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advisors. The Rule is not being tabled and no change is being made to the <br />Rule as a result- of this comment. <br />E. City staff has worked with the development community for several months in <br />developing the Standards for Geological and Geotechnical Analysis contained herein. After <br />reviewing the comments received, and making some revisions in response to the comments, staff <br />recommended that the public be provided an additional opportunity to comment. on the rules and <br />proposed revisions. I concurred with the staff's recommendation, and caused a notice to be <br />published on January 12,13,14,15, and 16, 2003 advising that comments would be received thereon <br />for a period of 1 S days from the first publication date, or at a public hearing to be held on January <br />22, 2003. <br />F. No written comments were received in response to the notice or at the public hearing <br />except the following comments from the Law Office of Bill Kloos, PC, which were submitted on <br />behalf of their client Tom Poage of Poage Engineering & Surveying, Inc., at the public hearing held <br />on January 22, 2003, to which I make the following specific findings: <br />Comment 1: The Standards for Geological and Geotechnical Analysis should be adopted <br />with pre- and post-adoption notice provided to DLCD. <br />Finding: The City has provided pre-adoption notice to DLCD, and will provide DLCD, <br />within five-days of adopting the Rule, post-adoption notice. <br />Comment 2: The Standards for Geological and Geotechnical Analysis should be adopted <br />by ordinance, not administrative rule. <br /> <br />Finding: .This administrative rule implementing the policy set forth in EC 9.6710 is not <br />a legislative act; rather, it is, by definition, an administrative act. The rule <br />does not contain criteria beyond those required in Chapter 9. Thus, the City's <br />enactment of this Rule is consistent with ORS 227.186(2) and need not be <br />adopted by ordinance. Also, EC Section 9.6710 is an acknowledged land use <br />regulation (Chapter 9) establishing the requirement for a geological and <br />geotechnical analysis and directs the City Manager to adopt administrative <br />rules setting forth the "standards, procedures and content" of the required <br />analysis. No change is being made as a result of this comment. <br />Comment 3: The City should consider waiting until the Oregon State Board of Examiners <br />for Engineering and Land Surveying (OSBEELS) issues its new rules <br />governing geotechnical analysis and engineer certification before enacting <br />this Rule so that they are consistent with the state rules. <br />Finding:. A group of professional engineers who believe that Certified Engineering <br />Geologists do not have sufficient training and understanding in engineering <br />principles to design facilities encouraged OSBEELS to recognize <br />Geotechnical Engineers and address geotechnical engineering standards. In <br />contrast, the Oregon State Board of Geologist Examiners (OSBGE) has set <br />the standards for Geologists and they have adopted guidelines for preparing <br />engineering geologic reports in Oregon. There is a belief in the geological <br />field that engineers lack sufficient training in Geology. This difference of <br />opinions has been an issue put before both Boards for more than three years <br />and it is uncertain as to when decisions will be made. This rule was sent to <br />r'- <br />Administrative Order - 7 <br />R:\ADMINORD\RULES\03geotech2ao.wpd(03/26/03) <br />