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Vulcan Holds Duarte Wilderness Day Family Event Hostage To Advance Mining Expansion Plan
Arcadia Weekly Apr 15, 2010
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The Monrovia Weekly just recieved this press release from the city of Duarte:
– “In a calculated and premeditated move, Vulcan Materials Company has decided at the 11th hour to slam its gates shut and prevent access through its property to Fish Canyon Falls for the Annual Duarte Wilderness Day affecting over 300 pre-paid participants. The Wilderness Day event at Encanto Park in Duarte will go on as scheduled and feature alternative hiking opportunities in addition to the traditional BBQ and park activities. However, due to the sudden change in the program, the City of Duarte will waive its no-refund policy for this event.
“Vulcan Materials Company has been looking to cancel this event for weeks,” said Duarte Mayor Margaret Finlay. “This unbelievable action interrupts a wholesome tradition of hiking the falls, and reinforces the City of Duarte’s ongoing concerns dating back to 1988 regarding public access to Fish Canyon Falls.”
Vulcan’s action stems from its unwillingness to negotiate in good faith with the City of Duarte over an indemnification agreement that was sprung on the City at the close of business Monday. Vulcan has never required an indemnification agreement, nor have any of its predecessors in all the past years of the annual event.
“Duarte never refused to sign a reasonable indemnification agreement for the Wilderness Day event,” cited City Manager George. Adding, “It was Vulcan that refused to even discuss with the City of Duarte reasonable revisions to the agreement.”
The City of Duarte rightfully refused to sign the indemnification agreement presented by Vulcan because it included language that could have been used by Vulcan to potentially prevent the City from suing on the company’s proposed mining expansion project. It also would have required the City of Duarte to indemnify Vulcan even if through Vulcan’s own negligence anyone, including one of its own employees, was injured during the event.
City of Duarte officials met with Vulcan representatives Jim Gore and Todd Priest, Azusa City Manager Francis DeLach, Assistant City Manager James Makshanoff, and Azusa Police Chief Robert Garcia, on Thursday April 8, 2010 at Azusa City Hall to discuss the Wilderness Day event, and none of them said anything about the need for an indemnification agreement. The meeting, originally called to address Vulcan’s concern over how to address any situation that may arise, concluded with all parties in full agreement over the discussed plan.
“Vulcan proposes to blow off the entire top of the mountain. Then they deny access to the falls because they fear our families will vandalize their property. Vulcan’s real fear is people seeing up close what they have done and will continue to do to our mountains,” commented Councilmember John Fasana.
The 21st Annual Wilderness Day will feature a series of alternative hikes led by City Recreation leaders, park activities, including a 24-foot climbing wall, and hands-on nature experiences. The Duarte Historical Museum located in Encanto Park will also be open for visitation from 10 a.m. to 3 p.m. Admission is free. Due to the late change in events, the City of Duarte will waive its no refund policy. For more information or to register for the event, call the Parks and Recreation Department at (626) 357-7931.”
