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58R-4664 ,- - r, RESOLUT I ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI M I N PROTEST TO THE ~RANT I NG OF USE VARIANCE NO. 3703 BY THE COUNTY OF ORANGE, STATE OF CALIFORNIA FOR THE E~CAVATION OF GRAVEL IN THE SANTA ANA RIVERBED. 4664 WHEREAS, careful and thorough study has been made of the various conditions pertinent to the application for Use Variance No. 3703, presently pending before the Board of Supervisors of the County of Orange, $tate of CalIfornia, Including the presentations and reports by the applicant, protestants, and the Orange County Flood Control Engineer and by the Administrative Officer of the City of Anaheim, and WHEREAS, the approval of Use Variance No. 3703 would permIt the excavation of gravel from existIng percolation beds of the Santa Ana RIver, which beds provide percolation of natural water flows Into the underground water basin, and WHEREAS, considerable time, money and effort have been ex- pended by the people of the City of Anaheim together with the people of Orange County to increase the water supply entering Orange County, to conserve the present water supply, and to supplement that supply In every manner possible, Including the Importation of Colorado River water Into Orange County and providing for Its percolation Into the underground basin for subsequent use by the people of Orange County, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOIS HEREBY RESOLVE: 1. That the City of Anaheim does hereby protest against the approval of Use Variance No. 3703, as contrary to the best Interest of the people of the City of Anaheim 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 appllcaat will 1"""'\ result In substantial interference with the water supply of Orange County. ~ !II i - r (b) The grantIng of Use Variance No. 3703, In whole or In part, will make It extremely difficult to deny other owners of property underlain with gravel and overlying the ground water basin re- charge area to excavate the gravel beneath their lands. Such action would seriously Interfere with the natura!l replenishment of underground waters. o (c) The proposed excavation to an 80-foot depth Is to bedroc~completely elIminating the gravel percolation area In the excavated section. After excavation, grQund waters will stand In the remaining pit to a depth of 60 or more feet, allowing the settling of the sIlts contained In such water; hence~ seaUng the bottom and sides of the pit and preventing lateral or vertical movement of ground water Into the basin. (d) Silt and clay layers proposed to be excavated will not be removed from the area, but either redeposited In the pit and allowed to seal the sides of the pit or else to flow downstream, causing damage to existIng spreading grounds. (e) The land Included In this application Is suitable for several other uses such as farming or recreational uses, which will not Interfere with the ground water movement; hence, the applicant would not be denied the use of his land by the denial of this varIance. The right of the Indlvleual In this Instance to re- cover a natural resourse underlying his property must be viewed from the standpoint of the extreme detriment to the County as a whole. Such a denial is similar to the prohibition of 011 drIlling In certain areas of proven 011 fIelds, or the restriction of some areas to residential purposes where, perhaps, such properties would be more valuable Individually for manufacturing or commercial uses. (f) The statement of the applicant that rock Is a valu~le natural resource and Is needed for construction purposes In Orange County and elsewhere Is true. However, this need does not Justify . -- - endangering or destroying the County1s most important natural resource-- r its water supply. With inadequate water available to the County, the need for rock for construction purposes no longer exists. 2. That the City Clerk of the City of Anaheim, be and she Is hereby a.thorl zed and dl rected to deliver to the Soard of Supervl sors of the County of Orange a certified copy of this Resolution for the purpose of havln, said Resolution entered upon the records of the said Soard of Supervisors as evidence In protest against the Issuance of Use Variance No. 3703 of the County of Orange. ADO".U, SIGNED AND AP~OVED this ... 22nd day of July, 1958. ~~~~ Mayor of the City of Anaheim ATTEST: J!..k- ~I./ ~-~ CIty Clerk of the ty of Anaheim r., - " STATE OF ClLIPOlJiIA~ coum OP OIAJIGE' S5. eIn QJ.AIAHIDl. ' .' I, DUE .. JTI.LT~., ,City Cl.'''~Qfthe City ~f .......1a, do he~by certify that the foretolftg Retlelution w..intrOduced .'1'd ._ted at al'e'Pl~ ...tbfl;FovS.~ by law of .~. City Council of the City of Anallei., held OR the 22nd day of Jlily, 1958, by the,.foUGlIdagYOtel , AYES,. COUJl:lUlilh Pearsoa,~.n Pry and Coon,s ,.". .. .." . ,. j MOESa COUIICIIJGH.I .1Ioae ABSEHTa COUNCIIJlElh Schutte . , '. . . .uo. 1. BImlD CElTIFY that ~ ~~. fi).f the City of Anaheill approved and. sigud said Resolution oa the 22ndciay of July, 19!)8. IN WITNISS IHDEOF, I have hereunto set Jrf bud and. affixed the official seal of the City of Anaheu this .22nd day of July. 1958. ~ _;:r~ CITY OF nm CITY OF A1WtElJl ( SEAL) " ~ ji