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HomeMy WebLinkAbout6.01 Appeal Pet Prevent A Care Use Permit -(56 � � CITY OF DUBLIN CITY COUNCIL MEETING DATE: January 12, 1987 SUBJECT: Appeal, of Planning Commission's decision to deny PA 86-117 Pet Prevent-A-Care Conditional Use Permit- request to operate a Mobile Pet Vaccination Clinic on four separate days within the parking lot of the Village Square Shopping Center. EXHIBITS ATTACHED: Exhibit A - Draft Resolution Dening Conditional Use Permit PA 86-117 Exhibi-t B - Draft Resolution Approving Conditional Use Permit PA 86-117 Exhibit C - Conditional Use Permit Submittals for PA 86-117 Background Attachments: 1 - Applicant's Written Statement 2 - Authorization Letter Dated September 23, 1.986: Alpha Beta Director of Services Agreement for Use of Property 3 - Zoning Map 4 - Staff Report (without Attachments) from Planning Commission Meeting of December 1, 1986 5 - Letter Dated February 5, 1986: Local Veterinarians 6 - Dublin Chamber of Commerce Letter dated November 10, 1986 7 - City of Dublin Letter of November 25, 1986, Responding to Dublin Chamber of Commerce Letter of November 10, 1986 8 - Staff Report - Los Angeles City Planning Department (March 29, 1984) Regarding a Proposed Ordinance Amendment Permitting Mobile Veterinary Medical Facilities on a Temporary Basis (with Cover Letter Dated May 9, 1986, from City Clerk, City of Los Angeles) 9 - Portions of Minutes from Planning Commission Meeting of May 5, 1986, Pertaining to PA 86-027 Pet Prevent-A-Care Conditional Use Permit Request 10 - Portions of Minutes from City Council Meeting of September 12, 1983, Pertaining to PA 83-037 Pet Medical .Service - Appeal of Planning Commission Denial of Conditional Use Permit Request 11 - Valley Humane Society's Letter and Accompanying Transmittals of December 1, 1986 i ------------------------------------------------------------------------------ COPIES TO: Applicant Owner ITEM N0. 6-wl— PA File 86-117 _ 12 - Dublin Chamber of Commerce Letter Dated i ' December 1, 1986 13 - Portions of Minutes from Planning Commission Meeting of December 1, 1986 14 - Appealable Action Letter Dated December 2, 1986 15 - Eric Young's Appeal Letter Dated December 5, 1986 16 - Notice of Appeal Letter Dated December 12, 1986 17 - Eric Young's Letter Dated January 6, 1987 ' (without Attachments) RECOMMENDATION: 1 - Open public hearing and hear Staff presentation. 2 - Take testimony from Applicant and the public. - 3 Question Staff, Applicant and the public. 4 - Close public hearing and deliberate. 5a- Adopt Resolution (Exhibit A) denying Conditional Use Permit request PA 86-117 Pet Prevent-A-Care; or 5b- Adopt Resolution (Exhibit B) approving Conditional Use Permit request PA 86-117 Pet Prevent-A-Care; or 5c- Continue item and provide direction to Staff and/or the Applicant. FINANCIAL STATEMENT: The project will have a negligible fiscal effect on the City. DESCRIPTION: I. Background The Applicant filed a Conditional Use Permit request to be allowed to operate four separate mobile pet clinics in the Village Square Shopping Center parking lot located at the northeast corner of the intersection of Amador Valley. Boulevard and Village Parkway. The request was considered at the Planning Commission hearing of December 1, 1986. At that meeting the Commission denied the request, as a result-of a two-to-two split vote on a motion to approve the Conditional Use Permit- request. The Applicant subsequently submitted a written appeal of the Planning Commission's decision (see Attachment #15) . The Pet Prevent-A-Care mobile pet vaccination clinics have been previously operated in the City 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 (see Attachment #1) . The clinics have typically lasted three hours and occupy a 65' X 35' area of the parking lot. The physical features of the clinic have typically included a van and a 23' travel trailer and tables for registration. -2- Pet Prevent-A-Care has a record of providing low-cost mobile pet clinics in Dublin since 1977 with no record of complaints or problems associated with the operation of these clinics received from private citizens. Starting with the Conditional Use Permit request processed for Pet Medical Service (a separate low-cost vaccination purveyor) in 1983, local veterinarians have voiced opposition to the approval of mobile pet clinics. Attached is a letter signed by six local veterinarians which was received by the Planning Department in February, preceding approval of the February 1, 1986, mobile pet clinic Administrative Conditional Use Permit - PA 86-008 (see Attachment #5) . The local veterinarians have previously requested that the City of Dublin adopt an ordinance prohibiting mobile pet vaccination clinics. Local veterinarians have indicated that they do not believe the mobile clinics are in the best interest of the City or local veterinarians. Local veterinarians'- concerns voiced both in the past and at the December 1, 1986, Planning Commission meeting 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. 4. Mobile clinics do not provide follow up medical service. Local veterinarians, in conjunction with the Valley Humane Society, have offered one low cost pet vaccination service since the last mobile pet vaccination clinic was operated (see Attachments #11 and #12) . In response to the action of the- Planning Commission on December 1, 1986, Eric Young drafted a letter to the City Councilmembers which provides additional historical background of Pet Prevent-A-Care's activities in Dublin and also summarizes his rebuttal points to issues raised by the local veterinarians, representatives of the Valley Humane Society and the represen- tatives of the Dublin Chamber of Commerce at the December 1, 1986, meeting. The Dublin Zoning Ordinance 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 has been, and remains, Staff's position that the mobile pet clinics provide an important service to the community by offering low cost and convenient pet vaccinations, 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 (see Background Attachment #10 - Portions of Minutes from City Council Meeting of September 12, 1983) . II. Recommendations Based on the above Staff Report, and the previous Staff Report prepared for the December 1, 1986, Planning Commission meeting pertaining to this request, Staff recommends that the City Council take the one of the following actions: 1 - Adopt a Resolution (Exhibit A) denying Conditional Use Permit request PA 86-117 Pet Prevent-A-Care; or = 2 - Adopt a Resolution (Exhibit B) approving Conditional Use Permit request PA 86-117 Pet Prevent-A-Care; or 3 - Continue the item and provide direction to Staff and/or the Applicant. -3- RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------------------------------------------------- DENYING THE APPEAL OF THE PLANNING COMMISSION'S ACTION OF DECEMBER 1, 1986, REGARDING PA 86-117 PET PREVENT-A-CARE CONDITIONAL USE PERMIT FOR FOUR MOBILE PET CLINICS IN THE VILLAGE SQUARE SHOPPING CENTER PARKING LOT, NORTHEAST CORNER OF AMADOR VALLEY BOULEVARD AND VILLAGE PARKWAY, AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF THE SUBJECT REQUEST WHEREAS, on October 22, 1986, Eric N. Young, on behalf of Pet Prevent-A-Care, filed an application for a Conditional Use Permit to allow the operation of four low-cost pet vaccination clinics in the Village Square Shopping Center parking lot at the -northeast corner of Amador Valley Boulevard and Village Parkway; and WHEREAS, the Dublin Zoning Ordinance provides in part for the operation of animal hospitals and kennels in a C-1, Retail Business District as Conditional Uses; and WHEREAS, the Planning Commission held a public hearing on said application on December 1, 1986, at which time the Planning Commission denied the request (a two-to-two, split vote resulting in denial of the application) ; and WHEREAS, Eric N. Young on December 5, 1986, on behalf of Pet Prevent-A-Care, filed an appeal of the Planning Commission' s decision to deny the Conditional Use Permit request; and WHEREAS, the City Council did hold a public hearing to consider said appeal on January 12, 1987; 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 provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that: 1) The requested use will be contrary to the requirements and intent established for the Zoning Ordinance which generally requires retail uses to be conducted within a building. 2) The requested use will not be properly related to other land uses and transportation facilities in the subject Shopping Center as the operation of the Mobile Vaccination Clinic will interfere with on-site traffic circulation. 7-,r BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby deny- the appeal request and upholds the Planning Commission's action of December 1, 1986, denying PA 86-117 . PASSED, APPROVED AND ADOPTED this 12th day of January, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------`- APPROVING THE APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING PA 86-117 = PET PREVENT-A-CARE CONDITIONAL USE PERMIT FOR FOUR MOBILE PET CLINICS IN THE VILLAGE SQUARE SHOPPING CENTER PARKING. LOT, NORTHEAST CORNER OF AMADOR VALLEY BOULEVARD AND VILLAGE PARKWAY, AND CONDITIONALLY APPROVING SAID REQUEST WHEREAS, on October 22, 1986, Eric N. Young, on behalf of Pet Prevent-A-Care, filed an application for a Conditional Use Permit to allow the operation of four low-cost pet vaccination clinics in the Village Square Shopping Center parking lot at the northeast corner of Amador Valley Boulevard and Village Parkway; and WHEREAS, the Dublin Zoning Ordinance provides in part for the operation of animal hospitals and kennels in a C-1, Retail Business District as Conditional Uses; and WHEREAS, the Planning Commission held a public hearing on said application on December 1, 1986, at which time the Planning Commission denied the request (a two-to-two, split vote resulting in denial of the application) ; and WHEREAS, Eric N. Young on December S, 1986, on behalf of Pet Prevent-A-Care, filed an appeal of the Planning Commission' s decision to deny the Conditional Use Permit request; and WHEREAS, the City Council did hold a public hearing to consider said appeal on January 12, 1987; 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 provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council 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 detri- mental 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 perfor- mance 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. �1 A z;.1 A BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby conditionally approve said application as shown by materials from the City Council Staff Report of January 12, 1987 , labeled Exhibit C, and Background Attachment 1, on file with the Dublin Planning Department subject to the following conditions: CONDITIONS OF APPROVAL: - Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment-of the proposed land use activity, and shall be subject to Planning Department review and approval. 1. Layout and operation of the four mobile pet vaccination clinics shall be as generally depicted on the site plan and as described by the Applicant's Written Statement, both submitted with the application and dated received by the Planning Department on October 22, 1986 . 2. The dates of the clinics shall be subject to review and approval by the Planning Director a minimum of 30 days prior to the clinics being held. Written authorization for the proposed dates shall be secured from the property owner and submitted to the Planning Director. 3. The Applicant shall submit for review and approval by the Planning Department the proposed hours of operation for each clinic. Submittal shall be at least five working days in advance of holding the proposed 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. Each animal owner shall also be supplied the address and emergency phone number of a licensed veterinarian who could be contacted 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 Village Square Shopping Center parking lot only, and shall not visually block the traffic aisles. Signage shall be restricted to use of two 24 sq. ft. signs. 9. Main traffic aisles shall be kept free of obstructions. Customer parking shall be located in designated parking stalls only. 10. The Applicant and Clinic Staff shall make all reasonable efforts to facilitate dog licensing applications. 11. Within 30 days of each respective clinic, the Applicant shall provide the Planning Staff with a survey of the place- of residence of those people utilizing the vaccination service. 12. All activities shall be controlled so as not to create a nuisance to the c existing retail use or customers. 13. 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. 14. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dubin Zoning Ordinance. -2- 0 PASSED, APPROVED AND ADOPTED this 12th day of January, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -3- VILLAGE PAR,t<WAY .,T / ALK IAJ GAS / THE Box 5T'ATIOM RON / >1 8 ALPHI"- B '.TA DRY ° �-ro R E CI_FJ\NE P 5 / mob q%b lwft El 4*o+ r ' . .. . ::�.. - :lam _ ••Y•_'-�i.' -:��.��vfyq_y4C-Y'�-:!O,� .M Y�;a�:+" r�__ _ .r. k.:�_ � � -. _ • � � _ � � � - .. � };��S,r.:,.� ':rte.. _ - � .. � . . ' r•:.3' Ste' 1 t - r+. City Council Members : We tie undersigned support the continued operation of -Pet P, vent-A-Care, Inc. 's mobile y�ccination clinics in the parking lot of commercial centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE Istreet DDRESLS/ rea c PH V .'. 11171 t�=�L Ez�-707 2.( C/v 3� K�w <•� \I V .t-G-'�•1.' �'-�t U_J I.J?`�'J /�Li...iC.l �'f,�� `��� c' I� 6. =, T� }` le- 7. f�' I j 7�: r ' I i y.- �f/c'°/.'� >~ ;r1�� u �'....•'� I �• ( �''.y✓y L�1+-- y/�!'/ /�. i �^'-_I� 7 _ •7 err .�' l,�'r � �•_ �!'� -�/'. i`} i�' �% �i ('• r�� j V �. 111E 't ( ..C.i rL 9. 13.i. ��; r -;.. ;.'� '%;��...�n-� J.-.c/ ;? :'� �j,�,rr�<.� �/ , cif/ �"'-!i'j-' r, • - � ' yC-,�y.�'� - �, f. ! �.: -7 1 � C/ I� I / i. !y-/r r I_ •.-r. .r / rl �.l /i.171. 7 % / - 19 �^ �l`J�„ L �� v,-�,v, I '< - 5rr t� :.,' � /4,1 20. ew' �� ✓ JT_�-PLC._ I:, i -% _ , 4� cc: I, ��-/%`' 7 . /t'�l A ) 1, •� �\ �i�^,.ci � I i _/�. i r"'� '��. i•fy i- / � 2 4. /1� r r(/ V V' ►� �l� "�!�.. ,,. �`., :; - / 1 G(c l i/V l►!`!� f y�S �� 7 �� L/f-: City Council Members : j We the undersigned support the continued operation of Pet Picvent-A-Care, Inc. 's mobile vaccination clinics in the parking lot of commercial centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE street &DRESt rea co��ON � -�G7i7 j�G1:7G17 2 r�JD-i`C' ,�, �1_.:il!�l�A c/ ".1,L10 O 4�:,Z(NH ),��d Gy?7 /L.'�,- �%:�L% G C.�'�.., �yJ,�• _ - 7 C. � 0. ir ti - -.;� r- ,r"; � tr t1 I�'.;�:;; ,�'.�c �n� -� "` '� cam• c :. '�7 l y�-�9-i,, y•`_• OK 4w. G _ CJ~ '�-T j G �_ C-7 E)�-O 25 ,. - f0c k' City Council Members: We the undersigned supporL the continued operation of Pet , . went-A-Care, Inc. 's mobile vaccination clinics 'in the parking lot of commercial centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE �treet ADDRESS area code �7-2, 4:: 2. 3. 4. 1 / 1 tom ! I/ /: // f / !: T• 1 r �1 ,��C...�•. .��./,.;�c.°-'..ti-; 111111 �•,<�/ :�•' � `' �!C' ��. / /' ��i � � �i - �1.. �r'''te ` ' 04 a Ll1�TiT �^! L�.��''/_.�_.G- �h _(�,I,'i 1> :� 'C Y_i:•I..-.�.._ /�//.�.y! i ::-�Le '"mil.i _'�`a i` _ � !!t J �� `.- •� _ 21. 24. L= �C Al" Z,e, I 1 '/ 6-1 25 Z7� C `� { l 6 c�/t,I / c / /-s-o akt, , City Council Members : We the undersigned suppor-. ne continued operation of Pet F. ent-.A-Care, Inc. 's mobile vaccination clinics 'in the parking lot of commercial centers , similar to those they have frequented since 1975. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the comum,ercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE t DD U de V�tree area code 2. 3 i C:K J"�� .lam! �...�.1 1: _ i `' i _.0:���! f, J'/1 S �%1%✓- j <i f'? ��-r•I-��'� �. -\�% �J_ 1.4 `V Cll\j 1r ) i' :r�-n' /� •/•j' /r,�.''.r'!l%J_f /r• �t.`�i'�• r,L�/'� r!'�v //._�''.1� .l,.i.'i �`'!•` �"� �� 10 I ; 2: _ / / ♦�J�/ - - J 1 ie %� LE �� �i7'�'�-S � �- 1 f`1a•� liar •T, p !, �; '�' -✓�, % -r T•- •. / '�� /,'� 'i'rTl /%• //% LL // �/+A� i i /�, r�,1., .i[sir �/t-- j:�. _'ti' _ - �/ \I .�%�'I `� � � �•. ``- I �`\ '\_.\1�1.!�. \V � `mil'./� 1 - ^ •��� � I v�lI ` 1 ! 46,- i-�'l4" 23. G'r�l` rF�.C.(�;;^ �n � �.�� I ' -='C�✓I 7� •�(,:,�-G, �� (/�/l,). i,J( / ��i / 24. 25. 1 y-,z� ;'. �'FG �r d �yy J,,G'�' City Council Members: We the undersigned support ,�ne continued operation of Pet F, _ .ent-A-Care, Inc. 's' mobile vaccination clinics in the parking lot of commercial centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRI TEN SIGNATURE Ltreet D&D AR area co dt D T ✓c _ 7 ' 3 yam`/1. }//! / �' i /; /1 J _ - • 1//�i�l�� 4. / D. � i k/! :/.� 1 %A_.-./ 1 ! "r �"^+/�'7{ l ' - ? ..jam. ��^' � �� �. ��•' )�' 'ail, r � J I ,/�,, t. ' I�/' /1 -•-i � �I/� ! I,K� ' t' �� 7 % � rJJ'1 �.�'j I I"�I U� �/-/ i i' _ ���:.`_ .. � !�.'ti` f j-- ��t�!r_:i.J_J� / l jk''f'y:i•':� / � Z 7v� `_ "�-`i_1 C'- ! Z-/Y_ i F• '�I_ `I F'� .J (,�l ;1-1 ,t'� li '_A-t tip— y.-- (� i _ u � i y �'Tt 'i11• V V1 '� 2 2•�I 23. '.,� !mac_ :l!.� .�-- .//� �'1�� `%✓lam" %iTi��!' ! a hzo. '7 �Q � .•.._ ___._ �� L� lam-/ 2s u 7P. Grp �.G � i� -13I L \ + City Council Members : ! We the undersigned suppor,. he continued operation of Pet lent-A-Care, Inc. 's mobile vaccination clinics in the parking lot of commercial centers , similar to �• those they have frequented since 1 978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE ADDRESS Pwo v treet & city larea cods a - 2* _;/ / .� C'✓�:"r»f G. /I . C- 'lcl.'� ;r;f-� 7 9a%,<' -�, U 3 / / L 7 t�'{-'ll._• L�-x:1:.1\_!,JCLL. �.-�`-�:� <:^\ ��.�.- �1 t �i��• I�•�/r' �' .^/t - �"�',�'�� r� �'"i':~�C�'7`:' ��.� :4.'�'� /- L.�� I iy .Vt�✓ .r" l-" I / ^J ��<.•i •�--i v .c._: t� 1 ' l 1a '- _ ti'i✓".mot;.. ..�' / 1 r_ r '� _ -rte %.� _j _ � `. 11.�•11/• 1!J /!',n ri/f I r� I -r�. �.�, _ %/��%��_—__ �?C l^} Y�' '/".~/ `- __ I � y�— /. i 13. {j r ( }7 1 �? 1-en 1 �� 7!� � ��.'Y� f � I -.!:-7- ! /-^rr � E r l'` ` c1 � — �•> i .'� •T'.i�� / a err:G;CJ'< C•. Cs�1'�� ./�-G t^ ! � � j X—�'-•�✓Jl,_-'L.�, � � `� ; .mom,. 1/ X 6- I .,.. ! N� C�')2 , F 24 Ml r 4 q I y�S� �r ,Jc�1�� lP� —y�T o t✓ 2 ar�' ��''�•S�_\, , t i. City Council Members : ' We the undersigned suppor-c the continued operation of PeL . revent-A-Care, Inc. ' s rpobile' vaccination clinics in the parking lot of commercial centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE �treet Q�REStS ,� rea code.c, T A 2. zle 3. / L~ .U t �N'-•t_ '•/l-� .`. ...� �' ...-� I r J? y /vvl .`Pi;��jl�j -'j'' `�� c7- 6.` - - _ 'L1.1 I 1 r 1 / 4%/�ter.-�•�:- S 3. GA(Z L ��L15 I ✓ ,,•y%��l — �� �'c�,�;:.� �_ I _ T .< y.l�:' fit, ✓ - . �, r (�:�: �,�Z 1 ,Plitt J:mac••- �`!*�:/1/a/aI`'EGc i 2. '._/ ..V is � ^��' � i! i•'// �-.. • � /^^ - _ V ,; ;/fit /� � `�,��_.,-, ., � r n;_ � � �. �• I �{ Y�� _ -�.; =�. V 1 `}••r f-'fL J I 1 v7.�/..}"� 1 .%�v tiC".1: i i.. /"t i:-!' r_'•Cf'C._. -'-/ice ,-�.l •...' Lj y�•�\!� ) (�--+':.�}'C,�C--� 1 •':r�:.7��•" '•1�./ i i .�.. tom: i"i :ry--� 1 �i G 20 j �i '"l?��•(,,.J'iiC.c:Li.4�L�i-. � ��«.7-�� C�c 4-��-�` �--'-� �-�-+�'/Y f_< �.�� ` �..::?� �•„• it 7 c�q Y cz��, I F C, ls� �)J S�2 2 2 E /./l, Z. l�-fll, ice!/ /i/i/ n� !/'/i i t.• / :/ice=r , �/ iv i✓ V 23 �GclkL,-7 4 �T l CS l `' r '.r l/`lr. i. y I y' (r .T I• .�` }�'t C 7� i '}L. 25. n p 11' Z.Lo or- A Ue,- t � Z1 �2-,T cj,,�,,.rc 1, 2- S190 G City Council Members: 1 We the undersigned supp,.. ., the continued operation of Pe,. . revent-A-Care, Inc. 's mobile vaccination clinics 'in the parking lot of commercial centers , similar to those 'they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed service, a community service, and an excellent promotion for the commercial sites that host their service. PRINTED NAME WRITTEN" SIGNATURE ADff5S PO �t.rreeet ci t area co 71 �L . 9945 0­4"40-4(4 G1z / l rrnn T-A -4 ru, L){ , ` i {Le i tsfh L 1. �J lfl�Y1. / 2�1t-�- --t,/I-A/ �Y�GF L %` �/,i.�.r l r r. /: -t j �: I �% 7 / /�'G•, !�' iJ f (:' !(% ]!.t C / 11. I • ' 2 I 13. 1/ . 18. 19. I 20. - 21. 22. 23. 24. 25. We the undersigned suF the continued operation of Pe •event-A-Care , Inc. 's mobile vaccination c i,. in the parking lot of ce.,,mlerc. . centers , similar to those they have frequented since 1978. Pet Prevent-A-Care, Inc. is a desired, needed 'service, a community service, and an excellent prc.motion for tale toll. ercial sites that host their service. PRINTED NAME WRITTEN SIGNATURE Is A�D RUS I P !0,� Is, a ctty Brea code a 2 3. ( ; l�\ C!� t 11 4. 5 ! , ! . 6 e 14 7. f� %;,c,7.�✓ U•IZ,'l 5� ��/✓�-ci/ ,�/' ,.��.r...Gl I h/ 7_�i_C ti!�°�Fes+./%C'�✓ (`,//S - �y�i�'�;%% 8. ' %l/%'i::.•Y N / L�•'/ I �Ci�'v .s•�7 �..r�GI}. �f�..-'� i��� �'`� f%i r•• r 1 �//� .'i -'��-'- I i.'%L� 12. I 1; . lo. 19. ( = I I 20. I = I - I 21 . I 22. _ 23. 24. I I 25. 7. .. .. .. '4.' . i C C t 1 Y L D OCT 2 2 i986 October 22, 1986 DUBLIN PLANNING City of Dublin Planning Commission _ Dear Commission Member: _ Pet .Prevent-A-Care, Inc. is a low-cost, mobile, dog and cat vaccination service. We hold clinics throughout the Wes;. Coast and have done so since 1976. We provide our low-cost service in clinics operated fro:- . mobile units set up in the parking areas of shopping centers, schools and colleges, hotels, and other locations that—are handy and 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 clinic rates . The length of an average clinic 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 b;, attracting pet owners that veterinary hospitals do not reach; people who have ceased vaccinating their pets because of cost, or wh c have never vaccin ted 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 Veterinarian. On top of all of this, we make many emphatic referrals to local veterinarians for physicals, and a variety of health programs . After hundreds of clinics we've refinded 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 clearer than when we arrived. -ATTACH'M" ENT f s_ 711 _ - City of Dublin 77 October 22, 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 problem. We have a Dodge van pulling a 23-foot travel trailer. Including our rig, we rope off an area approximately 65' X 35' for lines and registration tables . The clinic layout is attractive and orderly. Our staff is well trained and very efficient, so order is always kept. We have held 28 clinics in Dublin since. 1977, . and have never received a single. complaint from anyone that was not Veterinarian induced. That we are a desperately needed service in your co=urity is verified by the turnout of between 200 and 350 people at every clinic we have held. Some local veterinarians say we give nothing to the community, and take money out of town. The fact is that we give--Dublin the opportunity to make a choice as to how much they will pay for"vaccinations for their pets , and we- leave more money in the pockets of your citizens, to spend as they see fit, than does any other Veterinarian in the ..Sap. Ramon Valley, for the same service. Don't take that choice away fron, ycur community. We . are requesting a Conditional Use Permit -to hold our clinic at the Alpha Eeta, at the corner of Village Parkway & pmador Valley Blvd. on Sunday, December 7, 1986; Saturday, January 31,. 1987; Sunday, April 26, 1987 ; and, Saturday, August 29, 1987 . Enclosed with- this application are copies of petitions signed ire Dubli- on one afternoon in May, 1986, by 201 area citizens, showing .- their support of our vaccination program. Don't let these, and hundreds more,' down. Sincerely, J Randal A. Mo rison Vice President/General Manager RAM:mc Enc. - tP+.'S:`: ..- •s'�- r•-� .ten- .: - [ _ _ _ _ _ .._.. - .'�rr4:��:-'c -- _ _ __•:!�.:. _ ti..-.`:::.rte at..__ _.__ __ . .. .- - -' VTR f' � _ _-- '.:::;•,.��a��iey��r�` `�'°`.��'-C' .L PLEASE SIGliI A':D ;RL�L �P{{ �;4j.5 LO?Y . .:THE ORIGINAL _ .. LOW COST . -•:{n.`..�,?.."., - - ,- PREYE11T1 VE VETERi KJCRY SERVICE pET p►RMW-A-CARE,'INC. A 12 2 .SOUTH MOORLAND iAVE:'::'; - . ._.___ ' :'. (707) 5'84-8222 (584-vacc') 12 E C Date : - September .23,.198E _ ACT 2 2 198b; - To: e?�3:fU PLAN KING Alpha Leta --Ron 'R+`ynol ds :. host DFfice :.Box -4903 ::..Fremont, :CA .. .. -'` •. GE.ar: Sir,Nfad•af;;- D.?ea let lEttEr staid as ar iorEemant for thE:L;se 5e 'this Of the property as ` escribed bE'ow,--rGr, the purpose of inc rf:)lt: c do; :and ..Cot. 4'?CCina*ion. .Clinic, .'on .the " C1EtE�datcS ;: �jsted .DUBLIN: Sunday, December 7, 1986 -Atzo: Hours: Tentative :Scit.; Jan. 31, 1987 Alpha Beta Shopping Center parking lot - Sun., Apni,P 2b-1 1987 Corner of Village Parkway b Amador Valley Road '• •,: Aug• :-29, 7087 WE hErEhy hold you har,-• ESS an: ourselves rES-OrSib1E `fz)r all Events Co,necte,; 1':itt- our ci inic. W= are fully insar=d Er:: E cErtiricate of -cur ins:;rancE -is encicsed. t _ PlEaSE s ign the Enclosed C-r:j of rjS lE"E E_ EE :nt , , return it to u - � r" S-: ,i SE'F-E �sEu Crf'vc f C•j+ TS c C fvS2u your conyeni.ence. ;a n1; YCU., End yours truly, . cicr+ed ty rrlSorf Tltie S G S Vice President RAM c ... Date - �� �E n C t\ - 1 - - _ .J-:� is — �:�..:�f.:�• — ,f• — — '1 - - -- - - - - _ - •tom - - CHOMEN- T 1 AITA ` _ r ff rf�o 41�oyll T ._ - •�i+�s J: . cif ,S^ :''ri� "' "-";:? =i•P'-;>V•ti+.Dy':*G:•+=t•, �ti b.� °tom 'tai J fas Rm %W rR 81v-v 117 bLE SHEL I 2B • A L 7 13 If v x c c A Vt. r Al >\ .% CN 7 m A PART OF THE m CITY OF SANTINA 'ZONING MAP DUBLIN I THOMPSON mc c THE CITY OF r OCT 21986c.tir DUBLIN Z DUBLIN ORMA Ile! CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: December 1, 1986 TO: Planning Commission FROM: Planning Staff SUBJECT: _ PA 86-117 Pet Prevent-A-Care Conditional Use Permit for Mobile Pet Vaccination Clinics. GENERAL INFORMATION: PROJECT: Conditional Use Permit request to operate a mobile pet clinic on four separate days within the parking lot of the Village Square Shopping Center. APPLICANT AND REPRESENTATIVE: Randal A. Morrison, Vice President/ General Manager Pet Prevent-A-Care, Inc. 4122 South Moorland Avenue Santa Rosa, CA 95407 PROPERTY OWNER: Alpha Beta Stores P.O. Box 4903 Fremont, CA 94539 LOCATION: Village Square Shopping Center Northeast Corner of the Intersection of Amador Valley Bouelvard and Village Parkway ASSESSOR PARCEL NUMBER: 941-197-79 PARCEL SIZE: C-1, Retail Business District GENERAL PLAN DESIGNATION: Commercial/Industrial - Retail/Office SURROUNDING LAND USE AND ZONING: North: R-1-B-E, Single Family Residential District - Church and Parking Lot South: C-N, Neighborhood Business District (AM-PM-Convenience Mart - Service Station) and R-1, Single Family Residential District - Residential Uses) East & West: R-1-B-E, Single Family Residential District - Residential Uses ------------------------------------------------------------------------------ z.-rvilk"'" ITEM N0. + 4. M b ZONING HISTORY: Two mobile pet vaccination clinic operators (Pet Prevent-A-Care and Pet Medical Service) have operated mobile pet clinics on a regular basis in Dublin since 1977. Locations have included the Payless, Gemco and K-Mart (presently Pac 'n Save) parking lots. The Applicant indicates that Pet Prevent-A-Care has held a total of 28 clinics in Dublin since 1977. Mobile pet vaccination clinics carrying City of Dublin approvals include the following. On September 10, 1982, the Zoning Administrator approved an Administrative Conditional Use Permit for a mobile pet clinic in the Gemco parking lot, which was held on September 18, 1982 (PA 82-017) . On December 27, 1982, the Zoning Administrator approved a mobile pet clinic in the Gemco parking lot, which was held on January 9, 1983 (PA 82-038) . On January 6, 1983, the Planning Commission approved four mobile pet clinics in the Gemco parking lot (PA 82-035) . On April 7, 1983, and May 16, 1983, respectively, the Zoning Administrator approved Administrative Conditional Use Permits for mobile pet clinics (Pet Medical Service) which were respectively held May 22, 1983, and April 17, 1983, in the Payless Drug Store parking lot (PA 83-010 and PA 83- 020) . On September 12, 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 (PA 83-037) . The approved dates for the clinics were September 18, 1983, November 20, 1983, January 15, 1984, and March 18, 1984. On September 17, 1983, the Zoning Administrator approved an _ Administrative Conditional Use Permit for a mobile pet clinic in the K-Mart parking lot, which was held on September 17, 1983 (PA 83-051) . On December 5, 1983, the Planning Commission approved four mobile pet clinics for the K-Mart parking lot. The approved dates for the clinics were January 8, 1984, April 7, 1984, May 2, 1984, and September 14, 1984 (PA 83-055) . 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 (PA 85-075) . On January 24, 1986, the Planning Director ao roved an Administrative Conditional Use Permit for a mobile pet clinic at the Pac 'n Save parking lot, which was held on February 1, 1986 (PA 86-008) . On May 5, 1986, the Planning Commission approved three clinics for the Pac 'n Save parking lot (PA 86-027) . The decision was appealed by a member of the City Council, but the Applicant withdrew his application before an action on the appeal could be rendered by the City Council. APPLICABLE REGULATIONS: In 1983, in conjunction with the review of the mobile pet clinic request from Pet Medical Services (PA 83-037) , the Planning Department made the determination that four clinics were not considered. a temporary use; therefore, Planning Commission approval of a Conditional Use Permit application was required. Section 8-48.2 (c) requires that a Conditional Use Permit be obtained for animal hospitals and kennels. -2- 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: 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 a bond; and e) compliance wih requirements of other departments of the City/County Government: ENVIRONMENTAL REVIEW: Categorically Exempt NOTIFICATION: Public Notice of the December 1, 1986, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. . ANALYSIS: The Applicant is proposing to operate four separate mobile pet clinics in the Village Square Shopping Center parking lot located at the northeast corner of. the intersection of Amador Valley Boulevard and Village Parkway. The first proposed date, December 7, 1986, cannot be approved under this permit as the permit cannot become effective any sooner than December 12, 1986. The dates of the remaining three clinics requested by the Applicant are as follows: Saturday, January 31, 1987, Sunday, April 26, 1987, and Saturday, August 29, 1987.- The Pet Prevent-A-Care mobile pet vaccination clinics are 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 (see Attachment #1) . The clinics typically last three 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 1977 with no record of complaints or problems associated with the operation of- these clinics received from private citizens . Starting with the Conditional Use Permit request processed for Pet Medical Service in 1983, local veterinarians have regularly voiced opposition to the approval of the mobile pet clinics. -3- Local veterinarians have indicated that they do not believe the mobile clinics are in the best interest of the City or local veterinarians. Local veterinarians' concerns voiced in the past 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. 4. Mobile clinics do not provide follow up medical service. Attached is a letter signed by six local veterinarians which was received by the Planning Department in February, preceding approval of the February 1, 1986, mobile pet clinic Administrative Conditional Use Permit (PA 86-008) . The local veterinarians have previously recommended that the City of Dublin adopt an ordinance prohibiting mobile pei clinics. Local veterinarians have offered a low cost pet vaccination service at least once since the last mobile pet clinic was operated (February, 1986) . The Dublin Zoning Ordinance 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 has been, and remains, Staff's position that the mobile pet clinics provide an important service to the community by offering low cost and convenient pet vaccinations, 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 (see Background Attachment #9 - Portions of Minutes from City Council Meeting of September 12, 1983) . Alameda County Animal Control has previously advised Staff that the County does not provide a low-cost vaccination service. RECOMMENDATION: FORMAT: 1) Open public hearing. 2) Hear Staff presentation. 3) Hear Applicant and public presentations. 4) Close public hearing. S) Adopt Resolution approving the Conditional Use Permit. ACTION: Staff recommends the Plannng Commission adopt the attached Resolution approving the Conditional Use Permit application PA 86-117. -4- ATTACHMENTS: Exhibit A - Resolution Approving Conditional Use Permit PA 86-117 Exhibit B - Conditional Use Permit Submittals for PA 86-117 Background Attachments: 1 - Applicant's Written Statement 2 - Authorization Letter Dated September 23, 1986: Alpha Beta Director of Services Agreement for Use of Property 3 - Zoning Map 4 - Letter Dated February 5, 1986: Local Veterinarians 5 - November 10, 1986, Letter from Dublin Chamber of Commerce 6 - November 25, 1986, Letter from City of Dublin Responding to Dublin Chamber of Commerce Letter of November 10, 1986 7 - Staff Report - Los Angeles City Planning Department (!larch 29, 1984) Regarding a Proposed Ordinance Amendment Permit6ting Mobile Veterinary Medical Facilities on a Temporary Basis (with Cover Letter Dated May 9, 1986, from City Clerk, City of Los Angeles) 8 - Portions of Minutes from Planning Commission Meeting of May 5, 1986, Pertaining to PA 86-027 Pet Prevent-A-Care Conditional Use Permit Request 9 - Portions of Minutes from City Council Meeting of September 12, 1983, Pertaining to PA 83-037 Pet Medical Service - Appeal of Planning Commission Denial of Conditional Use Permit Request -5- • •tir., .•.'.:: •�.>.-a`C:'.a'�ri;�._ •�:a �:..-;+.- F�'x"`„'�ate+Y_ > February 5, I YE 'D : .:: �. -FEB 21-1986: -. ` Laurence Tong -- DUB_UN PLANNING - Planning Director City of Dublin ` P.O. Box 2340 Dublin CA 94568 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 witho4t 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 Ked-ical 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 call . , We would appreciate the same consideration we give our cities and public on a voluntary basis. Sincerely, WI IAM R. EVANS - _ GENE W. NAGEL. Parkway Veterinary Hospital Dublin Veterinary Clinic - MARGAREW H. ROBERTS-.;, GLEN W. WEBER-.: All Creatures Veterinary Hospital Sa.n Ramon Veterinary Hospital - j,,.. i K yon R- LARRY TI CHER - - _•, Cro an Veterinary Clinic Alcosta Veterinary Clinic Zll1JJvi �r'1 Loci - % W_//W, N a;^ :.i � C ti.+. x p 'F"sr Y1+2`SS y n s- arTS+s.•c';}'�„r ^.^'C'i c.�y .fir r. r^' . . Profit Making Techniques and Business Trends for Small Animal Practice VOLUME 4, ISSUE 55 . " %2=_ :MOBILE CLINICS LOSE ZONING" .(FIGHT-- IN L NOVEMBER,` 1985 :A. -- ' Owners .of mobile veterinary INSIDE' THIS ISSUE: ry clinics _. - have lost a fight to change Los Another Ruling Against Angeles' city ordinance prohibiting Mobile Clients. : . . . . .Page 1 them from resuming operations there. -The City Council voted to uphold an - . Details on Assignable- ordinance that requires veterinary- Covenants. . . . . . ... . . . .Page 2 services to be dispensed from in- side an enclosed building. Federal Trade Commission The mobile clinic owners began Comments on Advertising* . g Medical Services. . . . .Page 3 battling for an ordinance change about -two-and-a-half years ago, IRS Tips .on Charitable when the city started enforcing the Contributions. . . . . . . .Page 3 zoning requirement and told the operators that they would no longer Administrate and Control be allowed to set up shop in park- Your Petty •Cash. . . . . .Page 3 ing lots. The mobile clinic owners then sought an exemption from the Lease-backs and The zoning ordinance and a prolonged IRS=-An' Update. ... . . . .Page 5 series of hearings ensued, ending in September's City Council vote. Christmas Bonus Dilema. . . . . . . . . . . . . . .Page 6 The Southern California Veterinary Medical Association (SCVMA) and Objectives For Your local business groups opposed the Practice Valuation. . .Page 7 attempted zoning change. Explains CVMA Executive Director, Don Mahan, "The association fought JIM GURNEY SEMINARS the change primarily for two reasons. First, we don't think that quality veterinary medicine can be prac- Miami Dec 3&4 ticed from a parking lot behind Tampa Dec 10&11 some grocery store. San Francisco Jan 7&8 Los Angeles Jan 21 Secondly, we feel that everyone San Diego - Jan 22 should play -by the same rules. ._- A San Antonio Jan 28&29 stationary hospital must meet = Sacramenton Feb - 4&5 dozens of local regulations and Phoenix Feb 11&12 pass various inspections, so a TO REGISTER BY PHONE, CALL: mobile operator should not be able National: (800)•342-5462 to move into a parking lot and } Practice without meetin' those Calif: . (408 )438-4414 or Calif:. (408 )438-4941 same conditions." Published by James K. 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'. -.:a e.•; �y ti� .°�..:.,, . i��,,.i..�.?�A"'E3:-gW- T�'�ry a to set s' wit] in three _ • fadds x�thati-mmar, Kcal ..UP Mahan ,. . . �. . .�,. . sinesses-were;concerned that ears `afterttheacoritract stexee. bu _ a z�ining 'changeYwould .pave the Y >. roliferation of piration. The covenant also way for.-a-p_ provided that the dental iec`= =` parking =:lot:.merchandising. call "They.-;f elt t`w. ld be hard to ords 'of patients times remain- the property,'of :- out;dentists ;or -:clothes . '_ Jam ` ` keep the employer _ �� � - :tU community .of _ _ :. - ;_-�> ,.. sellers; and;a..__. `develop." :. fr ..... . � -._ arkets:;would The`-final paragraph=of _the flea m : `. :. _, �; covenant said that'the agreement t The :'repercussions of .the Los would •be binding to '.successive''` Angeles.'.vote 'are hard to fore- notes owners of the practice. _ti :�::. see: However, Mahan n _ _., - that ,the _city:is viewed as a :Six months after the -dentist precedent=setter-- Consequently, started work there,=ahe;ern- = , local governments elsewhere-in to er sold the practice::=:: California' ,or_.yin other states . -. Roughly two months :later;':the may review zoning ordinances : to see .if .mobile clinics fit employed dentist quit :his job into their.;:community's "spirit and set up his own practice within three miles of his •for- of planning:•"_=:::_ mer boss' . Moreover, the COURT SUPPORTS ASSIGNABLE former employee used the :con- fidential patient list to COVENANTS solicit clients. Hence, the ou about new owner of the practice where Last -June -ye told Y he had worked sued for breach - "restrictive covenants," of the covenant and misappro- . agreementssigned by employees who promise not to set up -a —P riation of trade secrets. practice in head-on competition -The •initial trial court ruled with ,their former boss. that the restrictive covenant One of the sticking points for was not assignab le. However, such agreements has been their the appellate court disagreed, "assignability," or whether ruling that the covenant was needed by the business to - they still apply once a prac- tice has been sold. The con- protect its goodwill. census among lawyers and finan- . The two courts agreed, however, cial consultants has been that that the employee should not restrictive -covenants have little -chance •of being enforced have used the list of patients after a practice is sold, since to solicit business. the agreement represents a While the new appeals court contract between the original ruling bodes well for the employer and the employee. authority of restrictive eals covenants; it doesn't mean that But now, a Minnesota app courts_elsewhere will follow _ court has ruled in favor of Minnesota' s lead. Not only such assignability in° a case a dental practice. have the courts been reacting involving differently to covenants, but of t states v passed Here's a brief run-down ctedto curtailingthescopeof these case: A dentist Cont. noncompetition .aontracts. work for a Minnesota dental practice, for one year. . The 'contract included a restrictive value�o a opract improves practice. we ehe covenant, calling for him not 2 -• Tr_':'».'ties= -�. JJ.•1 1-tom .4i.?.». _ . - iii.: !-i:. e-=l"s:�:::r.•,t:.•- '•i_'.-:.- _ _ - • .v/• -C, f ..is vl•:.. .vJ„\".�'.r,':r"... i�r�'i+ ..1--,_�.%�.•" - 'Sr _J 'yf.-s' _ is c - .ty' _ • - \. tom.. - J 1 _ { 1 _N _ ro 7,w - _ ter.. �'.: ';sue• :�..�. - - ^�•'. :,j.7 %:i:':�,{•.:_ •.4is4i:Y.-`'�'�`�'S�►aL' �,tr:�+l"•.�. .`4T d?< _ --+y°J=t�'!z`�+�•'4 :: •• 'r• :a. :.r:. fir.• _ - - - - - r«`• - 3f. "1`" •f .r;y •3.• "t .v .j..,r} L" - •N-,(:;:,:a, _ - may^:• o:.., � '^ - } r { 5l•. -J •1 t•=•t / r -.S y.• :{�. •_� •_ - .n��.r-•1�'ti 'f+4 '%ie. ':s a -•Fk �'�.�`-' �-_ - - - rS-'-+"_ �;';,:-. .GL -•''Y' .._tS1's:i"j*�'a.�r. .,.�-"�•%1._-: -t.r�.\.f� -••:i.•:t.-:r{::�-_.,.:I�..-:-._•._i.��_ii - �'�'� �-�i� •�:�':!,' '• f�=I.:� .. ♦ }y� =Y' a�_�.. .1•�.=.f C-:tea-..�T,�'r'ti�:.Y.!s..- . - i-y':%C +��{1'�'�`�{'1 _ -•�,_•''.C�� rt ' -4, ,�'f`'l, •!�� �Y—� _ .Iti:�:..`�'� nGafOtS"ti'-��� -+ tt� •.i s�'5... y•} ay^,�y. G� ,��'..-t,S...uy rs�irlh.,�: R .+1,aY •y _ .Tr P: �'s r Y r 1 f�y, Y 5't�L f' .'.'�'�L rer.;;:y♦r.�p. "t sue"- F a 1 U•' }M• 1•'.l y)y a•v,.. (s 5 � }g ...q.�r'��+,��ai��.P�{J,., .. - .... .".., A.,.. .s..-'.l✓.1 .(:'YrC•a�'tl�\',�• n+s2 �... ._ ..: r,!''i�J. w':}F�itT�.�•.}_i::�..'ZC•.>r.i}._L•'. x._.a-.....- . .._-��3••♦ .. .�._ ��.fjy:' �ZFtiJi``�V�A""K.',;�\at'? :'.�-.s:���:�� _ - ^'tc }'°.�`�-,'`Z••s�•�.ti=.`ri^.� 1�'_ a C t ) b E D old in heritage - new in ideas NOV 17 1986- in dijbi DUBLIN PLANNING Chamber of Commerce November 10, 1986 Planning Commission Members City Council Members City of Dublin 6500 Dublin Boulevard, Suite 100 Dublin, California 94568 Attention: Kevin J. Gailey, Senior Planner Re: PA 86-117 - Pet Prevent-A-Care Mobile Pet Vaccination Clinic Conditional Use Permit Dear Commission & Council Members : The Dublin Chamber of Commerce is in receipt of the application referral dated October 30, 1986 in regard to the Conditional Use Permit for a mobile vaccination clinic sponsored by Pet Prevent-A-Care Mobile Vaccination Clinic. If my memory serves me correctly, this matter.was heard before the Dublin Planning Commission in May, 1986 at which time the Commission approved the Conditional Use Permit. However, prior to the actual finalization, the issue was contested by a Member of the City Council and therefore referred to the City Council who in. turn denied approval of the Conditional Use Permit ba-sed on a zoning ordinance requiring the clinic to be in a stationary four wall enclosed building. For the above reasons the Dublin Chamber of Commerce -hereby requests that the City deny the Conditional Use Permit and continue to allow our City veterinarians to keep our business in Dublin as well as the continuance of the vaccination clinics sponsored by the Valley Humane Society in conjunction with our valley veterinarians. Four clinics have been scheduled by the valley veterinarians and Valley Humane Society, the first being in Pleasanton on January 17, 1987 followed by one in April in Dublin, July in Livermore and again in Dublin in October, 1987. The Valley Humane Society along with our local veterinarians offer a discount to Senior Citizens as well as provide information on spaying and neutering of animals. A brief examination of the animal is done prior to the vaccination. Any further treatment or diagnosis of an animal is referred to the owner's veterinarian. It should be noted that all animals are treated or vaccinated by licensed A.H.T. 's and that a licensed veterinarian is on the premise at all times. The Valley Humane Society notifies the public of the clinics through the local radio station as well as the local newspapers , the Tri-Valley Herald and the Valley Times and through the use of flyers. 7986 Amador Valley Boulevard Dublin, California 94568 415) 828-6200 A 5W AiTAC' Y,E 4 �.f .yYl�'tf. -'�tij , � � .. -.-.• ..-•L,_ �3+� e,�.n-'�•Tt .•i' :� �'*�,;y'-i µt�Y . ',•{F ., '1H'.-'y.. iN a 1, ,,w�• ^.s } NDY/ !✓�*rrL _.' I/�/e 4� �•-T+ ' a��.t - t��'. y-r,•r.}�l. ry -< .• - .- �i fQ{.i- �s' �7yIi a5`$f- £ a a✓a i a. �y W.Y� a 1 Nx•`+`.'dki'2'' f�i+r-�l'•'t�,t�w tS-. r£.l n�'... # .� a •, r - -ti� c~• -,i sn� r rhCYZ7r 'r n T - f t F 3 3• i .4 t�0 � -FF t C' r-3 .'" - t .t•/jl�t -f -Z. -r 7 i •3 ^C r'.Y'?r.� .L4x s 1 .,...3._ a t: 7,:: '�'••f�r� �i ♦ -:. - 1..Lrb ..:.. - ....-w . -- ...-. .'5.....- .. :_ ,a-..'-`:.-'.i•ti,-F /. . _ .. .:_-- c<♦'4 .^r--::'i_a:G.2CW.AR.}�A.Y-.-•.l.�.i_ ."4 i-.'� _ - Planning Commission Members City Council MQa)bers - November 10, 1986 Per the City Planning Commission meeting in June, 1986, no permit is needed for these clinics. For the City' s information, the.-. Valley Humane Society reports the- clinic gave 369 vaccinations , 158 people attended the clinic of which 76 were Senior Citizens who were given a discount. There were 35 attending from Dublin; 32 from Pleasanton; 60 from Livermore; 3 from Tracy; 26 from the Danville-San Ramon area and 3 from the Hayward-San Leandro area. The application states petitions were- signed in Dublin on the afternoon in May, 1986 by 201 area citizens showing their support of our vaccination program. We feel as a Chamber of Commerce, we too, support our local veterinarians and the Humane Society in "Keeping the Green in Dublin" . Thank you for your consideration of this matter. Sincerely yours ,- &111L�I JOAN E 3FRGERON CASTR Chairman Government/Education,-Eommunity Development Committee JBC:nf cc: Dr. Evans , Parkway Veterinary Hospital Dr. Nagel , Dublin Veterinary Hospital Dr. Roberts , All Creatures Veterinary Hospital - .. -...,..�.,.-„_..."ray: . Development Services CITY OF DUBLIN Planning Zoning 829-=-'.916 P.O. Box 2340 Building 3 Safery 829-0822 Dublin, CA 94568 EneineenngPublic 4Lor'xs 829--9211 November 26, 1986 Joanne Bergeron Castro Dublin Chamber of Commerce 7986 Amador Valley Boulevard Dublin, CA 94568 Dear Ms. Castro, The City of Dublin Planning Department is in receipt of your November 10, 1986 letter pertaining to the Conditional Use Permit request of Pet Prevent-A-Care, Inc. The Conditional Use Permit application has been filed for the proposal to operate four one-day mobile pet vaccination drives in the Village Square Shopping Center parking lot. Within your letter you correctly cite that in May, 1986, the Dublin Planning Commission approved a Conditional Use Permit application by Pet Prevent-A- Care, Inc. to operate three one day mobile pet vaccination clinics in the Pac 'N Sav parking lot, 6605 Dublin Boulevard (City File PA-86-027). Unfortunately, you incorrectly indicated in your letter that the request was subsequently denied on appeal before the Dublin City Council. while the Commission's action was appealed to the City Council, the Applicant withdrew the request prior to the item being considered by the Council. The Citv Council's action on the item was limited to noting that the request had been withdrawn (see enclosed portion of the minutes of the City Council meeting of June 9, 1986). As regards to mobile pet vaccination clinics, the most recent direction from the City Council can be found through their action in 1983 whereby, through an appeal, the Council overturned a Planning Commission denial of a Conditional Use Permit (PA 83-037) for four mobile pet clinics in the Payless/zlbertson parking lot (see enclosed portion of minutes of the City Council meeting of September 12, 1983). The Staff appreciates receiving input from the Dublin Chamber of Commerce on any matter before the Planning Commission or City Council. Staff is willing to answer any Chamber inquiries pertaining to Planning Applications, with a hope that such inquiries will be made to avoid the dissemination of incorrect _ or misleading information. On a side issue, it would be helpful for you to clearly indicate in any transmittals from your office whether the positions stated are reflective of formal actions taken by the Dublin Chamber of Commerce Board of Directors or strictly positions your voicing independently as the Chairman of the Government/Education/Community Development Committee of the Chamber. _ Ivel Should you have any questions regarding this matter, please contact me at 829-4916 at your- convenience. Sincerely, Kevin J. y Senior Planner KJG:slh Enclosures cc: PA 86-027 PA 86-117 City Council members Planning Commission Dr. Evans, -Parkway Veterinary Hospital Dr. Nagel, Dublin Veterinary Hospital Dr. Roberts, All Creatures Veterinary Hospital rT'tF S' �h'`,"' � z.'�KrvK�•���rv•,crZtw t? • _. .. ..',�;��T'.. .0.s.F���>���t.._.n,piW��r`v r CITY OF LOS ANGELES � CALIFORNIA OFFICE OF ELIAS MARTINEZ CITY CLERK CITY CLERK Room 393. CITY HALL LOS ANGELES, CA 90012 483-5705 WHEN MAKING INQUIRIES ne RELATIVE TO THIS MATTER, REFER TO RILE NO. OUA'DED CF 83-1664 TOM BRADLEY MAYOR May 9 , 1986 A Kay Keck, City Clerk P. 0. Box 2340 Dublin, CA 94568 : Dear Ms'. k'. Attached please find a complete xeroxed copy of Council File No. 83-1664 pertaining to mobile veterinary facilities. The issue was initiated by Councilman Finn on September 20 , 1983 and considered by the Planning and Environment Committee on September 27, 1983 . On October 7th the City Council adopted said Committee' s report instructing the City Planning Department, with the cooperation of the City Attorney' s Office to prepare an ordinance which would allow mobile medical facilities in certain zones . The City Attorney' s office transmitted a final ordinance dated May 1, 1985 . On August 7 , the City Council considered another Planning and Environment Committee and final ordinance. The City Council by a vote of 5-9 (Ayes 5 , Noes, 9) failed to adopted said issue. On August 8, 1985 the file was.- then place in our vault indicating that said file was now moot. Very truly yours ,_ r _ ELIAS MARTINEZ City Clerk EM: am -/ Attachments (,5 �et..7V %) AN EQUAL EMPLOYMENT OPPORTUNITY—AFFIRMATIVE ACTION EMPLOYER r. q' Au. Ell " _rj ice;,: i-r fi_,-c :.{:•:- 05. 1 S f rte.• ^hy: :: -_ -..: i..-,s.' - _ .��._ c'... __.w�� ' >���.:::G� r � �•:I.i+:r •�J*►��.. WV 7 Los Angeles City Planning Department -A Room 561 City Hall CITY PLAN CASE NO. 84-091 (CA) COUNCIL FILE NO. 83-1664 DECISION DATE: March 29, 1984 TO: City Planning Commission _ FROM: Calvin S. Hamilton Director of Planning �-- SUBJECT: AMENDMENT - PROPOSED ORDINANCE PERMITTING MOBILE VETERINARY MEDICAL FACILITIES ON A TEMPORARY BASES TABLE OF CONTENTS Page SUMMARY AND RECOMMENDATION _ 1 STAFF REPORT 2 Request 2 Discussion 2 Conclusion 4 Environmental Impact 4 APPENDIX "A" (Proposed Ordinance) Attached .r - Page 1 SUMMARY AND RECOMMENDATION In response to a Planning and Environment Committee motion, the Planning Department has prepared a- proposed ordinance (Appendix A) , which would permit, on a temporary basis, mobile veterinary medical facilities in parking areas in all of the parking and commercial zones and in most of_ the industrial zones. The Committee directed that the proposed ordinance' be referred to the City Planning Commission for public hearing and recommendation. ACTION RECOMMENDED BY THE STAFF: That the Commission - Adopt the staff report as its report on this subject. Find: 1 . In accordance with Charter Section 96.5(5) , the subject proposed. ordinance (Appendix "A") is in substantial conformance with -the purposes, intent and provisions of the General Plan in that it will facilitate the provision of some low-cost, preventive, veterinary medical services to the public, thus helping to fulfill one program of the Citywide Plan to "solicit Federal, State, County and private participation in the acquisition and development of health and protection facilities" . 2. In accordance with Charter Section 97.2(i) (a) , the subject proposed ordinance is directly related to the General Plan, specific plans or other plans being prepared by • the Piannina Department and will have a beneficial effect upon said plans in that it will provide for the provision of temporary, lose-cost, veterinary medical facilities in areas of need, 3. In accordance with Charter Section 97.2(i ) (b) , the subject proposed ordinance is in substantial conformance with the public necessity, convenience, gener-=al welfare and good zoning practice, in that it will permit the operation of low-cost veterinary medical facilities providing preventive veterinary services such as immunization , which will safeguard not only the health of pet animals, but also of humans. Approve the proposed ordinance and recommend its adoption to the itv ouncil. • s Page 2 STAFF REPORT Request- On September 27, 1983, the City Council approved a motion (Finn-Farrell) to direct the Planning Department, in cooperation with the City Attorney, to draft an ordinance which would allow mobile medical facilities in- parking areas in the industrial, commercial and parking - zones by right, provided such services are to operate no longer than one day in any month and are limited to areas in compliance with current . parking requirements. It was further moved that bloodmobiles be a permitted accessory use in all zones. On October 7, 1983, the Planning and Environment Committee approved a motion (Finn-Farrell) to direct the Planning Department, in cooperation with the City Attorney,. to draft an ordinance which would allow mobile medical (animal) facilities in required parking areas in the M (except the MR) , C, P and PB Zones by right, if such medical and preventive services are to operate no longer than one day in any month, provided such areas are in compliance with current parking requirements and ingress and egress is not blocked for emergency purposes. Discussion Apparently, for some years now, mobile medical facilities offering such diverse services as chest X-rays, blood pressure tests, immunizations and the like have proliferated as people are drawn by the low cost and convenience that these services offer. However, they have been and continue to be illegal because the Municipal Code forbids "open air" businesses and requires them to be located in a permanent structure. The Red Cross has been providing a badly needed service for many years, collecting blood in bloodmobiles, but also apparently illegally. Organizations offering such services, although technically in violation of the Municipal Code, were not generally prosecuted because they performed a =community service and did no apparent harm. However, recently one such organization which offers low-cost vaccinations against rabies and ether diseases for pets has come under fire from the veterinary medical establishment on the basis of unfair competition. This organization _will typically locate its mobile units in shopping center :- parking lots for two to three hours, three to four times a year in any one location,- usually in the evening or on weekends. These operations are now being scrutinized by the Department of Building and Safety and, in some cases, closed down with stop orders. An equally vehement group has arisen from the ranks of pet owners and health professionals - to defend these services and urge their legalization. A petition signed by 1 ,113 apparently satisfied customers of the pet vaccination service protesting the stop orders was received by a Council office recently. The City's own Department of Animal Regulation has stated that the stop orders by the Department of Building and Safety" . . .could have a ' _ deliterious effect on the epidemiological consideration regarding the disease (rabies) within the City of Los Angeles. Finally, we believe that this stop order will also impact other activities in the City, which would ► - Page 3 include the Red Cross, Heart Association and Lung Association to name just a few." The Department also praised the mobile vaccination clinic for turning over to it copies of all the vaccination certificates, . thereby • greatly enhancing their record keeping ability. However, on December 20, 1983, the General Manager of the Department of Animal Regulation indicated in a letter to the chairman of the Planning and Environment Committee that the Department was now opposed to amending the Zoning Code to permit- the mobile clinics for animals because it is "detrimental to the private veterinary sector and thus . places in jeopardy the excellent cooperative public and safety program now in place for animals." The Board of Animal Regulation Commissioners is expected to make a recommendation on this matter soon. Discussions with a spokesman for the Southern California Veterinary Medical Association indicated that the Association, in cooperation with State and local agencies, operates low-cost rabies vaccination programs for dogs (and sometimes cats) in all communities at various times. • 'This program is . mandated by the State which requires low-cost rabies vaccinations to be made available forQdogs in every community: at least once .a year. The veterinarians apparently donate their services, so that the only costs are for the mobile units, equipment and vaccine. In fact the State and County must approve the proposed charces for the vaccinations beforehand to ensure that the public is receiving the service at cost. In 1983, 7,474 immunizations were given at a charge of $3 each in Los Angeles City at 107 mobile clinics. This number was down from 1980 and 1981 when the figures were 13,013 and 11 ,792 immunizations, respectively. In 1.979 the first private mobile veterinary clinic started business in Los Angeles and cave 11 ,419 immunizations. In the years .since,- the number has ranged between 11 ,000 and 14,000 immunizations. These figures may indicate that the City clinics _have lost some business to the private clinics, but this is uncertain. It can also be argued that as many of the mobile veterinary medical facilities are profit-making businesses, 'to give them an advantage by not requiring them to locate in a permanent structures, with the attendant expense this entails, could be construed as unfair to others who have obeyed the law and operate their= business ' according to Code. Ironically, though, representatives of she mobile veterinary service point out that they refer many sick animals to local vets, thus actually increasing their business. They also :point out that most of the animals that they vaccinate probably would not have been vaccinated otherwise as their clients often do not partonize veterinarians. However, the president of the Board of Animal Regulation Commissioners, who is a veterinarian in private practice, has pointed out, in a preliminary hearing on this subject, that none of the 40 veterinarians he recently talked to at a meeting had ever, to their knowledge, had an animal referred to them by the mobile veterinary clinics. Also, apparently 20 percent of these veterinarians had been called on to treat animals suffering reactions to immunizations given them at the mobile clinics. One argument against permitting these clinics is "that the veterinarians who administer the immunizations are not available for r Page 4 • follow-up care, if it should be necessary. The same can also be said of the City-operated clinics, however. It is the feeling of the president of the Animal Regulation Commission, apparently, that the private mobile veterinary =clinics are unnecessary and would set a dangerous precedent for other businesses wishing to operate out of lower cost mobile facilities. He pointed out that there has not been a single case of rabies in a native dog (as opposed to a dog coming from elsewhere) in Los Angeles since 1959. He contends that this indicates that the City-operated clinics are doing the job. However, the State Department of Health Services has indicated that at least 50 percent of dogs in the State are not protected against rabies. The years 1980 through 1981 saw the highest incidence of rabies since 1945 in California, and not just among dogs. Apparently the greatest problem now is among cats, only 5 percent of which have been immunized against rabies. It- seems that there might be enough immunization business to go around. Both City clinics and private mobile clinics may be necessary, according to another Animal Regulation Commissioner. The subject proposed ordinance would permit mobile veterinary medical facilities to operate in parking areas in the Parking , Commercial and Industrial (except MR) Zones for a maximum of 72 hours in any month. Presumably, this would prevent them from becoming permanent businesses- in any one location. Also, they could only operate in parking Idts which are in compliance with current Code requirements and could not interfere with vehicular access or traffic flow within the lot. The Chief Zoning Administrator felt that 72 hours was a better time period than 24 hours for both the mobile human medical clinics (being prepared as a separate ordinance) and the subject clinics, because it permits greater flexibility. The provision for permitting these facilities has been included in the proposed ordinance within the "Exceptions" under Section 12.22, adjacent to the exceptions for other temporary uses such as the sale of Christmas-, trees, carnivals and rides and infrequent helicopter landings. In addition, a definition for "mobile veterninary medical facility" is proposed- - to be added to Section 12.03 , "Definitions". Conclusion J o Despite some opposition from persons in competition with such services, staff feels. that mobile veterinary medical facilities provide needed medical services at little or no cost to the public on a temporary basis and should be permitted. Environmental Impact Under Article III , Section 2(m) of the Los Angeles City CEQA Guidelines, "the adoption of ordinances that do not result in impacts on the physical environment" , are exempt from CEQA. Inasmuch as the instant proposal will not have an effect on the environment, such exemption is appropriate in this instance. An-_exemption from CEQA wa-s granted on January 3 , 1984. Lft-. M I APPENDIX A 1 �- 2 3 l PROPOSED ORDINANCE FOR DISCUSSION 4 6 An ordinance amending Sections 12.03 and 12.22 to permit mobile 7 j t. medical veterinary facilities in established parking areas in the P, P13, 8 CR, C1 , C1 .5, C2, C4, CM, M1 , M2 and M3 Zones on a temporary basis. 10 THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS 11 � FOLLOWS: 13 I 13 Section 1 . Section 12.03 of the Los Angeles Municipal Code is 14 hereby amended by adding the following definition in -proper alphabetical 15 i sequence: 10 , 17 Mobile Medical Veterinary Facility _ a unit, easily 18 i II transportable in one or more sections, which provides primarily diagnostic or preventive medical services for . animals at low cost 20 or no cost on a- temporary basis in any one location. 21 I 22 23 I 24 25 I ~ 26 27 _ 28 _ 29 R., : .. DISCUSSION DRAFT A-2 • 1 2 3 Sec. 2. A new Subdivision 14 of Subsection A of Section 12.22 of 4 the Los Angeles Municipal Code is hereby added to read: 5 6 1) 14. Mobile Veterinary * Medical Facilities and Bloodmobiles. 7 Notwithstanding any provision of this Article to the contrary, any mobile veterinary - medical facility may operate for no more 9 — ` than' 72 hours in any month in an established parking area in 10 the P, PB, CR, C1 , C1 .5, C2, Cu, CM, M1 , M2 and M3 Zones, provided the parking area meets all requirements of the 12 - iI Municipal Code and the operation of the facility does not 13 interfere with vehicular access or traffic flow within the parkin 14 g I� area. 15 ' 16 1 - i Sec. 3. The City Clerk shall certify . 17 I 18 I ` 19 20 CTY008 . 21 22 23 24 25 1 i - 28 27 28 29 e +y y r r4 w••� +Ar n y�^•�T + '� Q r s 's - ✓ f M1 V+ k x t r' .1?r�m u w� �w„ri . i::-;�.+L�C•-'M1�a��.. —,:�.-::.��+r-...y�ai.-."-a•. �—. �...•r•.« •. - �.�„-""41.�.}�3�+�3:•.. �.�.,`�'�c�W'`�' 7 '� =..-.:��. —Y-• •nom t?:.a ••3'' .7'f'�+r.�`.�:'��+:-� _t y'-�. Los Angeles City..---llll Plannin g Department Room 561 City Hall - CITY PLAN CASE NO. 84-091 (CA) COUNCIL FILE NO. 83-1664 DECISION DATE: March 29, 1984 TO: City Planning Commission -_ FROM: Calvin S. Hamilton Director of Planning �— SUBJECT: AMENDMENT - PROPOSED ORDINANCE PERMITTING MOBILE VETERINARY MEDICAL FACILITIES ON A TEMPORARY BASIS TABLE OF CONTENTS Page SUMMARY AND .RECOMMENDATION - 1 STAFF REPORT 2 Request _ 2 Discussion 2 Conclusion 4 Environmental Impact 4 APPENDIX "A" (Proposed Ordinance) Attached �. 7 ,F��r��ran a �-.s • F. •y• y tt-nirw� r-ti � .wls'�•az'*rs.-` L:^U:.t�rl.in :� F't`”-w�yi. 3 - 1�^.�.�,•*L_ ). � � •.�Y�riv�: S,a��'�`ibFsif,Ji'v. trams-;fit r;.-te,su"a•ar�':•�. ..;'". -.ti-'w� a^' *=`.`.r�z.��. r�.i•� i';yia.L.. ,.F,:�.C;.. -�•�KJ�'.. ,. •�w•�'t1Y"' r.r - •J,:a.�;•" Page 1 SUMMARY AND RECOMMENDATION The Commission, on August 30, ;1984, . directed staff to develop a ministerial' procedure by which the City could keep track of mobile veterinary clinics operating in the City. The following supplemental staff -report contains the outline of such a procedu-re. Staff still feels, however, that mobile veterinary clinics which only give immunizations and conduct diagnostic testing should be permitted by right in parking areas in the P, C and M (except MR) Zones and that additional regulation is not necessary at this time. ACTION -RECOMMENDED BY THE STAFF: That the Commission Adopt both supplemental staff reports and the staff report dated March 29, 1984 (attached), as its reports on this subject. Make the findings contained in the report, dated March 29, 1984 (attached). Approve the proposed ordinance (Appendix B) and recommend its adoption to the City Council. SECOND SUPPLEMENTAL STAFF REPORT Request On the - occasion of the public hearing on August 30, 1984, the Planning Commission directed staff to develop a procedure, preferrably ministerial, whereby the City could obtain the following information from the operators of any mobile veterinary clinic in the City:. (1) location,, dates and hours of operation of mobile clinics in the City, and (2) proof of the possession of all required licenses and permits. The Commission also requested that mobile veterinary medical clinics be required to supply to each customer the location of a licensed veterinarian who could be contacted in case of a negative reaction to an immunization. Discussion Appendix B, which is the staff's recommended proposed ordinance, has been only slightly modified since the Planning Commission considered it on August 30, 1984. The earlier version permitted "any mobile veterinary medical facility providing immunizations and diagnostic blood tests only. . . ." Appendix B permits "any mobile veterinary medical facility providing immunizations and diagnostic testing only". This change would pe-r-mit diagnostic tests other than blood tests, including, for example, 'CATSCAN tests which are often best done from mobile units, because of the high cost of the equipment. .... a-.YC;•_ -ice i'_�•.:'•.. - •':C: - �_ .� _ ~^Y" \- -il.: .♦ _...:i-. may.i::•rr Yr.,:.1•.rT-w�Ai+-r-.!�.�:sw.#;,•i .•.- •_ f - - a r, — .f - �t. •Vr T - _ft�•' Yom.:•• du _- •'�• ` �\`. � fir• •� �IVCS/:�7'! X.ZnV:-Y'.:y L. ��`.�'� .',1'T„'_. - - �1ti�1' .L_�.:C �'. ,{� i,. •:_-.j� ..:,.•• r_\'• rrt,k f.�3r a+,���•-' F F.. y .x X�•'--�+�i f+}�' �trS+� �r� r .: a�l.e_A-I Yy^tY;; r � .• 4"tir�?.,� {�' ,+y.a. � t.[\." i�a� u-} " .._ .. Page 2 Appendix A has been modified in the same way that Appendix B has, and, in addition, includes language which would create the registration procedure requested by the Planning Commission. As a part of a yearly registration procedure, the operators of mobile clinics would be required to submit copies of all required licenses from the State for the operation of the mobile units themselves and for the practice of veterinary medicine. In addition, on an on-going basis, the mobile clinic operators would be required to submit to Animal Regulation a schedule - of the location, dates and times of operation a any mobile clinics in the City at least 15 days prior to the date of operation of such clinics. . Copies of the initial registration and subsequent schedules would be submitted to the Department of Building and Safety, as that Department has the responsibility for enforcing provisions of the Planning and Zoning Code. A fee to cover the costs incurred by the Department of Animal Regulation is necessary and has been initially set at $100. In order to develop such a procedure, various City departments -were approached to determine which would be willing to undertake and would be appropriate for the registration procedure, including the City Clerk's Office, Department of Animal Regulation, City Planning Department and Department of Building and Safety. The City Clerk's Office indicated that they could not require any information other than name and address as part of the Business Tax Registration process. That Department had been advised by the City Attorney that they do not issue a permit, and therefore could not attach any requirements to the issuance of their Registration Certificate. Staff next approached the Department of Animal Regulation to determine if a' procedure could be developed whereby that Department would register mobile veterinary clinic operators in the City. That department held two meetings of its Board of Commissioners to consider undertaking the registration procedure. At its second meeting, _November 19, 1984, the Board adopted the following motion unanimously': TITe Board requests that mobile veterinary clinics operate under the Department of Animal Regulation and the clinics. pay a yearly fee of $100 30 days in advance of the first clinic and per site fee of $25. In addition, the clinics (should) file a schedule 15 days in advance with the Department of each location for the following 15 days and furthermore, that the name and telephone (number) of a licensed veterinarian located within a 5-mile radius who has agreed to provide emergency -service for 24 hours for any medical problems that arise from medical services rendered in the clinic be made available. At its -first meeting on November 5, 1984, the Board of Animal Regulation Commis=sioners had expressed several concerns. The General Manager of that Department and one of the Commissioners reiterated their concern that the operation of mobile veterinary clinics in the City would result in a decrease in- attendance at -the City-SCVMA (Southern California Veterinary Medical Association) State-mandated rabies clinics. The fear.:is .'.that --the SCVMA :may . then be .forced to withdraw_from the City pro ram if "the Y be in "to•_lose mone y ^L•1 i - •fy _ .�i � F �:4Ir •yv .c - - -n:y,:'% "'Y.��•`•` �.+s•iit.nls�":.['.:� �._ !1t`7'S� P+;�'n,r :.�X.y �. 1 Y L !::.�fir-F^.e. -.����i•Y K ✓ •lM1rri fJ.:-S'-:.. Y� >ti - � y ..p ' �I1����Y����?�4Jf..,LY:.V:wG..iY... .l\/ ..... •�P.J•9ys��� �'.Y. -- - ��"=�l•�! .fir.:�.� - 'j� - _ • { J S L } f F ss.0 . .. ... � _ _..`•.tea....- „�� .. .— _ _ .. t. Page 3 through lack of attendance. The Department of Animal Regulation is concerned that the City would then have to conduct its own rabies _clinics. If this became necessary, the Department could be forced to contract with veterinarians, mobile or fixed-base, at a cost higher than present cost, or even hire its own veterinarians at a substantially higher cost, all to comply - with the state requirements. Another fear expressed was that mobile clinic operators would not service lower income areas of the City. The City may then find itself operating clinics only in the less profitable areas which are not serviced adequately by the private ope.rators. Information supplied by "Pet Prevent-a-Care" reveals that that company has held clinics in or adjacent to most of the low-income areas of the City. The - accompanying chart (Exhibit A) list the communities in or adjacent to the City which were visited by "Pet Prevent-a-Care" in the last five years. . The Department 'of Animal Regulation is -justified in their concern, however, since there is no guarantee that private mobile clinics would adequately serve all parts of the City. It is this unknown yet potentially adverse impact on the Department's budget which is the basis of=their expressed concern. . With regard to the motion approved by the Animal Reculation Commission, staff feels that the imposition of a S25 fee for :,each clinic over and above the animal registration fee of S100 is unnecessary as -the Department of Animal Regulation would only be receiving and filing the schedules for the clinics; no additional administrative costs are necessitated for the individual clinics. The cost of administration is with the initial registration and the review of documents. Furthermore, S25 per clinic can quickly add up to exorbitant costs, far beyond any justified administrative costs. For instance, 100 clinics, not an excessive number, would cost $2,500 for a company. If the Commission approves a registration procedure, staff agrees with a 5100 yearly fee, but not with a per clinic fee. Fees can always be increased in the future if costs should so justify. With regard to the provision to the customer of the name of a veterinarian to be contacted in case of an adverse reaction, staff feels this is unnecessary and may even be undesirable. The City clinics have never felt this to be necessary in the ,-past. It could lead to -favoritism, and perhaps other legal problems. The City Attorney's Office has indicated that this would be tantamount to interferring with the practice of veterinary medicine, which is pre-empted by the State. Liability is another question. Who is liable if a visit to a recommended or listed local veterinarian results in the animal's death, or if the : veterinarian cannot be .reached and the animal dies? Is the . mobile clinic operator liable for listing or• recommending that veterinarian? This question may cause mobile clinic operators to be reluctant to provide listings of local veterinarians. >. Page 4 Presently, both fixed-base vets and mobile vets who conduct clinics provide daytime phone numbers which can be called for assistance. For after-hours service, most 'people use their yellow pages for a 24-hour animal hospital in the most convenient location in relation to their residence. Staff feels this availability (yellow pages) is so universal that there* is no justification or reason to get involved with the above-mentioned issues. Two other departments which might be good candidates for overseeing a ministerial procedure are Building and Safety and City Planning. The Department of Building- and Safety has experience processing ministerial applications, and has_ the necessary infrastructure, public counter, cashier,' etc. , as does the Planning Department. In addition, Building and Safety enforces the Zoning Code, and as such will enforce his ordinance. It may be appropriate for them to also accept the applications in accordance with the ordinance. City Planning would also be appropriate since this is primarily a land use issue, and that Department is experienced in judging land use issues. Another benefit offered by the Planning Department is cost; staff sees no difficulty at this time in performing the registration procedure for- "the proposed- cost of $100, whereas apparently the Department of Animal Regulation feels it would be unable to keep the cost down to this figure. Conclusion Staff feels that the proposed registration procedure is workable, but unnecessary. The practice of veterinary medicine is well regulated by the State, and in fact the State Board of Veterinary Examiners recently decided not to recommend any: changes in the regulations relating to mobile veterinary clinics (see Supplemental Staff Report, dated August 30, 1984) . Staff, therefore, recommends the adoption of Appendix B, as originally proposed. However, if the Planning Commission still desires to set up a registration procedure, it is recommended that the Department of City Planning or the Department of Building and Safety be chosen to oversee the procedure. Staff feels that burdening the Department of Animal Regulation with such a procedure may be unfair when that department has continually reiterated its opposition to any procedure which permits mobile veterianary clinics to operate in the City, and feels that such a procedure may in fact have an adverse impact on their department. This ordinance- involves land use issues more than animal issues, in any case, and so it may be more appropriate for the Planning Department or Building and Safety to undertake its implementation. ..... -::fir.�:•^Y�.J_- _+ __ � '__ -- _ _ '�-s:J�, •lam —� .. _ _ •. .. . F'�;t:,. •t) .y<.r. A^...4� ..12'S�`"Lc`r�:�.o�_.�'=2`Yt-._�__,::�.-_-...�. F. -.t..y'S' �.�_�___ ._ _ • .-1^ _ PUBLIC HEARING ". - -` - SUBJECT: PA 86-015 Rental/World/Cal-Gas Conditional Us Permit and Site < ''= velo ment eview fora propane as s rage to at 6457 Dublin Court. Mr. Tong said after the 'previ Planning _Commission meeting the Applicant had ,requested furt r consideration of their request...:: for one 18-foot propane ga stora e tank by the Planning' Commission and, as a res Staff e-noticed the public hearing. Mr. Tong advised that s ' ce that tim a letter had been received from the Cal-Gas reps entative, with awing their request for.: - . the public hearing. e stated that the ction taken at the Planning Commissio meeting of pri1 21 , 6, would stand. SUBJECT: '""'=`-'�—:;r-r----.�:_,;.,.. - PA��8 -027 Pet Prevent-A-Care Conditional Use_Permit f-er mobile pet-clinics.-4` Cm. Mack reviewed the format used for public hearings, and opened the pubiic hearing. Ms. O'Halloran said that over the past six years several clinics similar to the proposal had been held successfully and had not generated any complaints. She said that local veterinarians had voiced some objections to these clinics in the past on the basis that the mobile clinics are permitted unfair business advantages to those holding the clinics. However, Ms. O'Halloran advised that the City Council has encouraged operation of the clinics. She- said that Staff was recommending approval, subject to the 14 Conditions outlined in Exhibit B of the Staff Report. Randy Morrison, Applicant, said he was in agreement with the Staff Report as it was written. Gene Nagle said he has operated a Veterinarian Hospital in Dublin since 1971 and had no objections to the concept of low-cost clinics, but that he felt they should be 'held -within a structure such as the one in which he must hold his practice. Dr. Nagle- said his concern is that the community does not benefit financially from the clinics, and that there are low-cost clinics already available, such as the rabies clinic provided by the County. T Eric Young, representative of Pet Prevent -Care, gave a history of the organization and responded to Dr. -Nacle' s statements_ He reviewed some examples of the opposition his organiiation has received from veterinarian businesses,- and said that because of this opposition, the District Manager for the Cemco Stores has- asked- that clinics not be held at the Dublin Store. Regular Meeting PCM-6-52 yMay�51986 � �`��u>~ {s 3X fir IX�r 1 S ' ,etr ,+rtt• v t. '!- 3!►ra.�_=_'_T: -ate v`...,...r�- — �. v� ..� ' -t vt�.�4in�.:'h wf .+i��_y ,,r }� �y..s}SY.'t•_°i;:f.Y•:"nom~..-I-'_ _ }:SAY+ i5, °.,?n tw:,�r ems j .'`'':=�'+a�•i'g•• °r}fi��- 3., i,. :�r' ' +�'.�,'!'F';-q t•�:,,5, ..tayv,,,,, �i- a±:a r . �• as:�i�•r K.4a*f r ..�. �' tT ' -}L:Y£r? csi ' c:�?y�?:f .•�i;• �1.. riy ,K av�hW.��� = ti� _ _ �J�yc� l�.-� YY.-_-:�. '•' - Ca.r,) tsar Cry f 4, y Y' N'• r i r t y. •..- ' •.-al•r'`'1{1�...yA i 1 j-?x _�f�;L':'F�t � i,- 7. �! _ .t.+�_-..- �. . aC: :l4(..'1..,1,}•�•�_ 9 � .�"r f.i'=•' �r:l'+- t -T: �• _ _%.Y�� .._. .:� .�.:__�•i5 .Lr.:'.�tif�_ ' .»'aJr':G. 't.,u ':Si•'.•,-..:r-S '�:a:^^ ^tif"''i tt 2: _ ��,.:� y _b ac. __ y ar.Y L• �•r - r� :..L...}u ;i-'_ _F` r-,_•„_. [!.'' 7f' - .. :''•�! 'e- -,>..Y„ r^. '�•t.r_...•rt:. - >,. +�• ..y' j• _ • _- (.�'n`-• ^:�;.••^.r r- •u?'. .y. „�y1�,..�1•.�r•�._ .._ _�2 gam!� _ i•L,Y - �/ .G S;�L, f -.L. .•Y:i��•�vis:t � - S- Q :S '.CJ/� •�°. i�. � �-_Z`•Y_ 5:ta. :�-. �S.'....� .]. ,.,_.-.ti�. 7y, � �/j//�_j,/,,''_y"' 'rte^+ ,h9 Y..r.'�<��`�.�. . .;+!y�f'%� ,..fr o��'"•, x.',�yy"` •.cE:- •r_,a;�� ,.,.,'� _cr:-a��zL:-.rrr_. Y•.;•"C'r�' :T•�-ti:.. ";#r:`�.:_: , r t T r .�• I. - qN '�V'c.na.�_•Ly � �_ � �±.'�".' -5 I+3'+'�.l'f wrc r n :r swh3. •' � �J. � v u J'i'%-r`j? '°�..'rK--�-_ '�ri f��' r'3 S�.,�-x,��_S„Y°'*s� a�''j-,.l� i r _ _�Tom.. '-"•'�,.�..r�zyr»�-S 2 � _ s F i.•r .z�_T' t Dr. William Evans, Parkway Veterinary Hospital, said his concerns did not necessarily address the funds taken away *from;_'private ;. ' businesses in the City, and that private businesses- are -not subject to sales taxes. He stated that his concern"was .that if this type of business is authorized,. other mobile clinics or services may be authorized as well,. such as mobile- dental clinics, and that the community derives no source of income or financial benefit from the mobile clinics. Dr. Evans said the local veterinarians operate an emergency clinic. Dr. Evans said that ,they are working with the S.P.C.A. to offer additional discounted services to pet owners. - .He advised that vaccinations are available at $10 for dogs or cats -through the Danville Veterinary Hospital and Amador Valley Hospital in Pleasanton, and that the -County offers a low-cost clinic at the Fair Grounds in June. In response to a question raised by Cm. Raley, Dr. Evans indicated that for distemper vaccinations, a physical examination, /a tag, and a receipt he charges $21 for adult cats, and $22 for, 'adult dogs ; he said he charges $17 for the rabies vaccination only. ' Mr. Young said the Pet Prevent-A-Care clinics offer °rabies vaccinations at $3.95 and the 6 plus 1 shots at $7.50, for a total of $11 . 45 for everything for the dogs, and $9.50 for everything for the cats except the feline lukemia shots, which cost $10.00 each. Mr. Evans said the Alameda Countv Public Health Department offers a yearly clinic at either $3.00 or $3 .50 per rabies -vaccination, which is mandated by State law. Joanne Bergeron Castro, Dublin Chamber o-f Commerce, spoke on behalf of local veterinarians. She distributed a copy of a letter .sent to the veterinarians on April 14, 1 986', --and said that a letter had also been sent to the Mavor, indicating the Chamber' s support of the veterinarians ' opposition to mobile pet clinics. Mr. Morrison stated that each year in the City of Dublin when the permits have been applied for, local veterinarians indicate that they can provide the same services as the mobile clinics at low rates , but that they have not done so. He said he thought it was. important to examine the services offered the community more than the impact to local veterinarians. i -T Dr. Evans said that an attempt, in conjunction_ with -the S.P.C.A. , is being made to organize low cost clinics, but this is still in the preliminary stage. He corvmended the City for requiring that physical examinations be made at the time the vaccinations are given. On motion by Cm. Raley, -and seconded by Cm. Barnes, and .by a unanimous voice vote, the public hearing was closed. Regular Meeting PCM-6-53 };"Ma Y 86 - 5 19 Y , 4- fe"s.'r �-c�.-f• s 1t, fi • _. -'1 •r,-Syr:.-1"`.y.. _ 3 +' R' h W 4 X r s: �fJ � ry�--y; Yr`'��.ti'?,;�(.t�3F;r^t-Cs�>u_ - ' '-: -a`.r:�d:'�'r.•�"F`t .z. r � },�—;:;-�;�' Q�=1.%*:``t:cT".:_• .. � {•-� f ' :�.f'I,�"-3+1'F I,.0 s f _ - Y��.: . e�t;y.� _r •�'t•_7t V- !�'Y•.:s,r - A r"'3.';a'Lyy�l•'S�'at��si r.ws`'a�e� sc _ .'.�l:�o'�+' r- ':- � Baal.� t tf,� y.4.�i •1 l�:y�•�-yQ��lsY.I' ` � ! t . In response to a question from Cm. Petty, Mr. Young said all of the clinic' s staff members are trained to spot physical problems, and when they do, although they do not diagnose the problem, they urge the pet owners to take their animals to a veterinarian for diagnosis and treatment. Cm. Petty, Cm. Barnes and Cm. Burnham• indicated their support -of the clinics. Cm.. Raley said he thought the same consideration- should be given to veterinarians as to other local businesses, and because' the veterinarians are not in support of the clinics, they should not be authorized. He stated that in the case of the Marg-ett Art and Craft Fairs, the local merchants supported the Fairs, and so he supported them. He stated his opposition to the clinics. - Crri. Mack also opposed the clinics and said she thought it would be more appropriate to hold them within enclosed buildings. r on motion by •Cm. Barnes, and seconded by Cm. Petty, and with a majority vote, a Resolution was approved for PA 86-027 Pet Prevent-A-Care Conditional Use Permit—for three mobile pet_ clinics -in the Pac 'n •Save parking lot. Cm. Raley and Cm. - Mack voted in- opposition to the motion. RESOLUTION NO. 86-022 A RESOLUTION OF THE PLANNING COMMISSION _ OF THE CITY OF DUBLIN APPROVING PA 86-027 PET PREVENT-A-CARE CONDITIONAL USE PERMIT FOR THREE MOBILE PET CLINICS IN T= PAC 'N SAVE PARKING LOT, 6605 DUBLIN BOULEVARD SUBJECT: VA 86-028 Amador La}Ces Auartments - O -Site "For Rent' Directional Signs ' con Use Permit (extension of PA 8X_,7-012 and P'A 85-054) to allow the cont in ed use/of two Off-Site "For Rent" Direct/ al /Signs for the Amador Lakes Condominium' 'ADartment Complex. Cm. Mack opened the public hearin5 r. Gailey reviewed the history of the current Off-Site "For scent" Directional Signs, and summarized the reasons presentedby\the Aoalicant for - justification of the continued use of the\ signs. Mr. Gai ley referred to the chart supp ied as Attachment T4 of the fitaff Report dated May 5, 1986, nd said that th� turnover rate of units in the project for the P_mador Lakes Co. plex was within the average range seen for omparable projects. 'e advised that Staff recommends the anning Commission adopt Resolution denying the Condition 1 Use Permit request to .al ow continued use of two exisiting Off-Site "For-Rent" Directional igns. Regular Meeting PCM-6-54 May 5, 1986 -T w 4. - .. ♦--- 'fir::. :;si{`.;,iF ='t.t. ^`;i�t':•e'dK,I'�,+;";�'4• !';�;;.. t:. -. _ zi^'�i"!�' --1?'.�,_.� _ - - � . '•5 'L~ •`.fit.'.. _ •'.A. '�.. ••1 .is� f'• w�I ••�� .+.:. aye: �4~' � �7. lz-S5 ,` ' After discussion, Staff was direct .checkwith the -County to determine if any traffic studies have been d with respect to signalizing these intersections and if not, r st Chris Kinzel to look at the need for ' .signals at both intersec s . iPr B IC-HEARING;T,.,:.,• .;, %P ,,MEDICAL SERVICE,.APPEAL On August 15 , 1983 , the Planning Commission reviewed an application submitted by Pet Medical Service to conduct a series of 4 low cost pet vaccination clinics in the Payless Drug Store parking lot. Their rec_uest was for a conditional use permit. The Planning Commission at that time voted on a ' motion to approve the application, but .that motion failed on a 2-3 vote. The application was denied because the application failed to receive a favorable recommendation from the Planning Commission. The issues that were raised at the Planning Commission meeting regarding this application were: 1) the frequency of the clinics and 2) the need to support local businesses . In terms of the frequency of the clinics, the applicant proposes 4 clinics between September 1983 and March 1984 . The Planning Commission expressed concern that this was too many clinics in such a short timeframe. The second concern regarding support?nc local businesses . A representative of a local veterinarian commented that local veterinarian support local- schools, businesses and community activities and teat they are subject to local taxes and restrictions . He,' at that time, suggested that the applicant be subject to either higher taxes or hicher fees . The Planning Commission indicated that they were concerned abort supoortinc local businesses and took that into consideration in their deliberations . Staff recommended that the City Council approve the appeal and approve the application subject to the drafted conditions o= aooroval. Staff :felt that the low cost clinics would encourage individuals in the cormunity .to vaccinate their pets and thereby reduce the potential for rabies . Staff further felt -that the frequency of the clinics seemed to be reasonable and that the clinics would not conflict with supporting local businesses . Mayor Snyder opened the public hearing. David McClun from Pet Medical Service addressed the Council and stated he felt the service they are offering was explained well by Mr. Tong: Mr. McClun requested that, if the application is approved, the P!;E ning Staff and applicant would agree on the dates of the clinic. The Council indicated that it concurred. Dr . Evans from the Parkway Veterinarian Clinic expressed feeling that this was unfair support for the price of a conditional use permit. They pay $25, conduct their business, then leave. Dr. Evans objected to this as he supports this town, he supports employees in this town, and suauorts the community. He supports an emergency clinic to offer after hours emergency care, and also if there are problems with reactions to a vaccination on the part of an animal, after Dr . McClun has left town- CM-2-151 - 'Regular:,Meeting : -=Sept ember`4:12y` x.983 '�@�'aVivj�i• ATTACHMENT . /D t�i�d:��s,1Trl�.i3:n ._.. .. �G•M•.F .1!-_,',.�i',l'.c:ii_ ..rr-.' i �. �� ... �(/���'�a!/�"cI • s } w f Cm. Hegarty questioned the frequency of the proposed clinics . The fee schedule was discussed. : Cm. Burton questioned the possiblity of coordinating- the clinics and licensing. The Council asked that Staff contact the County to determine whether or not the County would provide a licensing table or mail-in license forms in the City at such clinics, and whether or not the County could_ provide a handout at the clinics which would at least give pet owners information with respect to the cost of a license and how and where to obtain animal licenses . Dr. McClun was requested to provide the City with statistics related to the place of residence of those people utlizirg this service . On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 45-83 APPROVING APPEAL OF THE PLANNING COi•L%IISSION DECISION AND APPROVING PA 83-037 - PET MEDICAL SERVICE. CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE CONDUCT OF 4 LOW COST PET VACCINATION CLINICS PUBLIC HEARING HERITAGE COMMONS APPEAL Mr. Dennis Neeley of Neeley/Lofrano, Inc . , ecue-sted a determination of whether a proposed modification to the Her Cage Cenu-�ons Planned Development is minor or not . Mr. Neeley, representi the property owners , Heritage Common Joint Venture, requested a find- that t^e proposed :codification be considered minor . Heritage Commons was approved as a anned Development, 1497th Zoning Unit, by Alameda County` in November, 198" . - The project involved a total of 09 condominium units on a 22 acre site, south of Amador Valley Bouleva at Staceccach Road. The overall aonroved mix of 309 units was : No. M Units Size in sq. �ft. 8 (3 ) Studi 440 7 ( 2 ) 1 Be oom 858 247 ( 80 ) 2 B, room 850-1400 47 ( 15 ) 3 edroom 1400-1590 General Provision of the Planned Development authorized construction in phases with prior pproval of the Planning Director. Phase I of Heritage Commons was appr ed in the fall of 1982 , with the following mix of. 79 units : a CM-2-152 Regular Mee ing September 1 2, 1983 V . valley humane society A Chapter of Pecs and Pals. Inc. December 1, 1986 To: Dublin Planning Commission From: Vicky Crosetti; President Valley Humane Society-- In Dublin's Planning Commission's Resolution #86 to be considered December 1, 1986, it is stated under subsection "a" that the Planning Commission finds that Pet Prevent-A-Care should be granted a conditional use permit because: "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 a public agency." The Valley Humane Society does, in fact, provide this service. The V.H.S. provides it, and other services, to the City of Dublin, year round. The Valley Humane Society was established in the Tri-Valley Area in May, 1985. The Society has 80+ members and 13 participating veterinarians. We held our first low cost vaccination clinic October 4, 1986 at Parkway Veterinary Hospital, 6851 Village Parkway, Dublin. Parkway Hospital is-owned by Dr. William Evans who donated the use of his building to the Humane Society, thereby eliminating the need for us.; to obtain city use permits. Figures for attendance at this clinic, geographical breakd-own of'attendees, type and number of vaccinations given are attached. We have scheduled four more such clinics for 1987: - - January 17 Pleasanton April Dublin _ July 12 San Ramon October 17 Dublin. All of these clinics will be held inside existing veterinary hospitals. At our clinics, staffed by volunteers, the following procedures are followed and services provided: a All vaccinations are administered by California State Licensed Animal H th Technicians (A.H.T.). m Any problem(s) noted by the A.H.T. in a pre-vaccination examination is .. _ immediately referred to the on-premise veterinarian who then examines the - animal and gives a written recommendation to the pet owner to see a regular veterinarian, if warranted (form attached). - P.O.BOX 9001-220 PLEA&ANMN.CA 94566 HMLII L - _ f. f • Appropriate city/county license forms'--are given to the pet owner when a dog receives a rabies vaccination. • All attendees are given a sheet outlining possible vaccine reactions, listing local Emergency Veterinary Hospital phone numbers, and explaining the need for rabies vaccination in cats as well as dogs (copy attached). • Attendees with unaltered animals are given a handout, "The Dollars and Cents of Spaying and Neutering (copy attachedY 0 , Cat carriers and dog leashes are provided to those pet owners not having them. • . Traffic direction is handled by several volunteers who also talk to waiting owners about responsible pet ownership and the need for spay/neuter and licensing. _ **• A 33 1/3% discount on vaccinations is given to pet owners over the age of 60. As you can see from the attached attendance breakdown, almost half the attendees at our last clinic fell into this category. • Reminder postcards will be mailed out to attendees to let them know when annual boosters are due. Our vaccination clinics would not be possible without the support of local veterinarians. These are the same veterinarians who helped the Valley Humane Society become a viable organization. They provide services to us, our foster animals, and animals adopted through US. Many of the stray animals. coming to us, incidentally, come off the streets of Dublin. With Dublin having so few hours of animal control services provided weekly, we at Valley Humane are frequently called to pick up a stray, help find a lost pet, or provide housing for a stray or injured animal. The vaccination clinics we plan will be our major fundraisers for the year. The monies brought in by these clinics will be reinvested in the communities we .service. Valley Humane patronizes not only the local veterinarians, but also boarding kennels, pet stores, grocery.stores, and newspapers. _ We are members of the Chamber of Commerce, provide educational programs at pre schools and service organizations like Lions, and participate in Dublin's St. Patrick's Day.cerebration. - In addition, I represent the Tri-Valley Area on the County Animal Control Advisory Task Force which is planning the new shelter to be built in the near future to replace the Santa Rita facility. In short, we support Dublin and other Tri-Valley communities. The Valley Humane Society is asking the Dublin Planning Commission to make a choice to support your local Humane Society instead of an outside street vendor.- There can be no questions that our vaccination clinics are in compliance with local"ordinances; they are held indoors. The Valley . Humane Society, local veterinarians, and local merchants will appreciate your support.of the V.H.S. - " •:..'.ft's: ;+X�,,`�' _ — .. s. _..�.._... _.:_i.iT_ f\, `�,^C ',t I y�4g'rol'y..". � b I,ts+�'Yia.':•..,a: ,'�� - �°a3L4 20�'• :,tt` �At�'�•W u hsa P yr Y' H7 sit '& sS L4 .. ._, Y>�i:.-'s r t�4.;. �t�s :.r 7" 1 ,'x' �, �S(•, . - { I � 4� vl kLL '1; srtt ♦ � �J I.. r(,. 'fix ✓ err r-.s �,1.1, f j �e;1�a r�,f ''`bx,� • r S, t 'Y y�{S�y i..��;wv,.r.w-.���r�� ;rte• .t t. +,�� f dR�4 r �,ys��` .. T"9 v r"!v�� �ti 1,a�L iUr+)�•t;> `�. .n. `�,s�.'�,�r 't• 4"`r't,,R!'" �' -P4�#�'!4. S �y,'�>' 7 -lA�"Yy„ih �,;.` �•q. 'it<�4a 1r I d 1 t .r.: a-r re� a w �°y7'n`�.3rfx`'ta._�>F(PJt-" rt k��aT•�' 0�- .evc-.'o ,'t4C"a t,. ;)'j x• r .. ' r��,. .-rte ;-•.� 4b' n�e>�..iJ'x"°atvy�_ Y';mss. >�` }41 t ��alley r..•'rrC.1} c x 5 AM Chapter of � � LFPets and Pals In ■u:.'�ryL i a Z }s`dSi�`zyJ �,-t.S�r£n. _- .t V � I T wit'♦ rxG X'{.!` �,_r_ < � b ils J Y2t_. f3�a MISSION: To educate the community on the need.for responsible pet ownership, including the spaying and neutering of, dogs `and 'cats,-and to assist'id"the placement of abandoned/stray and injured animals.' -.,:','! - ACTIVITIES: Y 1. Develop educational programs 2. Rescue abandoned animals 3. Sponsor foster homes- 4. Place unwanted pets in suitable homes • . 5. Sponsor/support humane legistlation - .6. Assist other community organizations _ 7. Give lectures/demonstrations 8. Acquire and maintain an animal shelter 9. Conduct fundraisers BACKGROUND: -The Valley Humane Society, a non-profit -organization,`is a-chapter of Pets & Pals, Inc. Our parent organization; is a statewide organization which was formed in 1947. Our chapter was established in May 1985. The Valley Humane Society supports animal welfare in °the cities of Pleasanton, Dublin and Livermore, as well as areas generally surrounding these cities.' - - - - - i - .•L,C x.41 .. . MEMBERSHIP: -,F 75+ members 7 _� .• I n i .AY '1 , S MEETINGS- The third Tuesday of each month A ° i�j General public meeting held annually ty � ti. 1 y iF,y 4 �-4;,.��ray a��> yam- .-' >> !•'r�qv .�,7� ' � 't r t t c i''i��;v.J �r�r'l' `�'` a_ *��y,. '_'I' •,�� -�sa � +���' /fit d ji�.•i dt 7'> ��. • .� Box;9( �1-22� Pleasanton, CAA 94566 x ` txr r {fix•' v rl�b�j��'C�e • - a `: k{-_�N'� 7 ���-`'•rX�n,,{�•r° >rS++s`�i4 n"'� �' T`" &Y ur ,iT�` S 'A'v •ir. r " s s s yrFy e > x �F x to Mrx71, r } �'. � T„PM{, "�,•rF,F"�nt v .. F W3 L.:or i r++.rcyr,f' ,, ��C.t��d"b�•�."�.ri J' ��a -1+��Fi r << a � v t r,+c•:. I t �5��,�r�,y ' ,�*-m.'/ � t r sc t r \ t .tr + � ? x I F Z t.>�0.'�Y H{ A}'•5 LS, i}y,Y �M l,{+r� ? •�.d.ft ' .t r wr ,�.yet,ayY X t rs f- k'`•SL-`mss t `�: a +•t.5v .-.aN to a v ! vJy v wt fi , A •r s , � f i� !'N - sr3±r�` r t r:�.t k sr'd{•t.1 S.,t.4�}�a C]r"3•,�`�'-"♦?.a>i.`�Yr w�'t"5''•''�{#tL R.s°e u¢"j}•t Y-^.s;h,s'y k it 1,..'�t+hYF r i"t r'a"f-4'—^],-t,=„a"7`!y��r3:`4...?aJ.r!�.+',r/�,'w��'s e�es�tc7 i y'te tt<*i•h t:ti.V- -'Y , t;t+.•fP FS",1 a�,•{>t,�.i v ya�-��x'Kfl'v,,r•my`,`td4Y Y,F+3.`-f rx ct 5.r p c3�«?1 r•i F-�k.>c 1�''>5-�'x;Rt r..t a>`4 7,y) a j+t ' +C'{•toYy x(•*f i,C i t xs J u }x 4"', s e rss{ r 7 's 101 ' �iSi�Rlf K '. .. �—, 'z:• . ycl f ; ..:. a � ,:cv�Y-S •.• . .. _ ..... _.'. _'. •. •.. _ > � ��srt.+1""!�R°:.Y]�i'�'>��'sk ��'>�"-i'I'hb':�:_� �t i�S' BOARD OF DIRECTORS: 9 members; four being officers Elected for a one year term President: Vicky Crosetti Vicky is a California licensed Animal Health Technician. She is employed by the Alameda County Pet Emergency Clinic where she is Head Technician. Prior to .moving to California, Vicky was co-chairperson of the adoption committee for the Williamson County Humane Society (Franklin, Tennessee). Vice President: Arlene Kingsley Arlene has been working with animals for 12 years. She is employed as a veterinary assistant'at Adobe Pet Hospital in Livermore. Treasurer: Nancy McKinley Nancy is employed as a programmer/analyst for Chevron Corporation in San Ramon. Secretary: Pam Will Pam is employed by Xerox Corporation in Fremont as a marketing manager. Membership Director: Lin Tobin _ Lin is in charge of soliciting memberships. She is employed as Assistant Editor for Retriever International Magazine. Public Relations Director: Barbara Anderson Barbara, an Executive Secretary, is is charge of all publicity. General Director: Linda Bendel- Linda completes the Boa_rd of Directors and assists other functions by performing detailed duties. Linda is currently in charge of the program to bring pets and senior citizens together at Valley Senior Citizen Centers. Advisors: Dr. William Robert Evans and Dr. Peggy Roberts . Dr. Evans, veterinarian at Parkway Veterinary Hospital in Dublin, works with the Valley Humane Society as medical and technical advisor. Dr. Roberts, veterinarian at All Creatures Veterinary Hospital in Dublin, also acts as medical and technical advisor-for the Valley Humane Society. ,yet :.•�. _— _. .092086 i i valley humane society A Chapter of Pecs and Pals..Inc. 'Talley Humane Society Vaccination Clinic,October 4, 1986 (first such clinic; Location : Parkway Veterinary Hospital,Dublin Time : 2p.m.- 5p.m. Personnel: Two teams of two technicians taccin2ting, eight volunteers ner- forming a variety of functions,veterinarian on premise(Dr.Cam Dlbell) . Total vaccinations given: 369; 103 Dl-=P, 99 FCR, 167 Rabies _ Prices: 36 per vaccination,34 for persons over 60; 76 senior citizens att?nded, Advertising: 'Talley Times,Herald,KKl1idir-ect mail to members and other Valley organizations,flyers,'also "free" articles in papers including Pathways. Attendance breakdown by city: Dublin 35,gleasanton 32,Livermore o'O,Tracy- :, San Ramon/Danville 26, San Leandro/Hayward 3. Total: 158. Breakdown of attendees by veterinarian named as their regular vet: Have no regular vet: 70. These people were given a list of our 12 partici- pating veterinarians and told that any pet should be seen by a vet for a full scale physical exam at least annually. Any person with an unaltered animal was told verbally about the need for spay/neuter and given our flyer on the same. Regular vet: Evans 21 ,Fullmer 6, Stannard 6, Young 12, Gardner 4, Bird 8, Plone 6, Black 7, Nagle 4, Connelly 2, Kr-.ome 2, Roberts 2, Powers 1 , Kelsey 1 , Scaarg 1 , M cClan 1 , Holt 1 , San Leandro/Hayward vet - 3. Star(*) over vet ' s name indicates that we are not sure where this vet practices but the person listing them as a re Pinar vet lives in the `,Talley area. Referrals for medical rroblems:One pet was referred to the regular vet for an existing health problem,diagnosed _ by the attending veterinarian. Other referrals: In addition to those owners advised to alter their pets,the technicians in attendance told about thirty percent of the attending owners. that they should consult a vet regarding the possible need for dentals and about twenty percent to consult their regular vet for management of obesity. Report prepared by Vicky Crosett . P.O.BOX 9001-220 PLEASANMM CA 94566 r S S - = valley humane society A Chapter of - Pets and Pais. Inc. LOW COST VACCINATION CLINIC Your pet has just been vaccinated at the Valley Humane Society Vaccination Clinic. Please be aware that sometimes after vaccination, animals, especially young ones, may appear a little sleepy or unwilling to play or eat for up to 24 hours following vaccination. If your animal received a rabies vaccination, it may favor one of its rear legs for a day or two or exhibit some tender- ness in that area. All of these reactions are possible and you should not worry. However, if your animal exhibits other symptoms like swelling, intense and prolonged itching, or high fever (normal for cats & dogs is 101 to 102° F) you should have the animal seen by your regular veterinarian or at an Emergency Veterinary Clinic. Emergency clinic phone numbers are: • Dublin 828-0654 . San Leandro 352-6080 • Fremont 656-0672 . Concord 798-2900 Please note: If a puppy or kitten (under 6 months) was vaccinated today for canine parvo/distemper or feline distemper, THIS IS ONLY ONE OF A SERIES OF VACCINATIONS YOUR PET NEEDS FOR FULL PROTECTION! ! One vacci- nation will not. protect it against these diseases. These vaccinations must be given on. a schedule or you will lose the benefit from this vaccination. Call your regular veterinarian for more information. The State of California requires that dogs be vaccinated for rabies at four months of age , then again at one year of age, and then every three years afterward. You cannot license your dog without a rabies vaccination certificate and the law requires that you license your dog. The state does not require rabies vaccinations for cats. However, we highly recommend rabies vaccinations for cats because they often come in contact with wildcats, raccons, skunks, and possums. Cats exposed to a rabid animal and not vaccinated must be quarantined for six months or euthanized. PLEASE REMEMBER-THAT STERILIZATION (SPAY/NEUTER) OF YOUR PET SHOULD BE DONE AT SIX MONTHS OF AGE. Cats and dogs begin to become--sexually mature at this age and will produce unwanted litters. A few facts: during the spring/summer/fall "kitten season," 30,000 kittens are born daily in the U.S. and 17,000 are put to sleep daily; cats can become pregnant again just 2-3 weeks after delivering a litter even though they are nursing kittens. Thank you for supporting the Vall-ey Humane Society (a Chapter of.Pets & Pals, Inc.) by attending our vaccination clinic. Please look for- future - clinics. PO.86X 900!-210 _ PLEASANTON- CA 94566 - > 7. - j TH E VALLEY H U MAN ESOCI ETY IS SPONSORING A LOW COST CAT &- DOG VACCINATION CLINIC ,, SATURDAY, OCTOBER 4th Q 2:00 p.m. to 5:00 p.m. Parkway Veterinary Hospital _ 6851 Village Parkway `s r - `� - Dublin (Veterinarian on premises) - VACCINATIONS $6.00 (CASH ONLY) FOR OWNERS OVER 60 - $4.00 Canine distemper/parvo (DHLPP) Feline distemper/upper respiratory(FCR) Canine or Feline rabies A CHAPTER OF PETS & PALS, INC. P. O. BOX 9001-220, PLEASANTON, CA 94566 (D d a s. l THE DOLLARS AND CENTS OF SPAYING. AND NEUTERING "You just have to help me. I 'm stuck with a litter of puppies/kittens , .and I can' t find homes for them. . I 'm going crazy. ". This refrain comprises at least one third of the calls taken by the Valley Humane Society. When asked why their adult animal was not altered , most people reply, "I couldn' t afford it ." When asked if altering is planned , the reply is usually, "..As soon as I have the money." Alright, we agree that altering your animal costs money: perhaps :up to $100. 00 for a very large female dog . However, ;the cost of not altering can be several times that amount . What if your an=imal has birthing difficult- ies? Are you going to watch her die? No, you going to go to a vet and get shots to help her delivery ( $12-$15 each) , or you spend $200-$300, for a C-section , or to remove a retained puppy or kitten . Maybe your animal is weak and dies in surgery. Then, you' re stuck with a litter you either euthanize or you bottle-feed around the clock every three hours for three weeks. Mother' s milk replacer is about $1. 50 for a five-ounce can. If she delivers with no problems , a nursing mother requires one and half times as much food, or ideally a higher-quality (more expensive) _ food . Then , at four to five weeks you have to buy for the litter , and feed them until placement. But wait, two or three weeks after delivery' the mother may develop- eclampsia (or milk fever) caused by _low calcium levels due to nursing . Back to the vet, -spend over $100. 00. Can' t put the kids back to - nursing on Mom, so oy u're bottle-feeding the litter . Perhaps Mom never develops any problems , but you didn' t know she was- going to breed , so you didn' t have her wormed or vaccinated prior to delivery. She' s passing those worms on to her litter, which could be fatal to. them, and they have no maternal antibodies against canine parvo or distemper, or the feline upper respiratory diseases . Back to the vet ( $$$ ) , or perhaps you and your children watch the litter die in' spite of the vet ' s best efforts . Even if your female animal never breeds , due to the fact that you either exercise extreme control during heat cycles , or you board her ( $5-S9 per day) every cycle , she` can still develop uterine infections like met- ritis or pyometra (pus in the uterus , requiring an emergency hysterectomy) , or mammary tumors . Do you let her die , or do you spend several times a spay fee trying to save her life? Your male animal : He' s never going to have a litter, so why bother neuter- ing him? Quite frankly, 7men are usually the hardest for us to convince that neutering is necessary, because they seem to ides with their male animal . 'I sure wouldn' t want it done to me , ha , a , a .* Well , the joke is on you, my .friend , but it won' t seem - funny when your male pet develops testicular or mammary tumors or prostate trouble , or gets hit by a car , shot, or torn to shreds by- another male animal while he roams looking. for a female companion . All of these things are going to cost you big bucks . If you want to keep your pet alive , that is . • The final harsh financial fact is this : If you can' t afford or choose not to treat your animal for any of the aforementioned problems, EUTHANASIA AND - DISPOSAL ARE GOING TO COST ALMOST THE SAME AMOUNT AS SPAYING/NEUTERING. In dollars and cents , that = is . The emotional- cost will be considerably higher. -over- -If you have a pregnant animal right now, have the litter aborted and your animal spayed at the same time. If- you have a litter of kittens , remember .-that female cats will breed again while they are still nursing a litter. The Valley Humane Society cannot take in your unwanted pets . We can only offer you advice. Our foster homes are all full with stray and rescued animals. Our-budget is strained . we need adoptive homes for our foster Animals which currently include over twenty cats and kittens , several mixed breed puppies of various sizes , and a list a mile long of referred animals . Please call or write if you want to adopt or join. :Please handle your personal responsibilities toward the animals you own, or have allowed to breed . We sympathize with you, but our time and energies =right now must be spent on educating the general public ,. raising the funds needed to support our foster program, and on making known the need for a .better animal shelter in the Tri-Valley area . Support us . Let your elected representatives know that you want to see a .new shelter project succeed . valley humane society. A ChXxv of PISS and Pals. Inc PO IM IM-220 _ PLEASVOOK U"S" i� /old in heritage - new n ideas dublitl S - Chamber of Commerce December 1, 1986 Planning Commission Members City of Dublin 6500 Dublin Blvd. Dublin, CA 94568 Attention: Kevin J. Gailey, Senior Planner Re : PA 86-117 - your letter of Nov. 26, 1986 regarding Pet Prevent A Care Conditional Use Permit application (City file PA86-027) Dear members of the Commission, _ The Dublin Chamber of Commerce Board of Directors voted on Nov. 12, 1986 to support our local veterinarians , and are hereby requesting the Planning Commission to reject the application of Pet Prevent-A-Care. The local Veterinarians , in conjuration with the Valley Humane Society, are presently holding pet clinics and there is always a Veterinarian present who gives a professional inspection . . of the animal. They also provide information on spaying and neutering. The real question is a policy issue. Do we want businesses who do not have any connection with our community to come in and work-- in an open parking area and compete directly against local established businesses? Sincerely, ' Q Jo nne Bergeron C ro Bo d of Director, Dublin Chamber of Commerce Chairman, Government, Education, Community Development Committee ' 7986 Amador Valley Boulevard Dublin, California 94568 (415) .828-6200 AT h •`� N I '���S tl61� !s Board of Directors Meeting November 12, 1986 Page 3 The October Mixer was held at the Compri Hotel and there was more than 125 people in attendance. Bill stated he would like to see more Directors in attendance at the Chamber Mixers . Membership Retention: Maria Scott reported that she has asked lief -Committee to mingle among new members and to try and each sit at a different table during membership luncheon meetings to become, better acquainted with the Membership, rather than the Ambassadors sitting-together: Membership renewal ..packets are being personally delivered, with so many new members it takes several : people to accomplish this task. ` Discussion followed -cn►rcerning 'a head table at Membership lluncheon meetings , the Board s!►ggesting that for the November meeting not having a head table and see how well. it viorks. New Membership. Harvey Tulchinsky.reported :that the Membership Prive derived 27 new members bringing the Chamber's total to 399 �as of October 31 , 1986. Harvey thanked everyone for•th0 r.hard work and enthusiasm .in making the Membership Drive so successful . Government/Education/Community Development. - JoAnne Castro was absent from Board meetina_ , however, Don Babbitt reported on a meeting Dave Burton and himself attended recently concerning the valley Chambers and Chabot College in sponsoring a series of seminars for small businesses . Don stated these would be workshop type seminars and that the group would be meeting again on November 25th when a formal proposal will be presented at that time. Basically what the aroup need.ed to know is whether the Dublin Chamber of Commerce would support such a concept and if it had any ideas or suggestions for types of workshops to be conducted, days and times best suited for the small ht►sinessper-son, etc. MOTION was made by Roy Mor.et, seconded by Ivan Parse that the Chamber inves-tioate the possibilities of small business seminars with other valley Chambers. VOTE: U!tA'iIP'.OUS. Bill Foster reported that JoAnne Castro had received an application from the City for a conditional use permit for Pet-Prevent-A-Care requesting four, one day clinics in the Dublin area. JoAnne has sent a letter to the City stating the Chamber took a stand against these out-of-the-area mobile type clinics last May, opting to support the local veterinarians and that the Chamber still supports that action. Local veterinarians are providing four clinics with reduced rates for seniors and low-income families four- times " a year at different- locations in the valley to try and service -as many people within the valley as possible.•_.. The Board was in support of JoAnne's letter, - 'Evaluation Committee - Jim Wharton reported that out of 12 evaluation forms mailed out recently only two responded. fie also reported that the Businessperson of the Year applications have been mailed to the Membership and a selection will be made at a later date. Newsletter = It was noted that this month' s newsletter was expanded to eight pages in order to accomodate: all the new members due to the membership drive. In *order for the Chamber to have eight pages on a regular basis more advertisers would be needed to. pay for the additional cost of printing. Proarams - Ivan Morse reported that Sgt. DiFranco of the .P!rblin Police department will be the guest speaker at the November luncheon meeting. The topic .t9t.­-ViFranco will be speaking .on is.'how. to minimize .holiday crime within a business. The Installatidn of Officers .& Director's will be the .December program. .Publicity - It aras` stated that an article appeared in the Valley"Times concernino the Chamber's Novembe' r'-luncheon-meeting and the guest speaker.. Valley Economic Don;:Babbitt reported the..Committee is s till .looking for;'a purpose, that a half day seminal• is planned to discuss new goals for the Committee and goals that were not met in .1986. Bill Foster stated that the 1981 Board may want to take a look at i - The Applicant was not .preserit� at the meeting. _ In response to an inquiry by Cm: Burnham, Mr. Gailey advised that approx�.- mately 80% (20 +) of the promotional balloons flown during the past 12 4onth period in the City were utilize in conjuction with remote radio broadcasts by KKIQ for local businesses for one-day--events. He- indicated that Davis owns his balloon, as will Curtiss odge, and as such both will utilize the cold-air balloons more- frequently. Rick Wendling, 7194 Elk Court, said Ne felt that because/o the location of Curtiss Dodge, which is hard to be seen, and because Ozzie Davis has received approval for a similar permit, the Plan ning Comm Commissioshould approve the Curtiss Dodge request-as well. -/ Cm. Raley closed the public hearing. On motion by Cm. Burnham," seconded by Cm. rnes,- and by a unanimous vote (Cm. Mack absent) , a Resolution was adopt dL approving PA 86-115 Curtiss Dodge Car Dealership Conditional Use Permit-reques--t. RESOLUTION NO. 86 -072 APPROVING PA 86;Y15 CURTISS DOD -CAR DEALERSHIP TEMPORARY PRQMOTIONAL SIGNS - 6 DAY TIME FRAME CONDITIO�AL USE PERMIT, 6451 SCARLETT COURT SUBJECT: PA-86-117 Pet Prevent-A-Care Mobile Pet Vaccination Clinic Conditional Use Pemit request. _ Cm. Raley opened the public hearing and called-for the Staff Report. Mr. Gailey advised that Pet Prevent-A-Care had been the Applicant for a number of Conditional Use Permits and Administrative Conditional Use Permits over the last several years. Mr. Gailey stated that a detailed chronology of those permits was outlined in the December 1, 1986 Staff Report. He reviewed key decisions made related to the mobile vaccination .clinics applications. He indicated that on September 12, 1983, the City Council, through an appeal, overturned a Planning Commission denial of a Conditional Use Permit for four mobile pet vaccination clinics. He advised that -the most recent application involved a request for three clinics, which was approved by the Planning Commission on May 5, 1986, and subsequently was appealed by a City Council- member. He said the application had been withdrawn by the Applicant before a decision regarding the appeal was rendered by the Council. Mr. Gailey said the Applicant was proposing to operate four separate mobile pet clinics in the Village Square Shopping Center- parking lot. He indicated that Pet Prevent-A-Care had a record of providing low-cost mobile pet clinics in Dublin since 1977, with no record of complaints or problems associated with the operation of those clinics from private' citizens. He stated, however, that since the approval of the Conditional Use Peemit request processed for Pet Medical Service in 1983, local veterinarians have regularly voiced opposition to the approval of the mobile pet clinics. Regular Meeting PCM-6-167 December 1, 1986 i - zn-Y y-rA�' c-+�1r c Y fi trr• yn..•�" � r� �.� nC -[�ti� axty a Mr. Gailey referred to an Amendment Ordinance considered for adoption in the City of Los Angeles in 1985, which would have formalized the. process to allow the operation of mobile pet clinics in that City. Mr. Gailey summarized the four concerns historically raised by local veterinarians in regards to mobile pet.--vaccination clinics: 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; and 4) mobile clinics do not provide follow-up medical coverage. Mr. Gailey advised that local veterinarians have offered at least one low cost pet vaccination service since the last mobile pet vaccination clinic was held in Feburary, 1986. He said it is his understanding that approximately 13 of the local tri-valley veterinarians plan to make their facilities and staff available on a rotating basis to provide low cost vaccination services in conjunction with the Valley Humane Society. Mr. Gailey restated that the only action taken to date by the City Council regarding mobile pet vaccination clinics was to approve an appeal of the CUP which the Planning Commission had denied in 1983. He said that the only item which had changed during the past six months in regards to mobile pet vaccination clinics was that one low cost clinic has been held in conjunction with the Valley Humane Society. Mr. Gailey advised that Staff was recommending the subject request be condi- -tionally approved for four one-day low-cost mobile pet vaccination clinics. Eric Young, President of Pet Prevent-A-Care, stated that although local veterinarians and the local Humane Society had indicated an intent to offer clinics, he did not think-'that was a valid reason to exclude .the services _provided by Pet Prevent-A_Care. He addressed the four areas of concern -previously voiced by the local veterinarians as follows: - _Concern #l: Dr. Young stated that it was correct that mobile clinics do not pay property or sales taxes. He said that in the communities across the State -in which they offer their- clinics, they have been utilizing commercial sites, .-and the managers of those commercial sites have expressed a position that the operation of the clinics assist them in paying their property taxes and that :they also assist local residents by providing vaccinations at low costs. Concern #2: Mr. Young said that Pet Prevent-A-Care employs regional employees throughout the State to operate the clinics, but acknowledged that individuals within each of the communities could not be employed by Pet Prevent-A-Care for one day clinics. Concern #3: Mr. Young indicated that he thought the concern about unfair competition was not valid, and that on a daily basis, the mobile clinics have a higher overhead than existing fixed operations. He said Pet Prevent-A-Care =must cover high expenses -related to travel time and advertising. Regular Meeting PCM-6-168 December 1, 1986 z . s° Mr. Young said the thrust of the objections to this type of clinic is tied to economic concerns of local- veterinarians. He indicated that .he- had spoken previously with a local veterinary who stated that while provision of low-cost vaccination clinics might be a good idea, he would fight them LL-one should occur in the area in which his business operates. Mr. Young referred to extreme actions taken previously by veterinarians against Pet Prevent-A-Care clinics which ultimately prompted the filing of a law suit seeking an injuction against a group of veterinarians. . Mr. Young advised that until about two years after the lawsuit had been settled "things were on an even keel", when an organized wave of--opposition surfaced spearheaded by a veterinary organization. He discovered the City of Los Angeles Ordinance referred to by Mr. Gailey, which related to the operation of any business in certain zones which were not in an enclosed structure. He advised that one of the Los Angeles Councilmembers had prepared a .draft Ordinance which would have permitted such clinics as mobile pet vaccination and mobile health care to operate. He advised that the City Planning Staff had recommended approval of that Ordinance, but that it ultimately was not adopted by the City Council. Concern #4: Regarding the concern about provision of follow-up veterinary care, Mr. Young stated that this concern is basically an opposition sham as the mobile pet vaccination clinics operate as a well-pet clinic. He said that statistically only one out of 400,000 animals vacinated by a mobile clinic faces a life-threatening situation. He referred to a reaction which can occur within 10 to 15 minutes after a vaccination has been given, which may be life-threatening, but stated that that there are staff -members at each clinic, as well as the necessary equipment and medication, to treat those animals which may have such a reaction. He indicated that statistically only one of 40,000 animals have a soreness or develop an abcess, or may have another legitimate reason for a follow-up visit to a veterinarian due to the - vaccination, but that those animals are not in life-threatening situations. Mr. Young stated that statistically for one of these circumstances to occur in _ the City of Dublin, Pet Prevent-A-Care would have had to operate in the City for 20 years. _Regarding the cooperation between local veterinarians and the Valley Humane Society, Mr. Young stated that he thought this would never have occured if the union had not been prompted by the operation of mobile pet vaccination clinics within the City of Dublin.' Dr. Young advised that he did not believe the mobile pet vaccination clinics would in any way adversely affect the health, safety, or welfare of the community. He referred to the over 200 people who had signed the statement in support of the continued operation of mobile clinics. Ms. Joanne Bergeron Castro, Board of Director, Dublin Chamber of Commerce, referred to Attachments 5 .and 6 of the December 15, 1986, Staff Report, and :read verbatim her letter the Commissioners dated December 1, _1986, request- ing the Commission show their support of local veterinarians by rejecting the Pet Prevent-A-Care application. Regular Meeting PCM-6-169 December 1, 1986 .• - ;: ` � �1 _,.v r � �y�'C.. } '.,� ?; .. "+`i`f� 1 E z '�?'.a c�- _ s ;r,y. .�T Zry 51, ,+,� } a. .S. y: Vicky Crosetti, President of the Valley Humane Society, asked that the subject 'Conditional Use Permit request be denied. She read Finding A, Exhibit A of the December 1, 1986, Staff Report, and said that the Valley Human Society does provide the low-cost pet vaccination service to community members. She said a low-cost clinic had been sponsored by the Valley Humane Society in October, and that four additional-clinics-were planned by the Valley Humane Society during 1987. She stated that the low-cost vaccination clinics which they will provide will serve as the major fund-raising events held by the Humane Society. She said senior citizens receive a discount of 33 1/3% at the clinics. Ms. Crosetti indicated that licensing forms would be distributed at the clinics to animal owners and that information would be presented regarding the need for spaying and neutering of animals. She advised that the Valley Humane Society is a member of the Dublin Chamber of Commerce and supports _ local businesses. She said she felt the Humane Society and local veterinarians need to be able to hold their low-cost clinics without competition from the low-cost mobile clinics. In response to an inquiry by Cm. Raley, Ms. Crosetti said the net profit of the clinics is slightly higher than $700.00. She indicated that 369 vaccina- tions had been given at the clinic held in October. To clarify a question posed by Cm. Raley, Ms. Crosetti verified that the Valley Humane Society is a non-profit organization, but is not a public agency. - Dr. William Evans, Parkway Veterinarian Hospital, 6851 Village Parkway, stated that he has been a business owner in the City for 15 years. He said the Valley Humane Society may not be recognized as a public agency, but that it is one of the most active members in promoting the local community to have animal shelters. He questioned why Pet Prevent-A-Care was the only exception to permitting "street vendors" in the City of Dublin. He asked the Planning Commission to consider the veterinarians' request to deny the application. He stated that normally Humane Societies and veterinarians are opposed to each other, but that this is not the case in the City of Dublin. Dr. Gene Nagel, Dublin Veterinary 'Clinic, 7410-D Amador Valley Boulevard, said e held two vaccination clinics last year on his own . He said he plans to hold four during 1987. He said the last two clinics were held indoors and the _future ones would also be held indoors. He inquired why Pet --Prevent-A-Care would be permitted to operate when other vendors were not. He said he thought 'it was important to support the efforts of the Humane Society as well as the 'local veterinarians. In response to an inquiry from Cm. Burnham, Dr. Nagel indicated that he did not know what percentage of his business is. for vaccinations. ^.`-Dr. Evans stated that approximately three percent of his client services are for the purpose of vaccinations. - Dr. Nagel said that his low-cost clinic was advertised in the newspaper four -times prior to the clinic date. He indicated that he charged $6.00 for all "vaccinations except the six-in one and rabies. Re?"te ular Meetin g PCM-6-170 .December 1, 1986 r S Mr. Young advised that Pet Prevent-A-Care charges $10.00 for the six-in-one and rabies vaccinations. ' Ken Roberts, Business Manager for All Creatures Veterinary Hospital, whose wife is the hospital veterinarian, stated that he took exception to the recommendations- assembled by City_S taff—He. said it appeared that the data was compiled on behalf of the Applicant, and that none of the local veteri- narians had been consulted before Staff made its recommendation. He said that although Staff included the materials provided by the veterinarians, they did not ask for their opinions or rebuttals. He asked Staff to address the reason why veterinarian clinics appear to be exempted from protection given to other businesses. He stated that Staff was insinuating that Pet Prevent-A-Care is providing a public service, when they are actually a profit-making enterprise. Mr. Roberts said the local veterinarians are supporting the Valley Humane Society. He said that although there has not been any formal City :Council action, the last time Pet Prevent-A-Care submitted an application, the local veterinarians appeared at the City Council meeting, and at that time Mayor Snyder said he was pleased that the Council did not have. to decide =this matter _ because it was a difficult one to resolve. Mr. Gailey stated that the action taken at the City Council meeting, was only to acknowledge the receipt of the withdrawal letter from Pet Prevent-A-Care. Rick Wendling asked if there is a local prohibition against profit-making organizations having a mobile service within the City. Mr. Gailey _advised that direction of the City Council has lead to restriction on outside sales of retail items which would be in direct competition to local businesses. He said the operation of mobile vaccination clinics falls into a grey area. He advised -that local craft fairs can operate if they are sponsored by a local, non-profit organization and sell hand-made items. He indicated that Staff, _ after consideration of City policies, and City Council and Planning. Commission actions, defined mobile pet clinics as a public service rather than as a retail enterprise. . Mr. Wendling asked what percentage of the total veterinarian visits are allocated to vaccinations, as opposed to other types of care. Dr. Evans said approximately 26% of his clients come in for vaccinations. Dr. Nagel stated that the veterinary journals indicate that' 20% to 25% of all veterinary visits are for vaccinations. Pam Will (?) , volunteer for the Valley Humane Society, said that one of the items in the Staff report supporting approval .of the Pet Prevent-A-Care application related to the fact that only one circumstance had changed from the time the previous application had been withdrawn (that a single low-cost clinic had been sponsored by the Valley Humane Society in conjuction with a local veterinarian) . She said the Humane Society will offer low-cost clinics, which will draw customers away from the local veterinarians. She indicated that despite this situation the local veterinarians are not opposing the Humane Society which indicates the veterinarians are receptive to a locally based service group providing a low-cost vaccination service. - Regular Meeting PCM-6-171 -December 1, 1986 --------........ ..........— _._._.-T...- . i - i In response to an inquiry from Cm. Burnham, Dr. Evans said-he could not provide the total number of clients who come in solely for:.vaccinations. In addition, he said that clients are drawn away from other communities as well as Dublin. Mr. Roberts gave a summary of services-to—the community provided by local _ - veterinarians to emphasize that they are not just profit oriented 'operations. Dr. Peggy Roberts, All Creatures Veterinary Hospital, said that the issue had been raised that Pet Prevent-A-Care does look at all of the animals and points out health problems. She stated that in the three years during which she has been practicing in Dublin, she has received only one referral as a result of the mobile vaccination clinics. Dr. Young said that the impact as stated by the local veterinarians does not exist. He advised that there is a reluctance on the part of many people not to go to a veterinarian because of costs. He stated that Pet Prevent-A-Care staff have polled their clients several times and up to 50% of the clients will state that they do not use veterinarian services on a regular basis. Dr. Young also stated that in most places the Humane Society is in support of Pet Prevent-A-Care, and that there have been numerous lawsuits -litigated between Humane Societies and veterinarians.. Dr. Young said he was:convinced that Pet Prevent-A-Care has done more than any other organization towards bringing. a badly needed service to this community. Dr. Young indicated that those who opposed Pet Prevent-A-Care seemed to want a decision based on economics. He said the issue is not one of economics, that the veterinarians are licensed practitioners who make money in the community, and that the established median annual income for veterinarians is $65,000 net. He said that "community services" does apply to the services rendered by Pet Prevent-A-Care. He stated that the need for their services will continue to exist until such time that the price disparity for vaccinations which currently exists is eliminated (i.e. local veterinarians adjust the regular fees for vacinations downward) . Dr. Young stated that Pet -Prevent-A-Care clinics have been offered in Dublin since before it was incorporated, and that property owners have told him they want the services provided. Dr. Young concluded by stating that he thought Dublin could only benefit by continuing to permit the clinics to operate in the City. In response to an inquiry by Cm. Petty, Dr. Young advised that in a recent poll, it was verified that between I in 10 to 1 in 30 clients are referred to local veterinarians as a result of, health problems with pets who had been brought to= the clinics. Cm. Raley closed the public hearing. Cm. Barnes stated that she agreed with the Findings of Approval as presented by Staff. - Regular Meeting --PCM-6-172 December 1, 1986 S Cm. Burnham' stated that Staff had mentioned several other cities had opposed the mobile .pet. vaccination clinics. Mr. Gailey indicated that the example provided from ._the City of Los Angeles is probably very typical. He said a key factor in how business enterprises are regulated is whether or not they operate within enclosed buildings. Mr. Tong said there are, through policy determination, certain exceptions to the overall general policies regarding operation of exterior commercial activities: Pet Prevent-A-Care and other similar operations fall under those exceptions,-. as do items such as Christmas tree -lots. Cm. Petty stated that he is in favor of any activity which will encourage pet owners to vaccinate their pets. He indicated that he did not think the clinics were held frequently enough to pose a problem. Cm. Raley stated the same consideration should be given to local veterinarians as to other businesses. He advised that he opposes the clinics. Cm. Petty moved. seconded by Cm. Barnes, that a Resolution approving PA 86-117 Pet Prevent-A-Care Conditional Use Permit for four mobile pet clinics -in the Village Square Shopping Center parking lot be adopted. The motion failed due to a split vote. Cm. Burnham and Cm. Raley opposed the motion. Cm. Mack was absent. NEW BUSINESS OR UNFINIS D BUSINEIS Mr. Tong advised that the City Council decided to continue the appeal of the Howard Johnson Variance application, and directed Staff and the Planning Commission to examine a Zonii\& Ordinance amendment which would possibly permit two freestanding signs on properties with two frontages. He said this item will be placed on the Planning Commission agenda in the near future. i OTHER BUSINESS Cm. Barnes said a point as raised while.,discussing Pet Prevent-A-Care's services regarding other services to the community, such as vision or other types of health screening. Mr. Tong said that no requests for any of those have arisen since the City was incorporated,':and that a permit would probably not be required for them. However, he advised, that if such a request is received, Staff would 'ask the City Attorney for., an opinion prior to making a decision on how to process the request- ! . Regular Meeting PCM-6-173 December 1, 1986 - :�-.a q :.� n s nr -�� •FS �c w.. CITY OF DUBLIN . - Development Services ' _ '; ' ( � Planniq /Zoning 829-4916 P.O. Box 2340 >Building:& Safety 829-0822 Dublin, CA 94568 Engineering/Pubfic Works 829-4927 :APPEALABLE ACTION LETTER ' Date: December 2, 1986 CERTIFIED MAIL Re. Planning Application #: 10�Fe7eRaccination et Prevent-A-Care Clinic Conditional Use Permit Finance Control #: N/A Project/Site Address: Village Square Shopping Center Parking Lot Northeast Corner of Amador Valley Boulevard and Village _ Parkway Assessor Parcel Number(s): 941-197-79-14 Applicant: Randal A. Morrison, Vice President Pet Prevent-A-Care, Inc. 4122 South Moorland Avenue Santa Rosa, CA 95407 Property Owner: Ron Reynolds Alpha Beta P.O. Box 4903 Fremont, CA 94539 Dear Applicant: The above referenced project was-.acted upon on December 1.., 1986, by the: Zoning Administrator Planning Director XX Planning Commission City Council and was:,' Approved Approved subject to conditions XX Denied (A two:-to-two, split vote results in a denial of the application.) Findings and Conditions of Approval are attached. This action becomes final and effective at 5:00 p.m. on December 11, 1986, unless appealed before that time in accordance with the Zoning Ordinance and other applicable regulations. If you have any questions regarding this matter, please-contact Kevin Gailey, the Project Planner, or me. ncerely, . ' Laurence5 L"Tong, :.Planning Director - a LLT/KJG/ao = Va r law All f1G MIN I { 14 THE ORIGINAL LOW COST -. PREVENTIVE VETERINARY SERVICE PET PREVENT A-CARE®INC. ° 4122 SOUTH MOORLAND AVE. SANTA ROSA CA 95407 (707 ) 584-8222 (584-VACC) December 5, 1986 c V t - UE� a City o6 Dub.?,in F1.hA?tulNG ATTN: Lawrence L. Tong, Ptanning Di)Lecton -Devetopment Se vices - P.O. Box 2340 = Dubti.n, CA 94568 To Lawtrence L. Tong: Pet Prevent-A-Cane, Inc. hereby bonmaUy appeal Ptanning AppZication #: PA86-117 to the City Council d.ince it wa,5 denied by a -too 4,on, and two agaimt vote at the Ptanning Commizzion meeting ob Dec. 1, 1986, with no reasons zubm teed bon the oppozing vote. We note here bon a matter ob pubtic tecoAd that;every s.ingte objection agaimt appnovae advanced in the pubti.c he-aAing can be reduced to the izzue ob protecting and 6uppoAting tocat enti ties, i.e., within Dubti.n, by the means ob exceuding non-tocat ent ti.ez . No one brom Pet Prevent-ALCane, Inc. can attend the City Councie meeting ob December 22, 086; the PPC obbice .us ctoeed--that week-and - a22 ob the phinei.paL have prior commitments, .6o we bormat.y tequest that our appeae be heard�at the January 12, 1987 City Couneii meeting. Thank you, and, - Youwvs Truty, Eni-c N. Young Pru.id ent ENY:mc - i - - z : CITY OF DUBLIN Development Services Planning/Zoning 829-4916 P.O. Box 2340 Building &Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 NOTICE OF APPEAL .'v Dater December 12, 1986 - ., Re. Appeal of Planning Action Planning Application #• Ion;Pitional 7 P Prevent-A-Care Vaccination Clinic _ Use Permit Finance Control #: N/A Project/Site Address: Village Square Shopping :Center Parking Lot, Northeast - Corner of Amador Valley _Boulevard and Village Parkway Assessor Parcel.Number(s): 941-197-79-14 Applicant: Randal A. Morrison, Vice President Pet Prevent-A-Care, Inc. 4122 South Moorland Avenue Santa Rosa, CA 95407 Property Owner: Ron Reynolds Alpha Beta - P.O. Box 4903 Fremont, CA 94539 Dear Applicant: This letter is acknowledgement of our receipt of your December 5, 1986, letter which was submitted to serve as an appeal of the decision of the Planning Commission rendered on December 1, 1986, regarding the above referenced Planning Application. The appeal of your project will be taken up by the City Council, with a tentative hearing date set as January 12, 1987. You will .be notified, in advance, of the date and location of the hearing. If you have any questions, please feel free to contact this Office. Sincerely, OC� aurence L. Tong, Planning Director LLT/KJG/ao cc: Dublin Chamber of Commerce _ Attn. Joanne Bergeron-Castro _ Valley Human Society Attn. Vicky Crosetti Dr.' Evans Dr. Nagel, Dr. Roberts _ ��% � S THE ORIGINAL LOW COST PREVENTIVE VETERINARY SERVICE PET PREVENT A-CARE®INC. 4122 SOUTH MOORLANDAVE. SANTA ROSA CA 95407 (707 ) 584-8222 (584-VACC) January 6 , 1987 City of Dublin ATTN: City Council Member 6500 Dublin Blvd. Dublin, CA 94568 (415 ) 829-4600 Dear Council Member: We in Pet Prevent-A-Care, Inc. have now fought many, " weary uphi'_1 battles similar to the one now before your Council . We have fought thee: in five states, and in Dublin, for ten years. I say uphill -because I know the images that local Veterinarians preset to local officials over long periods of time, of what 'Pet-Prevent-.-A-Care is, are often difficult to overcome. When minds are made up especially in an attitudinal sense they are not easy to change. Firstly, PPC is represented as a tawdry, • cheap, and rapacious company that presents s -a service at best "questionable" , and at worse "posi'tively harmful" . Secondly, we are "hurting" local Veterinarians by "taking" business away from them. And thirclly, we have an unfair advantage in that we have no overhead, and are alloted privileges not granted -to any other business, and take money out of the community. Ail _ these allegations are false. All are presented in believable forms with rmany variations . Your local Veterinarians, who are often your friends, present themselves as dignified', local pillars of the .community, and often they are just that. There is , however, a flaw in the dignity, and the strength of these pillars of the community in their plea to a city for protection. This plea rests on the premise and implied threat, that their support of the community is provisional , resting on protection, received, and that if not received, ,might be withdrawn. And further, the support for which they ask is reducible to this reality; "In order to support me, you must hurt a legitimate enterprise conducted by feklow Americans. In fact you must prohibit their service in Dublin. then:'I will be your friend. " It is difficult to answer all the questions raised that are calculated to camoflauge the basis of a protection plea and make it some abstract _ .t4i� 2 ^C 'iY ♦ 4, `s Ll , 4-/a/20)7 ... HS Yt. •. err _ .. _ .. --.. - City of Dublin, January 6, 1986 - Page2. question of law based on a hodge-podge of City ordinances addressing everything under the sun. Time and again, cities where we have operated for years with no permits required, -have suddenly, on the basis of structured complaints from veterinarians, said we must now have some sort of permit . And then the issues are never competition, restraint of trade, free enterprise, rights of businesses and property holders, but rather, temporary uses, land use, zoning definitions, parking, , etc. But, why are these concerns now questions , when they never have been in the past? All these questions are usually posed by complaining Veterinarians . The answers are here in this packet. -- Enclosed are several of the many letters that we have sent to Dublin in the past. They answer= most allegations and give a thorough description of what our enterprise_ is, a professional service, and promotional event for a commercial center because it is a service, needed and demanded by the public. We hope you will study them. We are a desired community service. We are not in any way equatable with veterinary hospitals or clinics . We are a full time service dedicated to bringing quality low cost immunizations to as many people as we can. Do we pose any problems, either by ourselves or regarding overall temporary uses for cities? I offer what I thank has to be irrefutable proof that we are not problematic in any sense, and yet this proof has a already been rejected by three of your Commissioners . The- only reasons that I can discern are that they have made up their minds to "help" local Veterinarians because they believe that we are not a worthy service, we have nothing of value to offer, and that we might truly "hurt" local Veterinarians . What is this massive irrefutable proof? We hold over 1 , 600 clinics per year in over 400 communities in five states ; and have conducted_ over 8, 000 -clinics , delivering over a million vaccinations in the past ten years , and we have never had a complaint from a city, or a .osting site , as to the conduct or impact of our clinics . :-In ten years_of operation no city has ever said we now have problems with street vendors because we allow you to operate. Our "impact" on sites is so minimal , four to sixteen hours per year timewise, that most of the stores in the commercial centers that host us, don't even---know we've come and gone. Most of these 400 cities require only a business license.- Our - state capitol , Sacramento, requires only a business license. The County of Sacramento requires only a temporary use permit administratively administered. The City of Fremont started us with just a business license in 1976 , later added a permit requirement, and then dropped it. The City of , Pleasant Hill issues us a special events permit for six clinics per year that is free . Only two or three cities in the rest of the state ask for a conditional use permit. ... It' s truly made work for the cities that demand it in terms of- any concern the city might have. But, we work always with cities, and.with the law, and if we can afford the process, we pay the price and continue. S City of Dublin, January 6, 1987 - Page 3. The case of L.A. cited in the planning report was created, touted, and published abroad by Veterinarians as a cause celebre, for stopping none other than Pet Prevent-A 'Care. This reports reads mobile vaccination clinics , but for three years time there was only us. The ordinance used to ban us, after three years of operation with absolutely no problems , prohibited all bus iness�--other than in an. enclosed structure. This particular ordinance is so frought with absurdities, and creates so many problems for the few cities who have adopted it, that it may find itself the subject of a class action suit. Many of the facts presented to your planning staff , by Veterinarians, about the L.A. situation were false . For instance, no operators of mobile vaccination sought a new ordinance allowing them to operate. Rather, there was such a public outcry wi- mobile clinics were prohibited that Councilman Finn independently, and unsolicited, drafted an ordinance to allow mobile vaccination clinics , and like services to operate. The Southern California Veterinary Association sent out a "red alert" letter to raise $200,000 to defeat this ordinance. They hired a full time lobbyist with staff, well connected with most of the Councilmen and defeated the proposed odinance eight to five. Now not only can we not operate, but neither can mobile blood banks, cat scanners., libraries , cancer checks, etc. Did we have a chance? Money talked in L.A. ; $200 ,000 exceeds our net profits for six or seven years. Veterinarians already have their own set of laws giving many-- specific entitlements and areas made their sole province. Even that is not enough for- the politically active, when they turn and attack their colleagues and ask for protection. Our : service is not easy to duplicate, - and a high overhead accompanies the delivery of low cost vaccinations . We are not price gouging, as in fact much of the profession was until recent years; many still are. If we can operate, and it is: so easy, all Veterinarians would certainly hve the same opportunity. But, they do not want to complete, and will only offer lower prices to the extent it is forced . upon them by _legitimate competition. It is fact that there is enough money in the veterinary profession' that they do not feel they have to lower vaccine ;prices to get more business . Most of the profession still adheres to the principal of changing highest rate possible for the least time spent . Veterinarians have been exhorted throughout California to approach their local Chambers of Commerce and get their support. They seemed to have suceeded in Dublin, but I know from first hand conversation-:with some local members that our side was defamed, not represented, and more or less unknown. Licensed Veterinarians are not yet in the same competitive healthy situation of almost all other businesses . A brand new local humane group has now joined with the Veterinarians that want to exclude PPC. They give ample testimony to the fact that we are a community service by saying, "yes, it: is, but let us do it" , and repeating the refrain, "keeping the money in the community" . This group will be using local vet hospitals, paying local Veterinarian help, and raising money to subsidize spay and neuters, so that the local , .�i City of Dublin, January 6, 1987 - Page 4. _ Veterinarians doing these surgeries get full price. PPC has founded and_ operates two spay and neuter clinics, and I can almost guarantee you_ that our prices will be drastically lower than those in Dublin. This public spirited humane group also has no qualms about saying;_ "let' s get rid of PPC, and now -- let us do it, again the "help us , hurt them" -- because we live here" reasoning. Does the money they raise really "stay" in Dublin any more than the "savings" ;seated by PPG' s low cost shots stays in Dublin. At least half the people at our Dublin clinics come from surrounding communities . .' At least half the residents_ of Dublin probably work in another city,' and at least half of the people employed in Dublin live elsewhere. In •the great sea of money and goods that flow through all California communities, the idea of keeping money in the communities has little value. And- that includes tax money. For sixteen hours per year PPC pays a high tax, and we help generate revenues for commercial centers to pay their taxes, and the savings we provide to pet owners help them pay thei-r taxes. : Has any Veterinarian ever been hurt by PPC2 No, incomes of the entire profession have risen to new heights in the past year. No Veterinary Hospital, that we have ever operated near:., and there have been hundreds in our ten years of operation, has to our knowledge, ever gone out of business . Finally, why should yourselves and the other citizens be deprived of. the opportunity to choose a service they have liked and patronized, and perhaps be relegated to the tender merci-es-, totally and not by choice, of the new local humane society -- and the old local Veterinarians . For example, the citizens of Danville, Walnut Creek, Pleasant Hill , Concord, San Leandro, Hayward, San Francisco, Fremont, Tracy, Stockton, Fresno, Santa Rosa, Bakersfield, Eureka, or . Riverside, Portland, Seattle, Phoenix, Reno, etc . . , who have for years, and still do enjoy our services? And what about the inherent justice of Grandfather provisions? We've been coming, faithfully, to Dublin at. regular annual intervals since 1977 , and we've had to fight these same local Veterinarians every step of the way. We've always had the support of the citizens . We hope you represent them. Yours Truly, Eric N. Young - President ENY:mc Enc. _ . v va I l ey humane RECEIVED society JAMS 1987 A Chapter of Pets and Pals. Inc. gum R ► January 7, 1987 To: Dublin City Council From: Vicky Crosetti; President Valley Humane Society In Dublin's Planning Commission's Resolution 186 to be considered January 12, 1987, it is stated under subsection "a" that the Planning Commission finds that Pet Prevent-A-Care should be granted a conditional use permit because: "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 a public agency." The Valley Humane Society does, it fact, provide this service. The V.H.S. provides it, and other services, to the City of Dublin, year round. The Valley Humane Society was established in the Tri-Valley Area in May, 1985. The Society has 80+ members and 13 participating veterinarians. We held our first low cost vaccination clinic October 4, 1986 at Parkway Veterinary Hospital, 6851 Village Parkway, Dublin. Parkway Hospital is owned by Dr. William Evans who donated the use of his building to the Humane Society, thereby eliminating the need for us to obtain city use permits. Figures for attendance at this clinic, geographical breakdown of attendees, type and number of vaccinations given are attached. We have scheduled four more such clinics for 1987: . January 17 Amador Valley Veterinary Hospital Dr. Tom E. Black- 1809 Santa Rita Road, Pleasanton April 5 All Creatures Veterinary Clinic Dr. Peggy Roberts 6612 Dublin Blvd, Dublin July 12 Crow Canyon Veterinary Clinic Dr. Jay Kerr 3141B Crow Canyon Place, San Ramon October 17 Parkway Veterinary Hospital Dr. William R. Evans 6851 Village Parkway, Dublin All of these clinics will be held inside existing veterinary hospitals....:.. ::.:. . .::. . ....: P.O.BOX 9001-220 •a � z PLEASANTON,CA 94566 , 4 t At our clinics, staffed by volunteers, the following procedures are followed and services provided: o All vaccinations cost $6.00; $4.00 for senior citizens over 60. o Vaccinations given are: DHLPP (6-in-1) for dogs, FCR .(3-in-1) for cats, and rabies for both species. o All vaccinations are administered by California State Licensed Animal Health Technicians (A.H.T.). o Any problem(s) noted by the A.H.T. in a pre-vaccination examination is immediately referred to the on-premise veterinarian who then examines the animal and gives a written recommendation to the pet owner to see a regular veterinarian, if warranted (form attached). o Appropriate city/county license forms are given to the pet owner when a dog receives a rabies vaccination. o All attendees are given a sheet outlining possible vaccine reactions, listing local Emergency Veterinary Hospital phone numbers, and explaining the need for rabies vaccination in cats as well as dogs (copy attached). o Attendees with unaltered animals are given a handout, "The Dollars and Cents of Spaying and Neutering" (copy attached). o Cat carriers and dog leashes are provided to those pet owners not having them. o Traffic direction is handled by several volunteers who also talk to waiting owners about responsible pet ownership and the need for spay/neuter and licensing. **o= A 33 1/3% discount on vaccinations is given to pet owners over the age of 60. As you can see from the attached attendance breakdown, almost half the attendees at our last clinic fell into this category. o Reminder postcards will be mailed out to attendees to let them know when annual boosters are due. Our vaccination clinics would not be possible without the support of local veterinarians. These are the same veterinarians who helped the Valley Humane Society become a viable organization. They provide services to us, our foster animals, and animals adopted through us. Many of the stray animals coming to us, incidentally, come off the streets of Dublin. With Dublin having so few hours of animal control services provided weekly, we at Valley Humane are frequently called to pick up a stray;help find a lost pet, or provide housing for a stray or injured animal. The vaccination clinics we plan will be our major fundraisers for the year. The monies brought in by these clinics will be reinvested in the communities we service. Valley Humane patronizes not only the local veterinarians, but also boarding kennels, pet stores, grocery stores, and newspapers. We are members of the Chamber of Commerce, provide educational programs at pre-schools and service organizations like Lions, and participate in Dublin's St. Patrick's Day celebration. In addition, I represent the Tri-Valley Area on the County Animal Control Advisory Task Force which is planning the new shelter to be built in the near future to replace the Santa Rita facility. In short, we support Dublin and other Tri-Valley communities. The Valley Humane Society is asking the Dublin City Council to make a choice to support your local Humane Society instead of an outside street vendor. There can be no question that our vaccination clinics are in compliance with local ordinances; they are held indoors. The Valley Humane Society, local veterinarians, and local merchants will appreciate your support of the V.H.S. valley humane society A Chapter of Pets and Pals, Inc MISSION: To educate the community on the need for responsible pet ownership, including the spaying and neutering of dogs and cats, and to assist in the placement of abandoned/stray and injured animals. ACTIVITIES: 1. Develop educational programs 2. Rescue abandoned animals 3. Sponsor foster homes 4. Place unwanted pets in suitable homes 5. Sponsor/support humane legistlation 6. Assist other community organizations 7. Give lectures/demonstrations 8. Acquire and maintain an animal shelter 9. Conduct fundraisers BACKGROUND: The Valley Humane Society, a non-profit organization, is a chapter of Pets & Pals, Inc. Our parent organization is a statewide organization which was formed in 1947. Our chapter was established in May 1985. -The Valley Humane Society supports animal welfare in the cities of Pleasanton, Dublin and Livermore, as well as areas generally surrounding these cities. MEMBERSHIP: 75+ members MEETINGS: The third Tuesday of each month General public meeting held annually P. O. Box 9001-220 Pleasanton, CA 94566 BOARD OF DIRECTORS: 9 members; four being officers Elected for a one year term President: Vicky Crosetti Vicky is a California licensed Animal Health Technician. She is employed by the Alameda County Pet Emergency Clinic where she is Head Technician. Prior to moving to California, Vicky was co-chairperson of the adoption committee for the Williamson County Humane Society (Franklin, Tennessee). Vice*President: Arlene Kingsley Arlene has been working with animals for 12 years. She is employed as a veterinary assistant at Adobe Pet Hospital in Livermore. Treasurer: Nancy McKinley Nancy is employed as a programmer/analyst for Chevron Corporation in San Ramon. Secretary: Pam Will Pam is employed by Xerox Corporation in Fremont as" a marketing manager. Membership Director: Lin Tobin Lin is in charge of soliciting memberships. She is employed as-Assistant Editor for Retriever International Magazine. Public Relations Director: Barbara Anderson Barbara, an Executive Secretary, is in charge of all publicity. General Director: Linda Bendel Linda completes the Board of_ Directors and assists other functions by performing detailed duties. Linda is currently in charge of the program to bring pets and senior citizens together at Valley Senior Citizen Centers. Advisors: Dr. William Robert Evans and Dr. Peggy Roberts Dr. Evans, veterinarian at Parkway Veterinary Hospital in Dublin, works with the Valley Humane Society as medical and technical advisor. Dr. Roberts, veterinarian at All Creatures Veterinary Hospital in Dublin, also acts as medical and technical advisor for the Valley Humane Society. 092086 Y J 3 valley humane society A Chapter of Pets and Pals. Inc. 'Talley Humane Society Vaccination Clinic,October 4, 1986 (first such clinic) Location : Parkway Veterinary Hospital,Dublin Time : 2p.m.- 5p.m. Personnel: Two teams of two technicians vaccinating, eight volunteers per- forming a variety of functions,veterinarian on premise(Dr.Campbell) . Total vaccinations given: 369; 103 D?.12P, 99 FCR, 167 Rabies Prices: $6 per vaccination,$4 for persons over 60; 76 senior citizens attended. Advertising: Valley Times,Herald,KKIQ, direct mail to members and other Valley organizations,fly ers,also "free" articles in papers including Pathways. Attendance breakdown by city: Dublin 35,Pleasanton 32,Livermore 60,Trac.y 3, San Ramon/Danville 26, San Leandro/Hayward 3. Total: 158. Breakdown of attendees by veterinarian named as their regular vet: Have no regular vet: 70. These people were given a list of our 12 partici- pating veterinarians and told that any pet should be seen by a vet for a full scale physical exam at least annually. Any person with an unaltered animal was told verbally about the need for spay/neuter and given our flyer on the same. Regular vet: Evans 21 ,Fullmer 6, Stannard 6, Young 12, Gardner 4, Bird 8, Plone 6, Black 7, Nagle 4, Connelly 2, Krome 2, Roberts 2, Powers 1 , Kelsey 1 , Scharg 1 , McClan II , Holt 1 ; San Leandro/Hayward- vet 3. Star(*) over vet' s name indicates that we are not sure where this vet practices but the person listing them as a regular vet lives in the Valley area. Referrals for medical nroblems:One pet was referred to the regular vet for an existing health problem,diaanosed by the .attending veterinarian. Other referrals: In addition to those owners advised to alter their . pets,the technicians in attendance told about thirty percent of the attending owners that they should consult a vet regarding the possible need for dentals and about twenty percent to consult their regular vet for management of obesity. Report prepared by Vicky Crosetti P.O.BOX 9001-220 r PLEASANTON,CA 94566 . is va valley humane society A Chapter of Pets and Pals. Inc. LOW COST VACCINATION. CLINIC Your pet has just been vaccinated at the Valley Humane Society Vaccination Clinic. Please be aware that sometimes after vaccination, animals, especially young ones, may appear a little sleepy o.r unwilling to play or eat for up to 24 hours following vaccination. If your animal received a rabies vaccination, it may favor one of its rear legs :for a day or two or exhibit some tender- ness in that area. All of these reactions are possible and you should not worry. However, if your animal exhibits other symptoms like swelling, intense and prolonged itching, or high fever (normal for cats & dogs is 101 to 102° F) you should have the animal seen by your regular veterinarian or at ar) Emergency Veterinary Clinic. Emergency clinic phone numbers are: . Dublin 828-0654 San Leandro 352-6080 . Fremont 656-0672 Concord 798-2900 Please note: If a puppy or kitten (under 6 months) was vaccinated today for canine parvo/distemper or feline distemper, THIS IS ONLY ONE OF A SERIES OF VACCINATIONS YOUR PET NEEDS FOR FULL PROTECTION! ! One vacci- nation will not protect it against. these diseases. These vaccinations must be given on a schedule or you will lose the benefit from this vaccination. Call your regular veterinarian for more information. The State of California requires that dogs be vaccinated for rabies at four months of age, then again at one year of age, and then every three years afterward. You cannot license your dog without a rabies vaccination certificate and the law requires that you license your dog. The state does not require rabies vaccinations for cats. However, we highly recommend rabies vaccinations for cats because they often come in contact with wildcats, raccons, skunks, and possums. Cats exposed to a rabid animal and not vaccinated must be quarantined for six months or euthanized. PLEASE REMEMBER THAT STERILIZATION (SPAY/NEUTER) OF YOUR PET SHOULD BE DONE AT SIX MONTHS OF AGE. Cats and dogs begin to become sexually mature at this age and will produce unwanted litters. A few facts: during the spring/summer/fall "kitten season," 30,000 kittens are born daily in the U.S. and 17,000 are put to sleep daily; cats. can become pregnant again just 2-3 weeks after delivering a litter even though they are nursing kittens. Thank you for supporting the Valley Humane Society (a Chapter of. Pets .&. Pals, Inc.) by attending our vaccination clinic. ... Please look for future clinics. PO. BOX 9001-220 PLEASANTON. CA 94566 f THE VALLEY HUMANE SOCIETY IS SPONSORING A LOW COST CAT & DOG VACCINATION CLINIC SATURDAY, OCTOBER 4th t. 2:00 p.m. to 5:00 p.m. f . Parkway Veterinary Hospital 6851 Village Parkway Dublin (Veterinarian on premises) VACCINATIONS $6.00 (CASH ONLY) FOR OWNERS OVER 60 - $4.00 = Canine distemper/parvo (DHLPP) Feline distemper/upper respiratory(FCR) Canine or Feline rabies = A CHAPTER OF PETS & PALS, INC. P. O. BOX 9001-220, PLEASANTON, CA 94566 0 d • THE DOLLARS AND CENTS OF SPAYING AND NEUTERING "You just have to help me. I 'm stuck with a litter of puppies/kittens , ._and . I can' t find homes for them. I 'm going crazy. " This refrain comprises at least one third of the calls taken by the Valley Humane Society. When asked why their adult animal was not altered , most people reply, "I couldn' t afford it ." When asked if altering is planned , the reply is usually, "As soon as I have the money." Alright, we agree that altering your animal costs money: perhaps up to $100. 00 for a very large female dog . However, the cost of not altering can be several times that amount . What if your animal has birthing difficult- ies? Are you going to watch her die? No, you' re going to go to a vet and get shots to help her delivery ( $12-$15 each) , or you spend $200-$300 for a C-section, or to remove a retained puppy or kitten. Maybe your animal is weak and dies in surgery. Then, you' re stuck with a litter you either euthan -ze or you bottle-feed around the clock every three hours for three weeks. Mother' s milk replacer is about $1. 50 for a five-ounce can. If she delivers with no problems , a nursing mother requires one -and half times as much food , or ideally a higher-quality (more expensive) food. Then , at four to five weeks you have to buy for the litter , and feed them until placement . But wait, two or three weeks after delivery the mother may develop eclampsia (or milk fever) caused by low calcium levels due to nursing . Back to the vet, spend over $100. 00. Can' t put the kids back to nursing on Mom, so oy u' re bottle-feeding the litter . Perhaps Mom never develops any problems , but you didn' t know she was going to breed , so you didn' t have her wormed or vaccinated prior to delivery. She' s passing those worms on to her litter , which could be fatal to them, and they have no maternal antibodies against canine parvo or distemper, or the feline upper respiratory diseases . Back to the vet ( $$$ ) , or perhaps you and your children watch the litter die in spite of the vet' s best efforts. Even if your female animal never breeds , due to the fact that you either exercise extreme control during heat cycles , or you board her ($5-$9 per day) every cycle , she can still develop uterine infections like met- ritis or pyometra (pus in the uterus , requiring an emergency hysterectomy) , or mammary tumors . Do you let her die , or do you spend several times a spay fee trying to save her life? Your male animal : He' s never going to have a litter, so why bother neuter- ing him? Quite frankly, men are usually the hardest for us to convince that neutering is necessary, because they seem to identify with their male animal . "I sure wouldn' t want it done to me , ha , a�a .* Well , the joke = is on you, my friend , but it won' t seem - funny when your male pet develops testicular or mammary tumors or prostate trouble, or gets hit by a car, shot, or torn to shreds by -another male animal while he roams looking for a female companion . All of these things are going to .cost you big bucks . If you want , to keep your pet alive , that is. The final harsh financial _-fact is this: If you can' t afford or choose not to treat your animal for any of the aforementioned problems,. EUTHANASIA AND DISPOSAL ARE GOING TO COST ALMOST THE SAME AMOUNT AS SPAYING/NEUTERING. In dollars and cents , that ..is . . The emotional cost.. will be considerably higher: -over- :. If you have a pregnant animal right now, have the litter aborted and your animal spayed at the same time. If you have' a' litter of kittens, remember that female cats will breed again while they are still • nursing a litter. . The Valley Humane Society cannot take in. your unwanted pets . We can only offer you. advice. our foster-homes are all full with stray and rescued animals. Our budget is strained . We need adoptive homes for our foster animals which currently include over twenty cats and kittens , several mixed breed puppies of various sizes , and a list a mile. long of referred animals . Please call or write if you want to adopt or join. Please handle your personal responsibilities toward the animals you own, or have allowed to breed . We sympathize with you, but our time and energies right now be spent on educating the general public,. raising the funds needed to support our foster program , and on making known the need for a better animal shelter in the Tri-Valley area. Support us . Let your elected representatives know that you want to see a new shelter project succeed . valley humane society A Chapter d F is and Pali Inc. I_JASONMk U NSK