June 10, 2010

Azusa Votes to Reconsider Vulcan Mining Expansion Project; Meeting Set for June 21
Meeting Agenda
Azusa Rock Modification Document

Meeting Agenda
Azusa Rock Modification Document

Vulcan Materials Company will have second chance to convince the Azusa City Council to approve a modification of its conditional use permit and revised reclamation plan.

On a motion by councilman Uriel Macias, seconded by councilman Keith Hanks, the Azusa City Council on Monday night voted 5-0 to reconsider their May 17 denial of the plan. The council also voted on a motion by Macias, seconded by Hanks, to table the Rules of Parliamentary Procedure, an action Azusa City Attorney, Sonia Carvalho counseled as necessary for the body to allow reconsideration of the matter.

The actions were a surprise to the community since the Vulcan matter was not on the posted June 7 agenda. It was added as an urgency item during the reports and announcements section of Azusa’s agenda after Councilman Macias began an inquiry concerning possible scenarios for dealing with the Vulcan matter. Councilman Macias was in the majority on May 17 when the council voted 3-2 to deny Vulcan’s plan.

While some council members expresses surprise that the item arose in the midst of the hearing without any prior notice, others including the Azusa City Attorney indicated that inquiries concerning the available parliamentary procedures were made in the week preceding the meeting. Using that time, the City Attorney performed advanced research so that she would be prepared to respond to Councilman Macias’ inquiries.

The City of Duarte is concerned that the item was not properly handled under the Brown Act since facts giving rise to this action were known to the Azusa staff before the agenda was posted. There are also questions about whether a motion to reconsider should have been made at the same meeting the action took place and whether a public agency can abandon parliamentary procedures for such an extraordinary purpose.

Prior to the motion to reconsider vote, Carvalho reported to the council that this was the last chance to make a motion for reconsideration on the matter and that failure to do so would mean that the current application would be “dead.” In order to revive it, she said, it would have to go through a completely new procedure requiring the reapplication, payment of fees, and to start over again through the planning commission process.

In explaining his motion to reconsider the Vulcan proposal, Councilman Macias said: “I think we should try to get the best possible situation we can, work with the people who are going to be here regardless of what we do and try and to work in the best interest of the city and get the best possible deal.”

Councilman Macias said that over the past two weeks he has had discussions with Duarte Councilmember John Fasana and representatives of Save Our Canyon to listen to their concerns. He said he has also had meetings and discussions with Vulcan representatives since the May 17 vote to address his concerns.

Councilman Macias outlined his concerns as everything from revegetation to onsite air monitoring, additional environmental and financial safeguards, regular access to trails, including Fish Canyon, mitigation for dust control, an airtight 2038 mine closure date, and setting aside and earmarking funds for any open space in the future.

“They [Vulcan] were willing to step up to the plate and raise the bar and give us something that was completely better, much, much better than what was presented and took action on that night,” he said. “They were prepared to address all of the concerns that I had stated and then some. I’d like to give them a second chance to address those concerns,” said Macias.

The next step in the process will come on June 21, when Azusa staff will present the Azusa City Council with a series of options on how to proceed. It is possible that the Azusa staff will recommend that the Azusa City Council vote on the matter that same night.

Vulcan currently has a permit from the City of Azusa to mine 190 acres of its 270-acre property. The June 7 vote revived Vulcan’s application to move its mining operations from the eastern portion of its property to a pristine 80 acre site on the west boundary in close proximity to Duarte homes and schools.

In 2008, the Duarte City Council established a $700,000 fund entitled the “Fight Against Vulcan Expansion” fund (FAVE) in response to the anticipated expansion plans by Vulcan and its potential adverse impact on Duarte residents. For more information about the City of Duarte’s Fight Against Vulcan Expansion activities, call Duarte Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 221.

Documents related to Vulcan Mining Proposal

Sierra Club Letter, June 21. 201
Duarte letter re: May 17, 2010 Meeting
Duarte letter to Azusa re: Supplemental Analysis Volumetric, May 17, 2010
Effects on Van Tassel Watershed, May 12, 2010
Vulcan Even Swap Discredited, May 12, 2010
Duarte letter re: Slope Stability, May 13, 2010
Duarte letter re: Watershed, May 13, 2010
Duarte Letter to Azusa re: May 17, 2010 Hearing
Azusa Schedules Meeting for May 3 April 29, 2010
Azusa Cancels April 26 Meeting April 26, 2010
Vulcan on Shaky Ground, April 22, 2010
Duarte Letter On Noticing to Azusa, April 19, 2010
AQMD Issues Another Comment Letter to Azusa Citing Additional Public Health Concerns About Vulcan’s Proposed Expanded Mining Project Article April 19, 2010
Congresswoman Chu Eye Opener April 17, 2010
Facts and speculation about Vulcan Mining, April 7, 2010
Geological Study Findings
Geologist Letter
Between a rock and a beatiful place
Letter to San Gabriel Valley Tribune
AQMD EIR Review Letter
Letter to the Editor
Letter to Barry Wallerstein, AQMD
Azusa seeks financial safety net for mining proposal
Letters to the editor: Standing together
Letter to the editor: What about Glendora?
Azusa City Manager questions Duarte's motives, credibility regarding mining proposal
City Manager Darrell George's Statement
Vulcan Hasn't Kept Promises
San Gabriel Mining Proposal Upsets Residents, March 18, 2010, ABC Local
Mining Proposal Maddens Duarte, March 18, 2010, LA Times
Azusa mining battle sounds familiar to old timers
Duarte Letter to Azusa City Council
Glendora Comment Letter
No major impact on air from Azusa mining, regulators say, February 28, 2010, San Gabriel Valley Tribune
Mayor Makes Special Delivery to Azusa February 17, 2010
AQMD Comment Letter
Antonovich Letter
Sierra Club Comments on EIR
Pasadena Star News Article by Mayor Margaret Finlay & Councilman John Fasana

Azusa Planning Commission agenda and documents (below)
PC Staff Report Final 2-24-10
ExhibitA-D
CUP Reso Final 2-24-10
EIR Reso - Final 2-24-10
Development Agreement Reso - Final 2-24-10
Development Agreement

Save Our Canyon Comments
Duarte City Official Comments on Vulcan EIR 80 pages, February 18, 2010
DUSD Resolution
Letter from Duarte Legal Counsel to Azusa
Letter from Congressmember Judy Chu
Material Safety Data Sheet on Vulcan
Air Quality Report
Vulcan News on www.dctvduarte.com
Letter to the Planning Commission February 2010
Portantino Support Letter February 2010
Impact to Mountain Aesthetics January 2010
Letter from Duarte Attorneys to Azusa Planning Commission January 13, 2010
Azusa Notice of Preparation EIR Letter May 12, 2009
Notice of Preparation Response Letter June 9, 2009
Notice of Draft EIR December 2009
Request Response to EIR December 2009
Report Outlines Azusa Mining Impacts on Duarte, December 23,2009, Pasadena Star News
Azusa City Politics and Dust from the San Gabriels San Gabriel Valley Tribune June 29, 2009
City of Azusa Response to San Gabriel Valley Tribune Article June 30, 2009