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18 <br />THE CITY OF <br />r i <br />' n~ <br />i .~. <br />j~L~E~S~4NTONo <br />CITY COUNCIL AGENDA REPORT <br />September 4, 2007 <br />City Attorney <br />TITLE: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN <br />GRANITE CONSTRUCTION, CEMEX, THE CITY OF PLEASANTON AND <br />THE COUNTY OF ALAMEDA CONCERNING THE RELOCATION OF THE <br />ASPHALT PLANT OPERATED BY GRANITE CONSTRUCTION <br />SUMMARY <br />For several years now City staff has been negotiating with the County of Alameda, <br />Granite Construction and RMC Lonestar (now CEMEX) concerning the relocation of an <br />asphalt plant on the CEMEX property that is operated by Granite. The City's contention <br />has been that the County should not have issued a building permit to Granite without <br />any public review or input, that the plant is visually obtrusive and inconsistent with the <br />vision for the eastern gateway into the community, and that by reason of the odors that <br />the plant generates, it poses a public nuisance for residents who live close by. <br />Granite's position has been that it properly obtained its permits, that no CEQA or other <br />public review process was required and that the complaints about odor are <br />overdramatized. The attached Memorandum of Understanding (MOU) is intended to <br />resolve the dispute by Granite's relocating the plant to a different location on the <br />CEMEX property. <br />RECOMMENDATION <br />Staff recommends that City Council approve the MOU and authorize the City Manager <br />to sign it. <br />FINANCIAL STATEMENT <br />The MOU does call for the City to provide $500,000 towards the relocation of the <br />asphalt plant but those funds have been provided to the City by Centex Homes. <br />