical Service) held
May 12, 1983, and April 17, 1983, in the Payless
Drug Store parking lot, 7201 Regional Street,
1983: The City Council, through an appeal,
overturned a Planning Commission denial of a
Conditional Use Permit for four mobile pet
clinics (Pet Medical Service) in the Payless
Drug Store parking lot, The clinics were held
September 18, 1983, November 20, 1983,
January 15, 1984, and March 18, 1984,
Pet Prevent-A-Care:
Pet Prevent-A-Care has operated mobile pet
clinics on a regular basis in Dublin since 1980,
Locations have included Gemco and K-Mart
(presently Pac 'n Save).
1983: The Zoning Administrator approved an
Administrative Conditional Use Permit for a
mobile clinic in the K-Mart parking lot, held on
September 17, 1983.
1983: The Planning Commission approved four
clinics for the K-Mart parking lot, held on
January 8, 1984, April 7, 1984, May 2, 1984, and
September 14, 1984,
1985: The Zoning Administrator approved an
Admnistrative Conditional Use Permit for a
mobile pet clinic at the Pac 'n Save parking
lot, held on September 14, 1985.
1986: The Planning Director approved an
Administrative Conditional Use Permit for a
mobile pet clinic at the Pac 'n Save parking
lot, held on February 1, 1986,
APPLICABLE REGULATION
In 1983, in conjunction with the review of the mobile pet clinic request from
both Pet Medical Services and Pet Prevent-A-Care, the Planning Department made
the determination that four clinics were not considered a temporary use;
therefore, Planning Commission approval was required,
Section 8-48,2 (c) requires that a Conditional Use Permit be obtained for
animal hospitals and kennels,
Section 8-94,0 states that conditional uses must be analyzed to determine:
1) whether or not the use is required by the public need; 2) whether or not
the use will be properly related to other land uses, transportation and
service facilities in the vicinity; 3) whether or not the use will materially
affect the health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific intent clauses
or performance standards established for the district in which it is located.
Section 8-94,4 states the approval of a Conditional Use Permit may be valid
only for a specified term, and may be made contingent upon the acceptance and
observance of specified conditions, including but not limited to the following
matters:
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a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the
proposed use brought into existence, failing which, the approval shall
lapse and be void.
d) guarantees as to compliance with the terms of the approval, including
the posting of bond;
e) compliance wih requirements of other departments of the City/County
Government,
ENVIRONMENTAL REVIEW:
Categorical Exemption, Class 4 (e)
NOTIFICATION:
Public Notice of the May 5, 1986, hearing was
published in The Herald, mailed to adjacent
property owners and posted in public buildings.
ANALYSIS:
The Applicant is proposing to operate three separate mobile pet clinics in the
Pac 'n Save parking lot at 6605 Dublin Boulevard. The clinics are proposed
for Saturday, May 17, 1986, Saturday, September 6, 1986, and Sunday,
October 5, 1986.
The mobile pet clinic is intended as a low-cost cat and dog vaccination
service, The Applicant indicates that the fees charged are approximately
one-third the rate charged by conventional clinics,
The clinics typically last three to four hours and occupy a 65' X 35' area of
the parking lot. The physical features of the clinic include a van and 23'
travel trailer and tables for registration,
Pet Prevent-A-Care has a record of providing low-cost mobile pet clinics in
Dublin since 1980 with no records of complaints or problems associated with
the operation of these clinics.
Past mobile clinic applications have received considerable attention from
local veterinarians who do not believe the mobile clinics are in the best
interest of the City or local veterinarians. Local veterinarians' concerns
include:
1, Mobile clinics do not pay property or sales taxes.
2. Mobile clinics do not employ local residents.
3. Permitting mobile clinics provides them with a competitive edge over
local veterinarians,
Attached is a letter signed by six local veterinarians which was received by
the Planning Department in February, preceeding approval of the February 1,
1986, mobile pet clinic Administrative Conditional Use Permit. The local
veterinarians suggest that the City adopt an ordinance prohibiting mobile pet
clinics, An article provided by the local veterinarians indicates the City
of Los Angeles has such an ordinance. However, Staff contacted the Los
Angeles Planning Department in March, and it appears that they do not have a
specific ordinance prohibiting mobile pet clinics, but rather a general zoning
provision requiring the use to operate from an enclosed building, Los Angeles
had considered ordinance amendments to require mobile pet clinics to register
with the City's Department of Animal Regulations and to notify the City of
clinic locations, hours of operation and dates at least 15 days prior to
holding a clinic, However, the Los Angeles City Council never adopted this
ordinance,
-3-
The Dublin Zoning Ordinance adequately regulates the mobile pet clinics in the
City by requiring approval of an Administrative Conditional Use Permit or
Conditional Use Permit, depending upon the number of clinics proposed, This
provision allows the City to apply conditions to the project to ensure
compatibility with surrounding uses.
It is Staff's position that the mobile pet clinics provide an important
service to the community, encouraging individuals to vaccinate their pets,
thereby reducing the potential for rabies and other diseases, The City
Council has supported this position in the past, finding that the use
"provides a service to the community in that it provides low-cost pet
vaccinations,"
Alameda County Animal Control has indicated that the County does not provide a
low-cost vaccination service, The only low-cost vaccination service the
County is aware of is provided by Pet Prevent-A-Care,
RECOMMENDATION:
FORMAT:
1)
Open the public hearing and hear Staff presentations,
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close the public hearing and deliberate,
5) Adopt Resolution approving the Conditional Use Permit,
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolution approving the Conditional Use Permit Application
PA 86-027.
ATTACHMENTS:
Exhibit A - Applicant's Written Statement and Site Plan
Exhibit B - Resolution approving Conditional Use Permit PA 86-027
Background Attachments:
1, Location Map
2. Letter Dated March 20, 1986: Pac n' Save Store Manager Agreement
for Use of Property
3. Letter Dated February 5, 1986: Local Veterinarians
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THE ORIGINAL
LOW COST
PREVENTIVE VETERINARY SERVICE
4122 SOUTH MOORLAND AVE.
SANTA ROSA CA 95407
(707) 584-8222 (584-VACC)
RECEIVED
/.: /'J~ 2 '{' 1986
r1arch 26, 1986
DUBLIN PLANNING
Dear Commission Member:
Pet Prevent-A-Care,
service. We hold
since 1976.
Inc. is a low-cost, mobile, dog and cat vaccination
clinics throughout the West Coast and have done -so
We provide our low-cost service in clinics operated from mobile units set
up in the parking areas'of shopping centers, schools and colleges,
hotels, and other locations that are handy ~nd convenient for the public.
Ninety percent of our clinics are in shopping centers, Service is swift,
professional and always friendly. Our price is about one-third of many
conventional cl inic rates. The length of an average cl inic is three
hours,
One of our main objectives is to educate pet owners as to the importance
of a regular vaccination schedule. This objective not only helps pets
and their owners, it also helps get more people to use their local
veterinarians on a regular basis for vaccinations, and other problems.
We increase business for local veterinarians by attracting pet owners
that veterinary hospitals do not reach; people who, have ceased
vaccinating their pets because of cost, or who have never vaccinated
them, Since we are in an area for clinics for only a few hours duration
a few times a year, we are easy to miss, Those who do miss us are now
concerned to get their pets vaccinated. They go to a local vetednarian.
On top of all of this, we make many emphatic referrals to local veterin-
arians for physicals and a variety of health programs.
After hundreds of clinics we've refined the setting-up of on-site clinics
almost to a science. We have, at one time or another, adapted to almost
every conceivable parking situation, We tidy up the parking area before
we begin, if it needs it. The area is constantly monitored and cleaned
by a staff member during the clinic, and is thoroughly cleaned when the
clinic is over. Often, a site is left cleaner than when we arrived.
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City of Dublin. Harch 26. 1986 - Page 2.
We begin each clinic at least one-half hour before our announced starting
time, to insure that no lines or crowds accumulate. Our advertisements
specify that dogs be on leashes and cats in carriers or boxes; the
animals are never out of control. for the same reasons, traffic is never
a problen.
We have a
we rope
tables.
t ra i ned
Dodge van pulling a 23-foot travel trailer. Including our rig,
off an area approximately 65' X 35' for lines and registration
The clinic layout is attractive and orderly. Our staff is well
and very efficient, so order is always kept.
We are requesting
Save on Saturday,
October 5, 1986.
a Conditional Use Pennit to hold our clinic at Pac 'N
May 17. 1986; Saturday, September 6. 1986; and Sunday,
Thank you for your help in this pennit process.
S~ .
~~~
Vice President C
RAM:mc
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EXHIBIT A
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RESOLUTION NO.
A RESOLUTION OF TIIE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 86-027 PET PREVENT-A-CARE CONDITIONAL USE PERMIT
FOR THREE MOBILE PET CLINICS IN TIIE PAC 'N SAVE PARKING LOT,
6605 DUBLIN BOULEVARD
WHEREAS, Pet Prevent-A-Care has filed an application for a
Conditional Use Permit (PA 86-027) to allow the operation of three low-cost
pet vaccination clinics to be held, one each, on: May 17, 1986, September 6,
1986, and October 5, 1986, in the Pac 'n Save parking lot at 6605 Dublin
Boulevard; and
WHEREAS, the Planning Commission held a public hearing on said
application on May 5, 1986; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, this application has been reviewed in accordance with the
provlslons of the California Environmental Quality Act and has been found to
be categorically exempt; and
WHEREAS, the Staff has submitted a Staff Report recommending
approval of the Conditional Use Permit; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission
does hereby find that:
a) The use is required by the public need in that it provides a
low-cost pet vaccination service to the community and
provides a service which is not provided to the community by
any public agency.
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity in
that daytime activities will be commensurate with present
use of the properties in the neighborhood,
c) The use under all the circumstances and conditions of this
particular case will not materially affect adversely the
health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood
as all applicable regulations will be met.
d) The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located in that the proposed use will be
compatible with adjoining uses and will not obstruct
vehicular traffic,
BE IT FURTHER RESOLVED THAT the Planning Commission does hereby
conditionally approve said application as shown by materials labeled Exhibit A
and stamped approved on file with the Dublin Planning Department subject to
the following conditions:
1, Layout and operation of the three pet clinics shall be as generally
depicted on the site plan submitted with the application and as
described by the Applicant's Written Statement.
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2, The clinics shall be held on Saturday, May 17, 1986, Saturday,
September 6, 1986, and Sunday, October 5, 1986.
3, The Applicant shall submit to the Planning Department hours of operation
for each clinic at least five working days in advance of holding the
clinic.
4. A licensed veterinarian shall examine each animal prior to vaccination
and the vaccination shall be administered in compliance with the
California Administrative Code.
S. Each animal owner is to receive a receipt stating the date of the
vaccination, the type of vaccine, the lot number of the vaccine, the
veterinarian that examined the animal, and the person administering the
vaccine with the name to contact in the event the animal becomes ill
after the vaccination.
6. Any trash or litter resulting from the clinic shall be removed
immediately following the clinic,
7. All syringes and needles are to be moved by the Applicant to an approved
disposal site,
8. Signing is permitted on the clinic day only, Signing shall be located
in the Pac 'n Save parking lot only, and shall not visually block the
traffic aisles, Signage shall be restricted to two 24 sq. ft, signs,
9, Main traffic aisles shall be kept free of obstructions. Customer
parking is permitted in designated parking stalls only,
10. The Applicant may modify the dates of the three clinics subject to the
approval of the Planning Director,
11, The Applicant and Planning Staff shall make an effort to facilitate dog
licensing applications,
12, The Applicant shall provide the Planning Staff with a survey of the
place of residence of those people utilizing the clinics,
13, All activities shall be controlled so as not to create a nuisance to the
existing retail use or customers,
14. A certificate of insurance naming the City of Dublin as additional
insured in the amount of one million dollars shall be posted with the
City prior to conducting the clinics,
PASSED, APPROVED AND ADOPTED this 5th day of May, 1986,
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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ATTACHMENT I
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~LEASE SIGN AND RETURN THIS COpy
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THE ORIGINAL
lOW COST
PREVENTIVE VETERINARY SERVICE
~ 1 2. 2. SOLI11i MOORI...ANO AVE.
SANTA ROSA CA '5.07
(707) 584-8222 (58.-VACC)
Date: March 20. 1986
RECEIVED
I,: /d~ 2 '{' 1986
To:
Pac N Save
Steve Pedotti. Manager
'6605 Dublin Blvd.
Dublin. CA 94568
DUBLIN PLANNING
llear Sir/Madam:
Please let this letter stand CIS 'itn Olgreement 'for 'the "use -(If
the property ~s described below, for the purpose of ~olding a
<log and cot ~accination clinic.()n the <late/dates listed
below:
DUBLIN: Saturday. MayJ7. 1986
Hours: Tentative
Pac N Save parking lot
6605 Dublin Blvd.
ALSO:
~. Sept. 6, 1986
and
Sun., Oct. 5. 1986
We hereby hold you harmless and ourselves
events connected with our clinic. We are
certificate of our insurance is enclosed.
responsible for ell
fully insured cnd a
Please sign the enclosed copy of this letter agreement, and
return it to us. A self-addressed envelope is enclosed for
your convenience.
Thank you, and yours truly,
Signed by <-J~2A.. b ~
Title '<::.~ ~.(Le~
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Rand a 1 A, rlc r r is 0 n
Vice President
Date"
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ATTACHMENT ~
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February 5, 198&
RECEIVED
FEB 21 1986:
Laurence Tong
Planning Director
City of Dublin
P.O. Box 2340
Dublin, CA 945&8
DUBLIN PLANNING
Dear Mr. Tong:
As business people in your community, we would like the same protection from
outside street vendors as given to other businesses. The veterinarians in
your community assist in school programs, 4-H programs, local SPCA, and
scouting programs. Emergency care is available twenty-four hours a day for
injured domestic and wild animals. This care is discounted to Animal Control
This discount is given to decrease the burden on the Animal Control budget and
to ensure humane medical care until an owner is located, an adoption made, or
disposal is required by Animal Control.
We also make a contribution to these same city and county budgets through our
property and sales taxes. A mobile vaccination clinic only pays taxes (other
than a permit fee) on its profits to the Sate and Federal governments.
There have been previous discussions of zoning requirements to prevent mobile
clinics without instituting a legal battle. Enclosed is an example of a large
government in our State instituting zoning to protect their local businesses.
If we could assist you in acquiring a copy of this ordinance, please let us
know. The Southern California Veterinary Medical Association would be happy
to advise and supply us with a copy of the zoning ordinance. If the
veterinary practices can assist the cities with any animal problems, please
ca 11.
We would appreciate the same consideration we give our cities and public on a
voluntary basis.
Sincerely,
OJ?\.(
J~'1 LL/ILt<J-/
GENE W. NAGEL~, ,
Dublin Veterinary Clinic
GL~fJb;;~/!
~ Vete,i"a,. "o'pita]
, ~\M1t/'~
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" LARRY TI CHER -, 0., . , ,
Alcosta Veterinary Clinic
.
) dtI4L-?Q ,
WI lAM R. EVANS
Parkway Veterinary Hospital
Veterinary Hospital
Clinic
Enclosure
ATTACHMENT 3
e erlnary Mana
· D · E ·
I
1
.
Profit Making Techniques and Business Trends for Small Animal Practice
VOLUME 4, ISSUE 55
NOVEMBER, 1985
INSIDE THIS ISSUE:
Another Ruling Against
Mobile Clients.......Page 1
Details on Assignable
Covenants............Page 2
Federal Trade Commission
Comments on Advertising
Medical Services.....Page 3
IRS Tips on Charitable
Contributions........Page 3
(
Administrate and Control
Your Petty Cash......Page 3
Lease-backs and The .
IRS--An Update.......Page 5
Christmas Bonus
Dilema...............Page 6
Objectives For Your
Practice Valuation...Page 7
JIM GURNEY SEMINARS
Miami Dec 3&4
Tampa Dec 10&11
San Francisco Jan 7&8
Los Angeles Jan 21
San Diego Jan 22
San Antonio Jan 28&29
Sacramento Feb 4&5
Phoenix Feb 11&12
TO REGISTER BY PHONE, CALL:
( National: (800)342-5462
Calif: (408)438-4414 or
Calif: (408)438-4941
MOBILE CLINICS LOSE ZONING
FIGHT IN L.A,
OWners of mobile veterinary clinics'.'
have lost a fight to change Los
Angeles' city ordinance prohibiting
them from resuming operations there.
The City Council voted to uphold an-
ordinance that requires veterinary.
services to be dispensed from in-
side an enclosed building.
The mobile clinic owners began
battling for an ordinance change
about two-and-a-half years ago,
when the city started enforcing the
zoning requirement and told the
operators that they would no longer
be allowed to set up shop in park-
ing lots. The mobile clinic owners
then sought an exemption from the
zoning ordinance and a prolonged
series of hearings ensued, ending
in September's City Council vote.
The Southern California Veterinary
Medical Association (SCVMA) and
local business groups opposed the
attempted zoning change.
Explains CVMA Executive Director,
Don Mahan, "The association fought
the change primarily for two reasons 0
First, we don't think that quality
veterinary medicine can be prac-
ticed from a parking lot behind
some grocery store.
Secondly, we feel that everyone
should play by the same rules. A
stationary hospital must meet
dozens of local regulations and
pass various inspections, so a
mobile operator should not be able
to move into a parking lot and
practice without meeting those
same conditions."
-
Published by 'ames K, Gurney and Associates, NorthAmerlca's Leading Veterinary Management Consultants
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Mahan adds that many local
businesses were concerned that
a zoning change would pave the
way for a proliferation of
parking lot merchandising.
"They felt it would be hard to
keep out dentists or clothes
sellers, and a community of
flea markets would develop."
The repercussions of the Los
Angeles vote are hard to fore-
see. However, Mahan notes
that the city is viewed as a
precedent-setter. Consequently,
local governments elsewhere in
California or in other states
may review zoning ordinances
to see if mobile clinics fit
into their community's "spirit
of planning."
COURT SUPPORTS ASSIGNABLE
COVENANTS
Last June we told you about
"restrictive covenants,"
agreements signed by employees
who promise not to set up a
practice in head-on competition
with their former boss.
One of the sticking points for
such agreements has been their
"assignability," or whether
they still apply once a prac-
tice has been sold. The con-
census among lawyers and finan-
cial consultants has been that
restrictive covenants have
little chance of being enforced
after a practice is sold, since
the agreement represents a
contract between the original
employer and the employee.
But now, a Minnesota appeals
court has ruled in favor of
such assignability in a case
involving a dental practice.
Here's a brief run-down of the
case: A dentist contracted to
work for a Minnesota dental
practice for one year. The
contract included a restrictive
covenant, calling for him not
to set up shop within three
miles of the practice for three
years after the contract's ex-
piration. The covenant also
provided that the dental'rec-
ords of patients would at all
times remain the property of
the employer. .
The final paragraph of the
covenant said that the agreement
would be binding to successive
owners of the practice.
,J
Six months after the dentist
started work there, the em-
ployer sold the practice.
Roughly two months later, the
employed dentist quit his job
and set up his own practice--
within three miles of his for-
mer boss'. Moreover, the
former employee used the con-
fidential patient list to
solicit clients. Hence, the
new owner of the practice where
he had worked sued for breach
of the covenant and misappro-
priation of trade secrets.
()
The initial trial court ruled
that the restrictive covenant
was not assignable. However,
the appellate court disagreed,
ruling that the covenant was
needed by the business to
protect its goodwill.
The two courts agreed, however,
that the employee should not
have used the list of patients
to solicit business.
While the new appeals court
ruling bodes well for the
authority of restrictive
covenants, it doesn't mean that
courts elsewhere will follow
Minnesota's lead. Not only
have the courts been reacting
differently to covenants, but
some states have passed laws
curtailing the scope of these
noncompetition contracts.
<""')
t,.,J
_ Still, a covenant improves the
value of a practice. So, we
2~
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old In heritage. new ,- ~deas
~
utn
Chamber of Commerce
. . VI /"t- 6 ~ a.. /
f~-fiJ~
~ - 5- '6 ~
t c iJlT!s
April 14. 1986
'" ".....,.'
l J- "i'i ')
1'--
Dr. H. Jay Kerr
Crow Canyon Veterinary Clinic
Dr. Gene Nagel
Dublin Veterinary Clinic
Dr. Larry Tischer
A1costa Veterinary Clinic
Dr. William Evans
Parkway Veterinary Hospital
Dr, ~argaret H. Roberts
All Creatures Veterinary Hospital
Dr. Glen W, ~eber
San Ramon Veterinary Hospital
Dear Local Veterinarians:
Thank you for your letter of February 5. 1986. Our Board of Directors took
considerable time to carefully examine your request to give you support
.,n not -allowing mobile vaccine units to come into the area to compete with
you.
The Dublin Chamber of Commerce Board Df Directors did not feel you as business-
people should have to reduce your rates and operate at a loss in ~rder to
compete with out of town mobile units. However. there is a concern for pets
that have not received the required and necessary shots thus endangering all
citizens. ~ue to affordability of those shots.
Therefore. the Dublin Chamber of Commerce~ndorses your position and are requesting
that the City of Dublin not allow mobile vaccine units into the area, I have
~nclosed a copy of our letter to the City Council. In regard to the concern for
pets not receiving proper inoculation due to costs. -."e -would like to suggest that
the local veterinarians replace the mobile vaccine units with a special day for
inoculating all animals of the citizens of the community at a reduced rate. As
stated in your letter. you are already a service to the community now. therefore
"there would be nn need to "Consider anyone but our local veterinarians. '
May 1 say in closing, ~hank you for coming to the Dublin Chamber of Commerce
with your problem. ,we do want to serve the needs of :our membership. not our
membership serve our needs. If you need additional assistance in this matter
or any other lllatter. 1>lease continue to call upon us.
"Sinc~r~e>>~~ ~--
'-:lfver ~
BILL fOSTER. President
Board ()f Directors
BF:nf
, encl. '
~ Amador Valley Boulevard
Dublin, California 94568
i415) 828-6200