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ORD 210 ORDINANCE NO. 210 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A GEOTECHNICAL BOARD OF APPEALS AND AMENDING THE RANCHO PALOS VE RDE S MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: Title 2 of the Rancho Palos Verdes Municipal Code is amend- ed by adding Chapter 2.40 to read: Section 2.40.010. Created. A Geotechnical Board of Appeals is hereby created and established to hear appeals from the determinations of the City Engineer as to whether or not, by reason of geologic or soils conditions , a building site or proposed grading work is unsafe, or a geologic or soils report is required before the safety of such site or work can be determin- ed. Such geotechnical Board of Appeals is hereinafter in this Chapter re- ferred to as the Board. The Board shall serve as a board of review of the adequacy of geological and soils reports and shall provide for interpreta- tions of data, opinions, conclusions or any one or more thereof contained in such reports. Section 2.40.020. Members. The Board shall consist of three members and two alternates who shall be appointed by a majority of the entire Coun- cil and who shall serve at the pleasure of the City Council. Two of the members and one alternate shall be qualified by education, state registra- tion, training, experience and prominence in the field of engineering geol- ogy. One regular member and one alternate member shall be qualified by ed- ucation and state registration as Civil Engineers, and by training, experi- ence and prominence in the field of soils engineering. The term of office for each board member and alternate is four years , and thereafter until a successor has been appointed and qualified. The terms of office of the first members and alternates appointed hereunder shall expire on the date of the first regular meeting in December, 1989. Should any vacancy exist on the Board, an appointment shall be made in like manner for the unexpired portion of the term. Section 2.20.030. Meetings. The Board shall hold at least one regular meeting in each month at such time and place as designated in the rules and regulations of the Board, except that no regular meeting of the Board shall be held if the Secretary of the Board determines there is no business to be transacted, so notifies the members, and the Secretary causes notice that no meeting will be held to be posted on the door of the regular meet- ing place of the Board at least 24 hours in advance of the time said regu- lar meeting is scheduled to be held. In the event such notice is posted, no meeting may be held on said regular meeting date. Special meetings may be called by the Chairperson or a majority of the Board. If any regular member is absent from any meeting or, by reason of disqualification or otherwise, does not participate in a particular case, the alternate member shall serve in his or her place at such meeting and in such case shall be deemed a regular member. 703CP/ORD5.1 Section 2.20.040. Organization. The City Council shall appoint the Chairperson of the Board for a term of one year. The Board members shall select a Vice-Chairperson to serve in the absence of the Chairperson. The City Engineer or his representative shall act as Secretary to the Board. The Board shall adopt rules and regulations for the transaction of its business and shall keep a record of all its minutes, resolutions, actions, findings and determinations. Minutes , resolutions, and official records shall be filed with the City Clerk. Section 2.20.050. Compensation. Each member of the Board shall re- ceive compensation at the rate of fifty dollars ($50) for each meeting at- tended by such member, not to exceed two hundred dollars ($200) in any month. Board members shall be reimbursed for transportation and meals pur- suant to the same policy guidelines for City of Rancho Palos Verdes employ- ees and officials. Such compensation shall be paid on the first payroll payment date following the end of the calendar month. The Secretary of the Board shall submit to the Finance Officer at the end of each calendar month a statement showing the number of meetings of the Board attended by each member during such month, together with the expenses properly incurred by such members during the month. Section 2.20.060. Quorum. A quorum shall consist of three members of the Board. A majority vote of the members of the Board shall be required for Board action. Section 2.20.070. Procedure. a) Appeal. An appeal may be filed by any person dissatisfied with a decision or decisions of the City Engineer as to whether or not, by reason of geologic or soils conditions, a building site or grading work is unsafe, or a geologic or soils report is required before the safety of such site or work can be determined. Such appeal shall be filed in writing with the Secretary of the Board within 30 days after the date of the City Engineer's decision. At the time of filing the appeal, the appellant shall pay the filing fee established by resolution of the City Council. b) The form and notice of the appeal shall include the name and ad- dress of appellant, the street address or legal description and location of the premises covered by the appeal, and a statement of the grounds of appeal or how there is an error in the decision being appealed. c) Hearing. Upon accepting a notice of appeal, the Secretary of the Board shall set the matter for consideration before the Board not more than 40 days after the acceptance of the notice of appeal. The Secretary shall give notice in writing to the appellant not less than five days prior to the hearing. At the meeting on appeal, the Board shall hear the appellant and consider his testimony and any other evidence which in its opinion is material. The City Engineer or his or her authorized representative shall attend said meeting to explain the basis for the decision being appealed. 703CP/ORD5.2 -2- Ordinance No. 210 d) Decision. Based upon the evidence presented at the hearing the Board shall affirm, reverse or modify the decision of the City Engineer. Said decision shall be rendered within 30 days following the last meeting at which the Board considered the appeal. Within 10 days after the deci- sion of the Board, the Secretary shall notify the appellant of the deci- sion. PASSED, APPROVED, and ADOPTED August 5, 1986 \ ,.-4- ---- MAYOR ATTEST: I AAIL _ CITY CLERK ST' ' OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VE RDE S ) I , JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby cer- tify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 210, passed first reading on July 15 , 1986, was duly and regularly adopted by the City Coun- cil of said City at a regular meeting thereof held on August 5, 1986, and that the same was passed and adopted by the following roll call vote: AYES: HUGHES, RYAN, BACHARACH, McTAGGART & MAYOR HINCHLIFFE NOES: NONE ABSENT: NONE ABSTAIN: NONE 11/ 1 --(A A...___y 1 1 CITY CLERK OF R C r RANCHO PALOS VERDE S 703CP/ORD5.3 -3- Ordinance No. 210 • 210 FILER O/ ORDINANCE/RESOLUTION NO. SUBJECT: ESTABLISHING A GEOTECHNICAL BOARD OF APPEALS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. INTRODUCED: 7/15/86 ADOPTED: 8/5/86 POSTED/PUBLISHED ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION: City Attorney PUBLIC WORKS DEPARTMENT Richards, Watson, Dreyfuss & Gershon • 333 South Hope St. , 38th Floor ENVIRONMENTAL SERVICES Los Angeles, CA 9.0071 LEISURE SERVICES XyBOOK PUBLISHING COMPANY 201 Westlake Avenue N. _._.COKMUNITY SERVICES DEPT. Seattle, WA 98109 _CITY MANAGER PACIFIC TELEPHONE 19310 Gateway Drive, Rm 208 ,._STATI ON COMMANDER Torrance, CA 90502 26123 Narbonne Ave. Lomita, CA 90717 SOUTHERN CALIF. WATER SERVICE P. O. Box 2490 COUNTY ASSESSOR P.V.P. , CA 90274 500 Hall of Administration Los Angeles, CA 90012 REGISTRAR 5557 'Ferguson Drive __LEAGUE OF CALIFORNIA CITIES Los Angeles, CA 90022 702 Hilton Center ATTN: Margaret Miller Los Angeles, CA 90017 Election Administration • .- L.A. COUNTY DEPT. of PUBLIC WORKS RECORDER ATTN: City Services 227 N. Broadway 1540 Alcazar Street Los Angeles, CA 90012 Los Angeles, CA 90033 SCHOOL __SPCA 5026 West Jefferson Blvd. HOMEOWNERS ASSOCIATION Los Angeles, CA 90016 APPLICANT SO. CALIFORNIA GAS COMPANY 22741 Hawthorne Blvd. T.M. CABLEVISION Torrance, CA 90501 31244 P.V. Drive West, Suite 207 Rancho Palos Verdes, CA 90274 ____S0. CALIFORNIA EDISON CO. P. O. Box 2944 Sde L.A. County Fire Station Torrance, CA 90509 Miraleste Station 4000 Miraleste Plaza U.S. Post Office 28649 S. Western Ave.