Duarte Documents to District Attorney Rebut Chagnon Allegations
DUARTE, CA, December 9, 2010 – The City of Duarte has submitted documentation to the office of the Los Angeles County District Attorney that conclusively rebuts allegations made by former Azusa Mayor Diane Chagnon that Duarte spent public funds to promote a referendum challenging the Azusa City Council’s approval of the Vulcan mining expansion project.
In her complaint to the District Attorney, Chagnon, a member of the pro-Vulcan mining expansion group Canyon City Alliance, alleged Duarte hired the public relations firm, Englander Knabe & Allen, to promote a referendum. But the documents submitted by Duarte to the District Attorney confirm the work performed by the firm was not related to the referendum but rather to inform Azusa residents about the adverse environmental impacts the Vulcan mining expansion project would have and to encourage residents to attend the Azusa City Council’s public hearings on the project on May 17, 2010 and July 6, 2010. Englander Knabe & Allen completed all of its work for Duarte prior to the July 6, 2010 decision by the Azusa City Council to approve the Vulcan project and therefore prior to the referendum effort undertaken by Azusa residents.
“It’s unfortunate that Vulcan, through its supporters, has chosen to smear Duarte as a public relations ploy when the volumes of public records released to them and provided to the District Attorney confirm that Duarte has not spent public funds on the referendum,” said Duarte City Manager Darrell George. “Vulcan’s supporters know full well what the truth is and yet filed the complaint with the District Attorney anyway. We are fully confident the District Attorney will find Ms. Chagnon’s complaint to have absolutely no merit.”
The complaint also alleged that Duarte spent public funds on the referendum because Englander Knabe & Allen submitted a proposal to Duarte to work on the referendum. But that proposal was rejected by Duarte and never implemented. “Duarte never engaged the Englander firm or anyone else to work on or affect the Azusa referendum,” said George. Chagnon also alleged that the Duarte City Council illegally met in secret to discuss the Vulcan mining expansion project. “Again the allegation is false. Any discussion the Duarte City Council had in closed session concerning the Vulcan matter were proper under the Brown Act, California’s open meeting law, and were listed on the City Council agenda as required by the Brown Act,” said George.
“This is just one more attempt by a group of people who will benefit financially from the mining expansion to distract the public from the real issue Duarte cares about—the degrading of the environmental quality of Duarte and the San Gabriel Valley because of the adverse environmental impacts that will occur from the mining expansion, including destroying our mountains, worsening our air quality, and injuring the health of all of us especially our children,” said Duarte Council member Margaret Finlay.
On July 6, 2010, the Azusa City Council voted 4 to 1 to approve a revised conditional use permit, revised reclamation plan and accompanying development agreement to allow Vulcan Materials Company to move its mining operations from a partially mined 80 acres on the east side of its 270 acre property to a pristine mountain ridge on the western portion of its property above Duarte homes and schools. The approval allows Vulcan to blast 600 feet off Van Tassel Ridge over the next 28 years to extract 105.6 million tons of aggregate from the mountain. In exchange, Azusa stands to reap in excess of $67 million in advance mining fees, additional extraction surcharges and other financial incentives for Azusa over the life of the agreement to extend to 2038. The deal is also expected to generate hundreds of millions of dollars for the Birmingham, Alabama-based Vulcan, the nation’s largest producer of aggregate.
After Azusa’s decision, the Duarte City Council unanimously voted to commence litigation against the City of Azusa and Vulcan Materials Company. Duarte’s lawsuit, scheduled to be heard by Los Angeles County Superior Court in mid-February, 2011, seeks to overturn the City of Azusa’s certification of the Final Environment Impact Report and other approvals that allow Vulcan Materials Company to expand its mining project to Duarte’s border.
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, call Duarte Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 221.
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Documents related to Vulcan Mining Proposal
City Response to Chagnon Meritless Allegations, December 9, 2010
Mining plan near Sequoia park divides region, September 26, 2010, LA Times
Press Release: Lawsuit Update, September 2, 2010
Duarte vs. Azusa Petition and Complaint (Lawsuit documents)
Press Release: Lawsuit Filed, August 3, 2010
Press Release: Duarte Votes To Commence Litigation, July 22, 2010
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, 2010
AQMD Second Comment Letter on Proposed CUP, June 24, 2010
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
