EVENT REVIEW
11. The City will authorize an agency officer to carefully review each potential Violation captured by the SSC System and transmit an electronic signature to each Notice of Violation approved by the City.
12. If an event does not result in a notice of violation, it will be purged within five business days from the date it is determined that it is a non-violation event.
13. The City hereby acknowledges and agrees that the decision to issue a Notice of Violation will be the sole, unilateral, and exclusive decision of the authorized officer in such officer's sole discretion, and in no event will BLS have the ability or authorization to make a Notice of Violation decision.
FINES AND COLLECTIONS
14. BLS is responsible for issuing notices of violation, after City review and approval, and collecting all fines and fees associated therewith. The City will approve customary fine collection services on behalf of BLS to reach a final disposition for all unpaid or contested violations.
To the extent permitted by law, the City agrees to hold harmless BLS from any liabilities, claims, or expenses to the extent caused by City’s failure to provide timely notice of changes to a location’s speed enforcement schedule.
SYSTEM DAMAGES
15. The City will promptly compensate BLS for negligent or intentional damage to the SSC Systems caused by the City, its employees, or authorized agents. All costs will be deducted from the program funds in the next billing cycle(s) by BLS. BLS will notify the City of all damage to its system prior to deducting the funds required to pay for the damage.
PERSONNEL CHANGES
16. The City agrees to notify BLS of any resignations or terminations of its personnel so that they can be removed from all applicable systems. This is required to maintain Criminal Justice Information Services (CJIS) access and compliance.
17. The City agrees to provide and maintain the following information for each location enforced:
Speed limit (and schedule if speed varies by time of day) Enforcement speed threshold
Enforcement times (for example, 24X7)
SIGNAGE
18. Malibu will install the below signage no more than 500 feet before the placement of the system:
Signs stating “Photo Enforced”
Speed limit signs with flashing beacons
Speed feedback signs
PUBLIC INFORMATION & EDUCATION
19. The Malibu City Council has adopted and approved the Speed Safety System Use Policy and the Speed Safety Impact Report required by and defined in the Pilot Program.
Agreement for Professional Services
Blue Line Solutions - CA, LLC.
20. Malibu will be responsible for updating the City’s website to identify the street or portions of the street approved for enforcement using a speed safety system and the hours of enforcement whenever the City changes the locations of enforcement.
21. The City will administer a public information campaign for at least 30 calendar days prior to the commencement of the program, which will include public announcements in major media outlets and press releases.
INITIAL REVIEW AND ADMINISTRATIVE HEARINGS
22. The City Council or City Manager will appoint or contract with qualified independent examiners for reviews and administrative hearings, as required by Cal. Veh. Code § 22437(c)(4)(A) .
23. The City will set the schedule, location, and availability for examiners for review and administrative hearings.
24. The City will establish the administrative hearing processes.
25. If a notice of violation is dismissed following an administrative hearing, the City will refund any civil penalty, if paid, within 30 days.
26. The City will define the training needs for the examiners according to the minimum requirements in Cal. Veh. Code § 22437(c)(4)(B), and may reimburse the examiner for training costs if not an employee.
27. The City will work with the examiners to promote reviews and hearings within the timeframe the statutes require (within 60 days of receipt of a request for reviews and within 90 days for hearings).
SUPERIOR COURT (DE NOVO) HEARINGS
28. For Superior Court (De Novo) Hearings held pursuant to Cal. Veh. Code § 22438, the City will develop processes to inform BLS when:
An evidence package is needed.
The final outcome of the hearing is issued.
29. If the appellant prevails, the City will be responsible for refunding the Superior Court fee and any payment of the civil penalty in accordance with the judgment of the Superior Court.
INDIGENT AND LOW-INCOME VIOLATORS
30. The City will be responsible for reviewing evidence that a violator is either indigent or low-income and updating the citation(s) in NewGuard accordingly.
31. The City will be responsible for tracking community service obligations and their fulfillment if a violator elects that option.
FIVE-YEAR REPORT
32. The City will prepare the evaluation of the SSC Systems in the City to determine the SSC Systems’ impact on street safety and the SSC Systems’ economic impact on the communities where the SSC Systems are located. The City will track and provide the following information for the report:
Data, at least three months before implementation of each system, on the number and proportion of vehicles speeding from 11 to 15 miles per hour over the legal speed limit, inclusive, from 16 to 25 miles per hour over the legal speed limit, inclusive, 26 miles per hour over the legal speed limit, and for every violator traveling at a speed of 100 miles per hour or greater.
Agreement for Professional Services
Blue Line Solutions - CA, LLC.
Data, before and after implementation of the system, on the number of traffic collisions that occurred where speed safety systems are used, relative to citywide data, and the transportation mode of the parties involved. The data on traffic collisions shall be categorized by collision type and injury severity, such as property damage only, complaint of pain, other visible injury, or severe or fatal injury.
The City’s costs associated with implementation and operation of the SSC Systems above and beyond the costs for which BLS provides invoices (for example, City personnel time).
A racial and economic equity impact analysis, developed in collaboration with local racial justice and economic equity stakeholder groups.
TRAINING
33. The City will determine what training is required as part of this program. BLS will make the training materials in its Scope of Work available as part of this effort.
34. The City will schedule attendees for training and set attendance rules (for example, how much class can a participant miss before that participant is considered not to have completed the training?).
GENERAL
35. Certain items specified in BLS’s proposal require BLS to develop customized processes in NewGuard in order to comply with SB 1297. Malibu will assist BLS in identifying and communicating with third parties to answer questions, review prototypes, and provide other input necessary for BLS to develop such NewGuard configurations in a timely fashion. If BLS’s ability to complete the configurations is materially impacted by delays in obtaining necessary third-party input despite BLS’s best efforts, City and BLS shall meet and confer in good faith to adjust applicable schedules.
36. Additional specifications or City requests not included in this Scope of Work will be priced for and approved via a change request.
CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS) ACCESS
37. City and BLS acknowledge that certain Services may require access to the Criminal Justice Information System (CJIS) subject to approval by the City’s contracted law enforcement agency, including the Los Angeles County Sheriff's Department. The City shall reasonably cooperate in facilitating BLS’s coordination with such agency regarding any required CJIS Security Addendum or related approvals. The parties shall work together to obtain these approvals since citations cannot be issued without them.
Agreement for Professional Services
Blue Line Solutions - CA, LLC.
EXHIBIT B
COMPENSATION SCHEDULE
PCH SPEED SAFETY CAMERAS SYSTEM
Description Qty Unit Year One Year Two Year Three Year Four Year Five Software Solutions
Software Solution Licenses 7 Users Included Included Included Included Included E-commerce Web Portal(s) 1 LS Included Included Included Included Included Cashiering Support 1 LS Included Included Included Included Included Hardware Solution
Speed Safety Cameras, data storage,
and related infrastructure
10 Locations $440,400 $440,400 $440,400 $440,400 $440,400 Installation, maintenance and training 10 Locations Included Included Included Included Included Document Production and Mailing Services
Outgoing document production 1 LS $2,361,365 $2,361,365 $2,361,365 $2,361,365 $2,361,365 Incoming correspondence 1 LS Included Included Included Included Included Payment processing 1 LS Included Included Included Included Included Accounts receivable, receivable,
revenue and payment tracking
1 LS Included Included Included Included Included
Total $2,801,751 $2,801,751 $2,801,751 $2,801,751 $2,801,751 Total Monthly $233,480 $233,480 $233,480 $233,480 $233,480
EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or H-4
policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with H-4
any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its H-4
subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Agenda Item # 7.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Community Development Director Approved by: Joseph D. Irvin, City Manager
Date prepared: May 4, 2026 Meeting date: May 11, 2026
Subject: Building Board of Appeals
RECOMMENDED ACTION: 1) Receive and file this report as an education item; and 2) Provide direction to staff, if appropriate.
FISCAL IMPACT: This item is informational only and has no associated fiscal impact.
STRATEGIC PLAN IMPLEMENTATION: This item relates to the City’s adopted strategic planning framework as follows:
Goal 1: Support Community Rebuilding and Long-Term Recovery by the Building Board of Appeals is a code-required component of the City’s building regulatory framework.
Ensuring the Council understands the Board’s defined and limited role supports transparent governance of the permitting and appeals process as the City manages an elevated volume of fire rebuild applications.
Goal 1, Objective 1.2: Modernize development policies and procedures citywide to support resilient community development by ensuring the Council is informed of the legal structure governing the Building Board of Appeals as part of the Community Development Department’s operational framework.
DISCUSSION: Staff has received inquiries from Councilmembers regarding the background and function of the Building Board of Appeals and its availability as a resource for residents, particularly in the context of the ongoing Palisades Fire rebuild effort. This report is presented to the City Council as an education item, to receive and file, regarding the Building Board of Appeals for Building Safety as established under the City’s adopted Building Code. The purpose of this report is to provide the City Council and our community with a factual overview of the Board’s legal basis, composition requirements, and scope of authority as defined by the adopted code, and Council Meeting
05-11-26
Item
7.A.
Agenda Item # 7.A.
to acknowledge the current membership of the Board as appointed by the City Council.
This item is brought forward pursuant to MMC Section 15.04.050 and the Los Angeles County Building Code, Title 26, as locally adopted.
Property owners and applicants engaged in the rebuild process should be aware that a formal statutory procedure exists under the adopted Building Code for seeking review of a Building Official decision. Pursuant to Section 105.1.2 of the Los Angeles County Building Code, as adopted by the City of Malibu, any aggrieved party may file a formal written appeal of a specific Building Official decision with the City. The Building Board of Appeals shall have authority to hear such appeals in accordance with the procedures and limitations set forth in the adopted code. This formal appellate process is separate from and does not substitute for the City’s standard permitting and plan check process, and does not affect the Building Official’s authority to administer and enforce the adopted Building Code in the ordinary course.
The California Building Standards Code (Title 24 of the California Code of Regulations) requires each jurisdiction in the State of California to adopt its provisions. Included within those standards are provisions establishing a Building Board of Appeals. The City of Malibu adopts the Los Angeles County Building Codes, which incorporate the California Building Standards Code with local amendments. Per MMC Section
15.04.050, the City has further amended certain provisions of the County Code for local applicability, including those governing the Building Board of Appeals.
Per Section 105.1.1 of the Los Angeles County Building Code (Title 26), as adopted and amended by the City of Malibu, the Building Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member and shall act as secretary to the Board. Members are appointed by the City Council and hold office at its pleasure.
Per Section 105.1.2 of the Los Angeles County Building Code, as retained and applicable in Malibu, the Building Board of Appeals has the authority to hear appeals regarding any action of the Building Official. The Building Board of Appeals shall also be authorized to recommend to the City Council such new legislation as it deems appropriate. The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the Board be empowered to waive requirements of this Code. The Building Board of Appeals shall document all decisions and findings in writing to the Building Official, with a duplicate copy to the applicant.
The City currently has a Building Board of Appeals consisting of the following members, all appointed by the City Council to at-large roles. Since the Board's initial appointment, there has been no occasion requiring the Board to convene, as no appeals of Building Official decisions have been filed with the City.
Agenda Item # 7.A.
Table 1 – Building Board of Appeals Appointments
Member Name Date Appointed/Reaffirmed Role
Marissa Coughlan February 10, 2025 At-Large
Joseph M. Girard February 10, 2025 At-Large
Scott Halley February 10, 2025 At-Large
Lynn Heacox February 10, 2025 At-Large
Lisa Niles February 10, 2025 At-Large
Alternate Seat #1 VACANT
Alternate Seat #2 VACANT
For reference, the following table reflects how selected California jurisdictions define member expertise requirements for their respective Building Boards of Appeals, as set forth in their adopted codes. Member qualifications vary by jurisdiction; some adopt the Los Angeles County standard verbatim, others establish local qualification standards.
Table 2 – Jurisdiction Comparison
Jurisdiction Members Code-Required Member Expertise
Los Angeles
County (Title 26,
§105.1)
5 One (1) practicing architect; one (1)
licensed general contractor; one (1) lawyer;
two (2) structural engineers. Each member
must have a minimum of ten (10) years of
experience in their respective discipline.
City of Malibu
(MMC
§15.04.050.A)
5 Five members qualified by experience and
training to pass upon matters pertaining to
building construction. No specific
professional license or discipline is
prescribed by the City’s adopted code.
City of South
Pasadena (Mun.
Code Ch. 9,
§105.1)
5 One (1) practicing architect; one (1)
competent builder; one (1) lawyer; two (2)
civil or structural engineers. Each member
must have a minimum of ten (10) years of
experience in their respective discipline.
City of Santa
Cruz (Mun. Code
5 regular
+ special
Each regular member must hold an active
California license as an architect;
Agenda Item # 7.A.
Table 2 – Jurisdiction Comparison
Jurisdiction Members Code-Required Member Expertise
§18.41.020) members structural, civil, mechanical, or electrical engineer; general building contractor;
engineering contractor; electrician;
plumber; or sheet metal contractor.
Additional special members (disability
representatives, energy contractor, fire
code professional) are called as needed
and hold full voting rights on matters within
their expertise.
City of Pleasant
Hill (Mun. Code
§3.50)
3 Members must be qualified by experience
and training in building construction
matters and must not be City employees.
The code identifies licensed contractors,
engineers, and architects as those who
qualify, though no specific license is
mandated. Residency or employment
within the city is preferred but not required.
Sources: LA County Code Title 26 §105.1 (2022); South Pasadena Municipal Code Ch. 9; Santa Cruz Municipal Code §18.41.020; Pleasant Hill Municipal Code §3.50 The Building Board of Appeals has no regularly scheduled meetings and convenes only upon the filing of a formal written appeal of a Building Official decision, as defined by Section 105.1.2 of the adopted Building Code. The Board does not exercise any authority over the Building Official’s day-to-day operations and has no jurisdiction until a formal written appeal of a specific Building Official decision is properly filed by an aggrieved party. Upon receipt of the required filing fee, the City will accept the appeal and proceed with scheduling a hearing. Attachment 4 details the appeal process, which includes the required fees.
The Building Board of Appeals has no authority to interpret administrative provisions of the Building Code (other than Section 102, which addresses unsafe buildings), and it is expressly prohibited from waiving any requirement of the Code. The Board does not have authority to review, revise, or direct the Building Official's enforcement practices, policies, or interpretations outside the context of a properly filed individual appeal.
SUMMARY: The Building Board of Appeals is a body required by the California Building Standards Code and established through the City’s adopted Building Code. Its authority is limited to hearing formal appeals of specific Building Official decisions and is circumscribed by the express prohibitions set forth in Section 105.1.2 of the adopted code. The Board may not waive code requirements or interpret the Code’s
Agenda Item # 7.A.
administrative provisions. The Board has not been convened since its members were appointed, as no appeals have been filed. Staff presents this report for informational purposes only and does not recommend any action at this time.
ATTACHMENTS:
1. Malibu Municipal Code Section 15.04.050(A) (Amendments to Building Code – Board of Appeals Provisions)
2. City of Malibu Local Appointments List – Maddy Act Notice (Filed December 18, 2024)
3. Referenced Municipal Code Sections: Los Angeles County Title 26 §105.1; South Pasadena Municipal Code Ch. 9; Santa Cruz Municipal Code §18.41.020; Pleasant Hill Municipal Code §3.50
4. Malibu Building Board of Appeals: Applicant Process Guide Attachment 1
BUILDING BOARD OF APPEALS
MALIBU MUNICIPAL CODE SECTIONS
MMC Section 15.04.020 - Definitions.
"Board of appeals" means the board of appeals established by Section 105 of the Malibu building code.
MMC 15.04.050 - Amendments to Building Code
Notwithstanding the provisions of Section 15.04.010 of this chapter, Title 26 of the Los Angeles County Code is hereby amended to read as follows:
A. Section 105.1.1 is hereby amended to read as follows:
105.1.1 General. Unless otherwise provided for below, in order to conduct the hearings provided for in this code and also to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be a building board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio-member and shall act as secretary to the board. The members of the building board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The building board of appeals shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this code and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The building board of appeals shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org
LOCAL APPOINTMENTS LIST
CITY COUNCIL AND APPOINTED BOARDS,
COMMISSIONS & COMMITTEES
(Government Code Section 54972)
CITY COUNCILMEMBERS
Regular City Council meetings are held on the second and fourth Monday of each month at 5:30 p.m.
Councilmember Elected/Re-elected Term Expiration
Mayor Doug Stewart November 8, 2022 November 2026
Mayor Pro Tem Marianne Riggins November 8, 2022 November 2026 Councilmember Haylynn Conrad November 5, 2024 November 2028 Councilmember Bruce Silverstein November 5, 2024 November 2028 Councilmember Steve Uhring November 5, 2024 November 2028 All regular and ongoing Boards, Commissions and Committees, which are appointed by the Malibu City Council, are as follows:
BUILDING BOARD OF APPEALS
Qualifications: Five members who are qualified by experience and training to pass upon matters pertaining to building construction. Members shall not be officers or employees of the City. Meet as needed at City Hall.
Member Appointed Expiration
Marissa Coughlan January 11, 2021 Indefinite
Joseph M. Girard January 11, 2021 Indefinite
Scott Halley January 11, 2021 Indefinite
Lynn Heacox January 11, 2021 Indefinite
Lisa Niles January 9, 2023 Indefinite
Alternates:
Vacant
Vacant
ATTACHMENT 2
Attachment 3
BUILDING BOARD OF APPEALS
OTHER JURISDICTION CODE SECTIONS
Los Angeles County Title 26, Section 105.1
105.1.1 General
Unless otherwise provided for below, in order to conduct the hearings provided for in this Code, there shall be a Building Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a builder who is a licensed general contractor, one a lawyer, and two structural engineers, each of whom shall have had at least 10 years of experience as an architect, builder, lawyer, or structural engineer.
The Building Official shall be an ex officio member and shall act as secretary to the Board.
The members of the Building Board of Appeals shall be appointed by the Board of Supervisors and shall hold office at its pleasure. The Building Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations. Each member of the Board shall be compensated for each meeting attended as provided from time to time by the County Code.
105.1.2 Scope of Authority
Except as provided below, the Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official, including actions taken by the Building Official in connection with Section 104.2.7 or Section 104.2.8. The Building Board of Appeals shall also be authorized to recommend to the Board of Supervisors such new legislation as it deems appropriate.
The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the Board be empowered to waive requirements of this Code.
The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant.
City of South Pasadena Chapter 9, Section 105.1
When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official’s decision to the Technical Interpretations Appeals Board no later than 60 calendar days from the date of the action being appealed.
The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer and two shall be civil or structural engineers, each of whom shall have had at least ten years of experience as an architect, builder, lawyer or structural designer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be Attachment 3
appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations, and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.
City of Santa Cruz Chapter 18.41
18.41.020 Appointment of Board and Length of Term.
The board of building and fire appeals shall consist of five regular members. Special members as listed, but not limited to those as specified, in Section 18.41.030 will serve with the regular members at the request of the regular members. The city council shall appoint all members to terms not to exceed four years. Members may be reappointed to additional consecutive terms by said council without limitation. Such board shall act voluntarily.
18.41.030 Composition of Board.
(a) Regular Members. Each member shall be licensed as an architect, engineer (structural, civil, mechanical or electrical), general building contractor, engineering contractor, electrician, plumber, or mechanical or sheet metal contractor. A nonjurisdictional building inspector (either private or of another municipality), fire inspector or similar person demonstrating a suitable technical background may be considered as an alternate member by the city council. Retired technical members demonstrating the necessary background and experience may be placed on the board as appropriate by appointment. The chief building official or, alternatively, the city fire chief, depending upon the nature of the appeal before the board, shall be an ex officio member and act as secretary, but shall have no power to vote. The chief building official and fire chief may delegate this duty to the deputy building official and fire marshal in their absence as appropriate.
Membership of the board shall include the greatest range of professional experience as may be reasonably available.
(b) Special Members. Special members shall consist of at least the following: two representatives of the disabled community; an energy contractor or representative of an energy conservation design service and a fire code professional that is nonjurisdictional.
Attachment 3
Such special members shall be called upon from time to time by the chairperson of the board to assist in making determinations on those matters involving their particular field of expertise and shall hold full voting rights when so employed.
City of Pleasant Hill Chapter 3.50
3.50.010 Established – Composition and appointment.
A. Established. A city building board of appeals is established. This board of appeals is established under the authority of the California Building Code Section 105, adopted by the city at PHMC Chapter 14.05. Section 105 provides in part:
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex-officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. ...
The board of appeals shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
B. Composition. The building board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city. Those qualified include, but are not limited to, licensed contractors, engineers and architects. A member need not be a resident of the city, but residency or work in the city is preferred.
C. Appointment. The members shall be appointed by a majority vote of the city council on the recommendation of the council's interview and nominating committee.
3.50.020 Officers and ex officio member.
The chief building official, or his or her designee, shall serve as secretary to the board, and as an ex officio nonvoting member of the board.
3.50.030 Terms of office.
A member of the building board of appeals is appointed for a four-year term, or until his or her successor is appointed and qualified, whichever is later.
CITY OF MALIBU | Building Board of Appeals — Applicant Process Guide Authority: Malibu Municipal Code §15.04.050; LA County Building Code Title 26 §§104.2.7, 104.2.8, 105.1.1, 105.1.2 | Community Development Department: (310) 456-2489 | Page 1
CITY OF MALIBU
Building Board of Appeals
Applicant Process Guide
Community Development Department • 23825 Stuart Ranch Road, Malibu, CA 90265 • (310) 456-2489
LEGAL AUTHORITY
The City of Malibu Building Board of Appeals is established pursuant to Malibu Municipal Code Section
15.04.050, which amends Section 105.1.1 of Title 26 of the Los Angeles County Building Code as adopted by the City. Section 105.1.2 of Title 26 is retained without local amendment and governs the Board’s scope of authority.
Adopted Code: Los Angeles County Building Code, Title 26 (as locally amended by Malibu Municipal Code §15.04.050)
Board Composition: Five (5) members appointed by the City Council. Members shall be qualified by experience and training to pass upon matters pertaining to building construction. (MMC §15.04.050.A; Title 26 §105.1.1) Building Official Role: The Building Official shall be an ex officio member and shall act as secretary to the Board. (Title 26 §105.1.1)
Meetings: The Board has no regular meeting schedule. It convenes only upon the filing of a formal written appeal of a Building Official decision.
SCOPE OF AUTHORITY — WHAT THE BOARD MAY HEAR
Per Section 105.1.2 of Title 26 of the Los Angeles County Building Code, as retained by the City of Malibu, the following is the Board’s authority, stated as provided by the Code:
§105.1.2 — Scope of Authority (Title 26, as retained by City of Malibu):"The Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official, including actions taken by the Building Official in connection with Section 104.2.7 or Section 104.2.8. The Building Board of Appeals shall also be authorized to recommend to the [City Council] such new legislation as it deems appropriate. The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the Board be empowered to waive requirements of this Code. The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant." The following table identifies each category of Building Official action that may be appealed to the Board, with the specific code basis for each:
Attachment 4
CITY OF MALIBU | Building Board of Appeals — Applicant Process Guide Authority: Malibu Municipal Code §15.04.050; LA County Building Code Title 26 §§104.2.7, 104.2.8, 105.1.1, 105.1.2 | Community Development Department: (310) 456-2489 | Page 2 Category of Appeal Code Basis Limitation
Any action of the Building Official Title 26 §105.1.2 Appeal must concern a specific written decision
of the Building Official.
Approval or denial of alternate materials or
alternate methods of construction
Title 26 §104.2.7 The Board must find the
alternate is equivalent in
quality, strength,
effectiveness, fire
resistance, durability,
safety, and sanitation,
and does not lessen fire
protection or structural
integrity.
Approval or rejection of research reports
submitted in support of alternate materials or
methods
Title 26 §104.2.8 Same equivalency
standard as §104.2.7
applies.
Unsafe building determinations Title 26 §102 The only administrative section of the Code the
Board is authorized to
interpret. (§105.1.2)
EXPRESS LIMITATIONS — WHAT THE BOARD MAY NOT DO
Section 105.1.2 of Title 26 of the Los Angeles County Building Code, as retained by the City of Malibu, expressly provides the following limitations on Board authority. These limitations are set by the adopted code and are not subject to modification by the Board, the City Council, or any individual Council member:
Per Title 26 §105.1.2 — The Board SHALL NOT:
1. Interpret the administrative portions of the Building Code, other than Section 102.
2. Waive any requirement of the Building Code.
The Board has no authority to grant waivers, exceptions, or exemptions from any provision of the adopted Building Code, regardless of circumstances presented.
3. Review, direct, or modify the Building Official’s day-to-day enforcement practices, policies, or procedures.
The Board’s jurisdiction is limited to appellate review of a specific, formally filed appeal of a specific Building Official decision. It does not supervise or direct the Building Official.
4. Grant original permits or make initial permit determinations.
5. Override California state law or state building standards adopted under Title 24 of the California Code of Regulations.
CITY OF MALIBU | Building Board of Appeals — Applicant Process Guide Authority: Malibu Municipal Code §15.04.050; LA County Building Code Title 26 §§104.2.7, 104.2.8, 105.1.1, 105.1.2 | Community Development Department: (310) 456-2489 | Page 3 Variances from code requirements must be sought through the City’s Planning Commission.
Formal code amendments must be adopted by the City Council through the ordinance process. Neither of these actions falls within the jurisdiction of the Building Board of Appeals.
HOW TO FILE AN APPEAL
Step 1 — Obtain Written
Decision:
You must have a written determination, decision, order, or notice from the City of Malibu Building Official. Verbal communications do not constitute a decision for appeal purposes.
Step 2 — Prepare
Written Appeal:
Your written appeal must state the specific basis for the appeal, as provided by Title 26 §105.1.2 (see Scope of Authority above). Include all supporting documentation, engineering reports, or research reports you intend to rely upon at the hearing.
Step 3 — File With the
City:
Submit your written appeal to the City of Malibu Community Development Department. Contact the Department to confirm current filing requirements and applicable fees prior to submission.
Step 4 — Hearing
Scheduled:
Staff will coordinate with the Building Official (Board Secretary) to schedule a hearing. You will be notified in writing of the date, time, and location.
Step 5 — Attend
Hearing:
Present your appeal and supporting evidence to the Board. The Building Official or designee will present the basis for the original decision. You may be represented by legal counsel or a licensed design professional.
Step 6 — Written
Decision Issued:
Per Title 26 §105.1.1, the Board shall document all decisions and findings in writing to the Building Official, with a duplicate copy to the applicant.
Step 7 —
Implementation:
The Building Official implements the Board’s written decision.
EQUIVALENCY STANDARD — ALTERNATE MATERIALS AND METHODS
(§104.2.8 / §105.1.1)
When an appeal involves alternate materials or alternate methods of construction, the Board must establish, per Title 26 §105.1.1 as adopted by Malibu Municipal Code §15.04.050, that the proposed alternate meets all of the following criteria simultaneously:
"The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this code and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity."— Malibu Municipal Code §15.04.050.A; Title 26 §105.1.1 All seven criteria — quality, strength, effectiveness, fire resistance, durability, safety, and structural integrity — must be satisfied. The Board may not approve an alternate that lessens fire-protection requirements or any degree of structural integrity, regardless of other factors.
CITY OF MALIBU | Building Board of Appeals — Applicant Process Guide Authority: Malibu Municipal Code §15.04.050; LA County Building Code Title 26 §§104.2.7, 104.2.8, 105.1.1, 105.1.2 | Community Development Department: (310) 456-2489 | Page 4 FILING FEE — REQUIRED AT TIME OF SUBMISSION
A filing fee is required at the time of submission of any appeal to the Building Board of Appeals. The fee is established by the City of Malibu Schedule of Fees, as adopted by the City Council by resolution, and is subject to annual adjustment. The City of Malibu administers its own fee schedule independently.
Fee Description: Building Board of Appeals
Fee Amount: $430.00
Fee Authority: City of Malibu Schedule of Fees, FY 2023-24, Environmental Sustainability Department — Miscellaneous, Line Item 16 (adopted by City Council resolution, effective July 1, 2023)
Annual Adjustment: The fee is subject to annual Consumer Price Index (CPI) adjustment.
Contact the Community Development Department to confirm the current fee amount prior to submission.
Payment: Fee is due at the time of filing. Contact the Community Development Department to confirm accepted forms of payment.
NOTE: The filing fee must be paid at the time of submission.
An appeal will not be accepted or scheduled for hearing until the required fee has been received.
Contact staff at (310) 456-2489, ext. 390 to confirm the current fee amount before filing.
CONTACT
Department: Community Development Department, Building Safety Division Address: 23825 Stuart Ranch Road, Malibu, CA 90265
Phone: (310) 456-2489, ext. 390
Website: www.malibucity.org
Filing Hours: Contact the Department to confirm current public counter hours prior to submission.
This guide is a summary reference document only. It does not constitute legal advice. All authority cited is drawn from Malibu Municipal Code §15.04.050 and the Los Angeles County Building Code, Title 26, Sections 102, 104.2.7, 104.2.8, 105.1.1, and 105.1.2, as adopted by the City of Malibu.
Consult a licensed attorney for legal advice regarding your specific matter.