Duarte Council Unanimously Votes to Commence Litigation Against City of Azusa and Vulcan Materials Company

The Duarte City Council unanimously voted to commence litigation against the City of Azusa and Vulcan Materials Company. The vote was taken during a closed session of the Duarte City Council on July 22. The litigation will challenge the environmental review and entitlement approval process utilized for the Vulcan mine expansion project. The lawsuit also pertains to certain Brown Act violations by the City of Azusa. The City of Azusa gave its final approval to the project on July 19. It permits Vulcan to expand mining operations from a currently approved and partially mined 80 acres on the east side of its 270 acre property to pristine Van Tassel Ridge above Duarte homes and schools.

Following the closed session, Duarte City Manager, Darrell George read the following statement:

CITY MANAGER’S STATEMENT ON INITIATING LAWSUIT TO CHALLENGE AZUSA’S APPROVAL OF THE VULCAN MINING EXPANSION PLAN

JULY 22, 2010

For years, the City of Duarte has attempted to work with both Vulcan Materials Company and the City of Azusa to create a mining strategy for the Azusa Rock Quarry that benefits the citizens of the San Gabriel Valley. Well before the December 23, 2009, date when the DEIR was released, the City was monitoring the potential for an expansion project. In fact, the initial attempt by Vulcan to submit a project to Azusa was questioned by Duarte and thus rejected outright almost four years ago. Going back to a joint meeting with the Azusa City Council on January 29, 2008, and the establishment of the FAVE (Fight Against Vulcan Expansion) fund in July 2008 in the amount of $700,000, the City of Duarte has been refuting all aspects of the proposed expansion. In the last year alone, several hundred hours of time have been spent by experts, staff, and concerned citizens to review and comment on the Development Agreement, CUP, and EIR. Town Hall meetings have been held with AQMD, and attended by legislative representatives from the State, County, and Federal levels, along with the City of Hope. The City’s webpage alone has posted upwards of 60 documents from just the past year associated with opposition to the mining expansion. When Vulcan and Azusa officials have asked to meet with Duarte officials, Duarte has always obliged. One such time was earlier in January, when in response to their request, the City of Duarte made a proposal asking for jurisdictional control of adjacent property to protect against future expansion, as well as compensation for damages and financial guarantees to Duarte to assure delivery of the promised reclamation, as part of an overall settlement. This too was refused by Vulcan and the City of Azusa. Duarte hoped that its concerns could be addressed through those discussions.

Duarte’s concerns are significant, but simple:
• Develop a Mining Plan That Protects All Residents of the San Gabriel Valley: For years, Duarte has advocated a plan to save the Van Tassel Ridge. Unfortunately, Duarte’s plan was dismissed without any meaningful analysis.
• Environmental Protections for San Gabriel Valley Citizens: Duarte urged Vulcan and Azusa to install on-site air quality monitoring stations at the Vulcan facility. That basic mitigation and monitoring strategy was rejected without meaningful discussion.
• Preparation of a Complete and Adequate Environmental Impact Report: Duarte submitted literally hundreds of comments concerning the many flaws in the environmental analysis of the Vulcan EIR. Those comments have been dismissed or ignored.
• Conduct a Legal Public Process: Duarte warned Azusa that its “reconsideration” of Vulcan’s mining entitlements and development agreement violated the Brown Act’s agenda and noticing requirements. Again, Duarte’s warnings were ignored.

These efforts, and many others, were designed to avoid litigation with Azusa and Vulcan. In fact, Duarte hired its own geotechnical consultants to generate the “Good Neighbor Plan” and to independently analyze the volume of aggregate on the site. Those efforts centered on finding a solution for all parties. Duarte also allowed its own legal team to review Azusa’s development agreement for the purpose of making it better, so that all of the Citizens of the San Gabriel Valley would have more assurances that the “benefits” promised by Vulcan would actually be delivered.

It is frequently reported to the public that Duarte put aside $700,000 to fight the Vulcan mining plan. But a closer look at how that money has been spent so far shows that Duarte has used its resources to improve upon the profoundly flawed plan generated by Vulcan and approved by Azusa. The simple reality is that litigation was, and always has been, a last resort. Duarte sought, first and foremost, to have Vulcan and Azusa address Duarte’s legitimate concerns about the significant, adverse, and long term impacts of Vulcan’s mining plan.

Despite its best efforts, Duarte is simply out of options. Litigation is a measure of last resort, and Duarte finds litigation against a neighboring city particularly distasteful. Unfortunately, because all of Duarte’s other efforts have been ignored, and because the Vulcan Mining Plan poses unnecessary and substantial threats to the safety, desirability, and beauty of the San Gabriel Valley, Duarte must resort to the courts to protect its rights and the rights of the broader San Gabriel Valley community. To that end, the Duarte City Council has authorized the commencement of litigation against the City of Azusa and Vulcan, challenging the environmental review and entitlement approval process utilized for the Vulcan mine expansion project.

Duarte Mayor Margaret Finlay said she hopes the citizens of Duarte understand that the decision to proceed with litigation was not taken lightly.

“This is something that is going to go way beyond my lifetime in the impact that it is going to have on this valley. When mining started in the 1920’s there were less than 100,000 people that lived in the San Gabriel Valley and it was pick ax and shovel. And today to think of blowing 600 to 800 feet off the top of a mountain when you have more than 2 million people that live in this valley that is unconscionable. There are other places to mine aggregate. You can look at a federal land swap, there are a lot of things that we can look at but Vulcan never wanted to do it. This is a last resort for us. This is something we have to do. We have to take a stand because this is for people who will be here long after I’m here. They are going to have to take a look at that lousy looking hillside and in between now and then we’re going to be sucking a whole lot of dust.”

For more information about Duarte’s Fight Against Vulcan Expansion, call Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 223.

Documents related to Vulcan Mining Proposal

San Gabriel Valley Editorial, July 12, 2010

Chu Support Letter, July 6, 2010
Supervisor Antonovich Letter, July 6, 2010
Sierra Club Letter to Azusa, July 6, 2010
July 6, 2010 Letter from Duarte to Azusa
Brown Act Letter from Duarte to Azusa, July 2, 2010
Good Neighbor Presentation

Azusa Conditional Use Permit
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