09.03 First Reading ORD 04-18 Tree Preservation1. SUBJECT
Ordinance No. 04 -18. An Ordinance of the City Council of the City of Orange amending Chapter
12.32 of the Orange Municipal Code regarding tree preservation.
2. SUMMARY
The proposed ordinance would affirm the City Council's desires and intentions regarding tree
preservation within the city.
3. RECOMMENDATION /ACTION
Adopt Ordinance No. 04 -18.
14. FISCAL IMPACT
None anticipated.
5. STRATEGIC PLAN GOADS)
1. Provide for a safe community
d) Assure the development of the City occurs in a fashion that maximizes public safety.
2. Enhance and promote quality of life in the community
Strategy:
a) Support and enhance attractive, diverse living environments.
6. DISCUSSION and BACKGROUND
In 1973, the City adopted a comprehensive ordinance, codified in Orange Municipal Code Chapter
12.32, pertaining to the preservation of trees within the City. This established a procedure to
preserve certain trees while allowing for the removal of trees pursuant to a permit issued only when
certain findings can be made. The City Council never intended, and the Ordinance does not state,
that the Tree Preservation Ordinance would only apply to trees on the historic tree list.
At two recent hearings seeking permits for the removal of certain trees, the City Council made
clear that it interpreted this Chapter intended to preserve not only trees on the Historic Tree list,
but also those trees of historical value, in a Historic District and also on public interest property.
This ordinance more clearly defines these terms.
Litigation has now been threatened which could allow for the destruction of a tree that this City
Council wishes to preserve, wherein said litigation is threatened due to a claimed ambiguity in the
Code. This Ordinance is necessary for the immediate preservation of the public health, safety and
welfare of the community. The City Council has previously determined that the public health,
safety and welfare of the surrounding environment of the citizens of Orange are best protected by
the utilization of an integrated tree preservation ordinance and the protection of mature trees,
pursuant to the purpose and intent findings contained in Section 12.32.010 as previously adopted
and now amended. The number of mature trees may be decreased if this ordinance is not passed,
which may result in harm to the environment and the public health, safety and welfare.
This ordinance is brought for a first and second reading as a companion ordinance to Ordinance
03 -18, as protection in the unlikely event that the urgency findings of Ordinance 03 -18 were to be
successfully challenged.
8. ATTACHMENTS
• Ordinance No. 04 -18
• Chapter 12.32 redline
ITEM 2 02/13/18
ORDINANCE NO. 04-18
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.32
OF THE ORANGE MUNICIPAL CODE
REGARDING TREE PRESERVATION.
WHEREAS, the City Council of the City of Orange has previously adopted a
comprehensive Ordinance pertaining to the preservation of trees within the City, as set forth in
Orange Municipal Code Chapter 12.32; and
WHEREAS, that Chapter established a procedure to preserve certain trees while
allowing for the removal of trees pursuant to a permit issued only when certain findings can be
made; and
WHEREAS, the City Council never intended, and the Ordinance does not state, that the
Tree Preservation Ordinance would only apply to trees on the historic tree list; and
WHEREAS, the City Council wants to make clear its intention to preserve not only trees
on the Historic Tree list, but also those trees of historical value, not only in a Historic District
but also on public interest property, as those terms are more clearly defined by this urgency
amendment to the Code; and
WHEREAS, litigation has now been threatened which could allow for the destruction of
a tree that this City Council wishes to preserve, wherein said litigation is threatened due to a
claimed ambiguity in the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
HEREBY ORDAINS AS FOLLOWS:
SECTION I
That the recitals contained herein are true and correct, and form the basis for the adoption
of this Ordinance.
SECTION II:
Section 12.32.010 of the Orange Municipal Code is amended to read:
"Intent and Purpose.
A. The City of Orange, in order to prevent further destruction of its once vast number of
majestic trees and orchards and other mature trees, finds it necessary to place reasonable
restrictions on such acts of removal and destruction. The primary purpose of the subject
provisions is to regulate the removal and destruction of trees from undeveloped and public
interest property as those terms are defined in Sections 12.32.040 and 12.32.050. (Ords. 03-
18, 35 -73)
CITY COUNCIL MINUTES FEBRUARY 13, 2018
9. LEGAL AFFAIRS (Continued)
9.3 Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree
preservation. Ordinance No. 04 -18 (First Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the
Orange Municipal Code regarding tree preservation.
Public Speaker:
Paula Meyer, attorney for William Warne — spoke in opposition of adopting the Ordinance.
MOTION — Smith
SECOND — Murphy
AYES — Whitaker, Smith, Murphy, Nichols
NOES — Alvarez
Moved to approve Ordinance No. 04 -18 for First Reading and same was set for Second
Reading by the preceding vote.
9.4 Ordinance and Resolution amending the City's contract with Ca1PERS to provide
Section 21574 benefits to local safety members. Ordinance No. 05 -18 (First Reading).
Resolution No. 11063. (A2500.0)
An Ordinance of the City Council of the City of Orange amending the City's retirement
contract with Ca1PERS to provide Section 21574 (Fourth Level of 1959 Survivor Benefits)
to local safety members; and a Resolution of intention to approve an amendment to contract
between the Board of Administration California Public Employees' Retirement system and
the City Council of the City of Orange.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Ordinance No. 05 -18 for First Reading and same was set for Second
Reading by the preceding vote.
MOTION — Nichols
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11063.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
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