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Minutes - San Leandro City Council Meeting - November 18, 1991 Page - 10 - PUBLIC HEARINGS (continued) She said the Agreement was developed by staff with the cooperation of the property owners, the businesses, and the City Attorney. She said the Agreement establishes a level of activities and provides that if the level of activities is expanded beyond that point there could be legal action, including revocation of zoning approval . She said in August 1990 she started to receive complaints from the Mulford Gardens Improvement Association regarding trucks operating outside the hours listed in the Agreement. She said based on information obtained from Best, from the homeowners' association, and from staff the zoning approval was suspended for 30 days and Best was required to come into compliance. Best was unable to comply with the terms of the Agreement, and the zoning approval was revoked. The matter was appealed to the Planning Commission. At the Commission meeting, Mr. Anderson, speaking for Best, said their delivery schedule is dictated by their sole customer, who is the Coca-Cola Company and in order to meet the requirements of their customer they cannot comply with the terms of the Agreement. David Gay, Ruan Leasing Company, also said he was unable to operate his business under the terms of the Agreement. The Planning Commission denied the appeal , which was then appealed to the City Council . Ms. Scilley explained that currently Ruan Leasing Company had ceased activity at the site but Best was still operating, pending the outcome of the appeal . She said there is no further evidence to indicate that Best can operate under the conditions of the Letter of Agreement, and, although Best accepts their are non-conforming use must comply with the limitations, they are unable to meet those limitations. She recommended the City Council uphold the Planning Commission' s denial of the Appeal . Council Member Santos asked, when the Coca-Cola contract was initiated with Best, if Best had asked for any modifications to the Agreement. Ms. Scilley said Best had asked for modifications at the Planning Commission meeting, but not prior to the meeting. She described the on-going violations that had been documented in September, October, and November 1991 . Council Member Perry said a statement had been made that if the City Council denied the Appeal the Development Department could help Best find a suitable site for relocation. She asked if the Development Department had undertaken any research on this matter. It was indicated there are a number of sites available in the I-2 Districts in San Leandro, and the number of truck trips and the hours of the truck trips would not be an issue in the I-2 area.