ORD 413 ORDINANCE NO. 413
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO CHAPTER 2.40 (GEOTECHNICAL
BOARD OF APPEALS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE.
WHEREAS, on August 15, 1986, the City Council adopted Ordinance No. 210,
thereby establishing a Geotechnical Board of Appeals for the purpose of hearing
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
determined; and,
WHEREAS, on September 2, 1986, the City Council adopted Resolution
No. 86-57 establishing a $1,100 fee (trust deposit) for appeals to the Board; and,
WHEREAS, on January 19, 1987, the City Council appointed the first
Geotechnical Board of Appeals to 3-year terms and subsequently re-appointed the
Board members to 3-year terms on February 20, 1990; and,
WHEREAS, there is no record in City files of Board Minutes, Agendas or Staff
reports, nor has there been any other reference to the Board in City files since
December 18, 1990, when the late Dr. Perry Ehlig was reappointed as Board chairman;
and,
WHEREAS, the appeal fee established by Resolution No. 86-57 has not
appeared in any City fee schedule since July 7, 1992; and,
WHEREAS, on August 17, 2004, the City received a timely appeal of the City
geotechnical consultant's conceptual approval of the geology and geotechnical reports
for a new home on a bluff-top lot in the Lunada Pointe neighborhood, pursuant to the
provisions of Ordinance No. 210, as codified in Chapter 2.40 of the Rancho Palos
Verdes Municipal Code; and,
WHEREAS, although the Geotechnical Board of Appeals has been disbanded,
in effect if not in fact, it is necessary to revise the provisions of Chapter 2.40 of the
Rancho Palos Verdes Municipal Code that are outdated and no longer applicable so
that a new Board may be appointed to hear this pending appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 2.40 of Title 2 of the Rancho Palos Verdes Municipal Code
is hereby amended to read as follows:
Chapter 2.40
GEOTECHNICAL BOARD OF APPEALS
Sections:
2.40.010 Created.
2.40.020 Members.
2.40.030 Meetings.
2.40.040 Record of Board Actions.
2.40.050 Compensation.
2.40.060 Quorum.
2.40.070 Procedure.
2.40.010 Created.
A geotechnical board of appeals is created and established to hear appeals from
the determinations of the city engineer or the city geologist as to whether or not, by
reason of geologic or soils conditions, a building site or proposed grading work is safe
or unsafe; a geologic or soils report is required before the safety of such site or work
can be determined, or to resolve a dispute between two or more geotechnical engineers
or geologists about the geologic conditions that are present on a particular site or the
actions that a project applicant must take to address the site conditions as part of the
development of the proposed project. Such geotechnical board of appeals is
hereinafter in this chapter referred 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
interpretations of data, opinions, conclusions or any one or more thereof contained in
such reports. As an alternative to the process established by this chapter, the City
Council may appoint a panel of geotechnical experts to address significant and ongoing
geologic issues that affect just a particular property.
2.40.020 Members.
The board shall consist of three members and two alternates who shall be
appointed by a majority of the entire city council and who shall serve at the pleasure of
the city council. Two of the members and one alternate shall be qualified by education,
state registration, training, experience and prominence in the field of engineering
geology, and one regular member and one alternate shall be qualified by education and
state registration as civil engineers, and by training, experience and prominence in the
field of soils engineering. The term of office for each board member and alternate is
four years, and shall continue thereafter until a qualified successor has been appointed
by the city council. Should any vacancy exist on the board, an appointment shall be
made in like manner for the unexpired portion of the term. The director of planning,
building and code enforcement, in consultation with the city attorney, shall designate
the three members of the panel that will address a particular appeal as follows: at least
one of the panel members shall be qualified by education, state registration, training,
experience and prominence in the field of engineering geology, and at least one panel
Ordinance No. 413
Page 2 of 5
member shall be qualified by education and state registration as a civil engineer, and by
training, experience and prominence in the field of soils engineering. After consulting
with the two members of the panel from each of the aforementioned disciplines and the
city attorney, the director shall designate the third member of the panel from the
discipline that is most relevant to the issues that were raised by the appeal. No two
members of any panel shall be affiliated with each other, and no panel member shall be
affiliated with any of the parties to the appeal or any of their experts. The director's
decision regarding the members of each panel shall be final.
2.40.030 Meetings.
The board shall hold at least one regular meeting during each calendar year at
such time and place as is designated in the rules and regulations of the board. Special
meetings may be called by the chairperson or by 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.
2.40.040 Record of Board Actions.
The director of planning, building, and code enforcement, or his or her designee,
shall act as the secretary of the board. The board may adopt rules and regulations for
the transaction of its business and shall keep a record of all its resolutions, actions,
findings and determinations. Minutes, resolutions, and official records shall be filed with
the city clerk.
2.40.050 Compensation.
Each member of the board shall receive compensation to review reports that
have been prepared regarding particular projects and to attend meetings of the board at
the hourly rate that said member typically charges to perform similar work for its clients,
which shall be set forth as an exhibit to the board member's agreement with the city.
The rates to perform work as a board member shall be within a reasonable range of
rates that are typically charged by other experts in the particular discipline. Board
members shall be reimbursed for transportation and meals pursuant to the same policy
guidelines that are applicable to city employees. Invoices for work performed and
allowable expenditures shall be submitted monthly for the preceding month and shall be
supported by adequate documentation, as determined by the director of finance or his
or her designee. Undisputed invoices shall be paid within thirty calendar days of
receipt.
2.40.060 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.
Ordinance No. 413
Page 3 of 5
2.40.070 Procedure.
A. Appeal. An appeal may be filed by any person dissatisfied with a decision
or decisions of the city engineer or city geologist as to whether or not, by reason of
geologic or soils conditions, a building site or grading work is safe or unsafe; a geologic
or soils report is required before the safety of such site or work can be determined, or to
resolve a dispute between two or more geotechnical engineers or geologists about the
geologic conditions that are present on a particular site or the actions that a project
applicant must take to address the site conditions as part of the development of the
proposed project. Such appeal shall be filed in writing with the secretary of the board
within thirty days after the date of the city engineer's or city geologist's decision and
must be supported by a written opinion or letter from a geotechnical engineer or an
engineering geologist, which must be submitted to the secretary concurrently with the
appeal. At the time of filing the appeal, the appellant shall pay the filing fee established
by resolution of the city council and shall deposit funds to be held in trust by the city, as
estimated by city staff, to pay for the full cost of having the board review the disputed
decision. Appellant shall deposit such additional amounts to be held in trust, following
written notice from city staff that additional funds are necessary to pay for the full cost of
having the board review the disputed decision.
B. The form and notice of the appeal shall include the name and address of
appellant, the street address or legal description and location of the premises covered
by the appeal, and a statement of the grounds of the appeal or how there is an error in
the decision being appealed.
C. Hearing. Upon accepting a notice of a complete appeal, the secretary of
the board shall set the matter for consideration before the board not more than ninety
days after the acceptance of the notice of appeal. The secretary shall give notice in
writing to the appellant and any affected party not less than ten days prior to the
hearing. At the meeting on appeal, the board shall hear the appellant and any affected
party and shall consider the testimony and any other written evidence, which in its
opinion is material. The city engineer or city geologist or his or her authorized
representative shall attend said meeting to explain the basis for the decision being
appealed.
D. Decision. Based upon the evidence presented at the hearing, the board
shall affirm, reverse or modify the disputed decision. Said decision shall be rendered
within thirty days following the last meeting at which the board considered the appeal.
Within ten days after the decision of the board is rendered, the secretary shall notify the
appellant and any other affected party of the decision."
Section 2: After the effective date of this Ordinance, it shall apply to the review
of geology and/or geotechnical engineering reports for any project or site, and any
subsequent or pending development applications, that had not been acted upon by the
City as of the effective date of this Ordinance.
Ordinance No. 413
Page 4 of 5
Section 3: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF OCTOBER 2004.
49 . 44► j
fr.:, Mayor
Attest:
1 p )II iv--, ., / / f,.,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; the
foregoing Ordinance No. 413 passed first reading on September 21, 2004, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on October 5, 2004, and that the same was passed and adopted by the following roll
call vote:
AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner
NOES: None
ABSENT: None
ABSTAIN: None
/ .A,/ 0_ ' C..
City Clerk
Ordinance No. 413
Page 5 of 5
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on October 5, 2004, she caused to be posted the following document
entitled: Ordinance No. 413 -AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AMENDMENTS TO CHAPTER 2.40 (GEOTECHNICAL
BOARD OF APPEALS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
‘*--at
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 413-Geotechnical Board of Appeals.doc