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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 PAGE 11