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HomeMy WebLinkAboutCC Res 999 1958-07-15 .' , ...~ ..:.. i~ 1 2 . ,~ 3 4 5 6 7 '8 9 10 11 12 13 I:' ,14' 15 16 17 18 19 20 .21 22 23 24 25 I 26 27 28 29 30 31 32 , , r. ~ .' ...~: ~:~; ~~L OF~1~;;':7~?~~ 1 ~t".J-rTO 810 TMEN I=;,O,,~' TI-IE CITY CLERK'S OFFICii LUTION NO. 999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN PROTEST OF THE GRANTING OF THE USE VARIANCE 3703 BY THE COt,1NTY OF ORANGE.. STATE OF CALIFORNIA FOR THE EXCAVATION OF GRAVEL IN THE SANTA ANA RIVER BED ,I ." r .. .' The City Council of the City of SeaL Beach does resplve as follows: WHEREAS, careful and compLete study has been made of all factors relating to the application for Use Variance No, 3703 presently pending before the Board of S~pervisors of the County of Orange, State of California, said study including the presentations arid reports by the applicant, the protestants and the Orange County Flood Control Engineer, and WHEREAS, the approval of Use, Variance 3703 wou.Ld permit the excavatto of gravel from ce'I'tain portions Of the bed of the Santa Ana River now forming a portion of the water spreading area by the Orange County Water District, and WHEREAS, the people of Orange County have spent millions of dollars to inorease the natural water supply entering Orange County, including the deveLopment and use of spreading basins, dams, stabilizers, lawsuits, pipe- lines and clearing of wasteland, and the importing of Colorado River Water into Orange County to provtde for the percolatiOn of water into the undergroud basin for subsequent us~ by the peopLe of Orange County, including th.e land areas now proposed for conflicting use under Use Variance 3703. NOW1 THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEA DOES HEREBY DETER~E, RESOLVE, AND ORDER AS FOLLOWS: 1. That the City of SeaL Beach desires and by adoption of this Resolution does hereby protest against ~he approval of Use Variance 3703, as and against the public interest and general weLfare of the people of the County of Orange for the following reasons: (a) Excavation of gravel as proposed by the applicant will result in substantial interference with the water supply of Orange County. (b) If Use Variance 3703 is grapted, other owners of property underlain with gravel and overlying the ground water basin re-charge area from Horsehoe Bend to as far down stream as Olive couLd not be 1. . r; I~ I " " Resolutio~Num5er . (d .. "" " .. 1 2 denied the right to excavate the graveL beneath their land. (For example, I rock companies have for years desired to excavate rock in the area near :5 Taylor Street between the Santa Ana River and Or/l.ngethorpe Avenue. ) 4 The ultim.ate result would be compLete and irrevocable destruction 5 of our only means of replenishing the underground basin with natural 6 Santa Ana River water. 7 (c) There is no comparison between the excavation proposed by 8 the applicant and the excavations currently being made in the Santa Ana 9 River by the Orange County Flood Control District and the Orange County 10 Water District. These Latter excavations are very sh/l.llow (10 to 15 feet) 11 and are simply a cleaning and deepening of the river bed to improve its 12 water spreading capacity and its flood control capacity. The excavation 13 of a 65-acre parceL near Atwood by the Orange County Water District 14 15 to a depth of 30 feet is in an area where percolating ground water is at least 130 feet below the ground surface, and only clean Metropolitan 16 Water District water is to be spread in this excavation. On the other 17 hand, the excavation proposed by the applicant will be 80 feet deep 18 (to bedrock) and completely across the valley floor. Percolating ground 19 water will stand in the pit to a depth of 60 to 70 feet and silty river water, 20 both normal and flood flows, will spUl into the pit, thus sealing the bottom 21 and sides of the pit and preventing movement of ground water. 22 (d) Silt and clay layers shown on the applicant's drawings as being 23 within tile area to be excavated wilL not be removed from the area, but 24 instead wUl be redeposited in th~ pit and allowed to seal the sides of the 25 pit or to flow down stream to cause damage to spreading grounds. This 26 27 will be very similar to the recent damage caused by silt and cLay which escaped from the Star Rock Company operation in Gypsum Canyon, a 28 short distance up stream from the applicant's property. 29 (e) This Land is suited fOr several other uses such as farming or 30 recre/l.tional use which can be profitable to tile owners and which will not I 31 interfere with ground water movement. Zoning reguLations are based on t e 32 fundamentaL premise that no property owner has the right to exploit his 2. I. I, I ..~ ~ .: ..- ~ . III I:' , ... Resolution Number tA, d, '" . 1 2 property at the expensa of his neighbor and others. Thus we prohibit oil drilling in certain areas of proven oiLfields, we restrict manufacturing 3 plants to certain areas, we specify the size of residential Lots, etc. 4 These regulations- may appear as depriving the owper of the mos~ 5 profitable use of his land, particularly when viewed aa an isolated case. 6 However, when viewed from the overall standpoint, these reguLations 7. result in the great'est benefit to both the community as a who-le and to 8 each land owner. Therefore, there is no justiciation for the statement 9 that this excavation should either be allowed or the County should buy 10 the property. 11 (f) Large portions of Santiago Creek have been ruined for any 12 future use by the excavations which have been made in that area. 'rhe 13 area is an eyesore and is an exampLe of what can happen in the Santa 14 15 Ana Canyon. I (g) Rock is a valuable natural resouce and is needed for construc- I' 16 tion purposes in Orange County and eLsewhere, However, this need 17 do does not warrant endangering or destroying our most important naturaL 18 19 20 21 resouce - our water suppLy. Adequate rock of the required quaLity and 'I at reasonable cost is available from elsewhere in Orange County and adjacent areas. 22 2. The City Cle,rk of the City of SeaL 13each be and he is hereby authorized 23 and dirl;!cted to deliver to the Boad of Supe7vi.sors of the County of Orange a 24 certified copy of this Rellolution for the purpose of having said Re soLution entere 25 upon the records of the said Board of Supervisors as evidence in protest against 26 the issuance of Use Vattance 3703 of tile County of Orange. 27 PASSED, APPROVED AND ADOPTED by the City Council of the City of 28 SeaL Beach at a regular meeting thereof held on the 15th day of July, 1958 29 Mi'~BEACB 30 ATTEST: ~~;~.., 31 ...Jo 32 3. I: " I". :1 ~:ro _r. ;;. ,\i> ResoluttOn' Nhmber :* ,,!j ,-.)0 ~,I' 1" STA TE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 2 CITY OF SEAL BEACH ) 3 I. F. W~ HICKMAN, City CLerk of the City of Seal' Beach, and ex-officio 4 Clerk of the City Council, do hereby certify to the pas.sage and adoption of 5 the foregoing Resolution by the City COUncil at a reguLar meeting thereof heLd 6 on the 15th day of July, 1958, by the following vote: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Councilmen ;:A~,vA.~.#~ ilD"'G"~ ).."'oA'-4It~ ;w....,Il..&) 1ft) Councilmen .-vP,AlG Councllmen .k't:J.AlI::-~ AYES: NOES: ABSENT: .. ~ //e#'Kee~. ~ (.;lTX (;L.I;!;~K 4.