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Meeting Agenda
CC250703_AGENDA.PDF
Item 1A
Petition to Governor Newsom for Suspension of Specific Building Code Requirements for Palisades Fire Rebuilding in Malibu
CC250703_ITEM 1A.PDF
1. Documents:
2. Documents:
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HOW TO PARTICIPATE REMOTELY DURING THE MEETING: The City has been experiencing extreme technical issues with its broadcast and zoom capabilities. It is strongly recommended that those who wish to participate do so in person as zoom participation is not guaranteed. While the City intends to allow zoom participation if possible, the meeting will not be cancelled or continued if technical difficulties impact the ability to accept public participation over Zoom. In such case only in-person participation will be allowed. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required.
Malibu City Council
Special Meeting Agenda
Thursday, July 3, 2025
10:00 A.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Council Chambers
Westward Room (closed session)
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/85000772475
To the members of the City Council of the City of Malibu:
NOTICE IS HEREBY GIVEN that the Mayor has called a Special Meeting of the City Council of the City of Malibu to be held at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA 90265, at 10:00 a.m. on Thursday, July 3, 2025, for the purpose of holding a Closed Session and considering sending a petition letter.
Ten a.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
City Council Special Meeting Agenda Page - 2 - July 3, 2025 Pledge of Allegiance
Report on Posting of Agenda – July 1, 2025
Approval of Agenda
Public Comment on Closed Session Items
Recess to Closed Session (to be held in the Multi-Purpose Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54957 and 54957.6. The City Attorney will give an additional oral report regarding the Closed Session before adjournment of the Special meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.
Personnel Matters pursuant to Government Code Section 54957:
1. Public Employee Appointment
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager
Reconvene in Open Session (Council Chambers)
Closed Session Report
1. New Business
New Business items are appearing for the first time for formal action.
A. Petition to Governor Newsom for Suspension of Specific Building Code Requirements for Palisades Fire Rebuilding in Malibu
Recommended Action: Authorize the Mayor to send a letter to petition Governor Newsom to suspend specific Building Code requirements for Palisades Fire Rebuilding and Repairs in Malibu.
Staff Contact: Interim Deputy City Manager, 456-2489, ext. 300 Adjournment
Future Meetings
Monday, July 14, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, July 28, 2025 CANCELLED
Monday, August 11, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Each speaker is limited to three (3) minutes. Members of the public may speak during the City Council Special Meeting Agenda Page - 3 - July 3, 2025 meeting in-person or through the Zoom application, although it is strongly recommended that those who wish to participate do so in person. While the City intends to allow zoom participation, the meeting will not be cancelled or continued if technical difficulties impact the ability to accept public comment over Zoom. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In-person participants may surrender their time by deferring one (1) minute to another in-person speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.
On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.
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Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated this 1st day of July 2025 at 8:15 p.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 1.A.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Interim Deputy City Manager Approved by: Candace Bond, Interim City Manager
Date prepared: July 1, 2025 Meeting date: July 3, 2025
Subject: Petition to Governor Newsom for Suspension of Specific Building Code Requirements for Palisades Fire Rebuilding in Malibu
RECOMMENDED ACTION: Authorize the Mayor to send a letter to petition Governor Newsom to suspend specific Building Code requirements for Palisades Fire Rebuilding and Repairs in Malibu.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item supports the Preservation of Malibu’s Rural Character priority identified in the Adopted FY 2024-25 Strategic Priority List.
DISCUSSION: On January 12, 2025, Governor Newsom issued Executive Order N-4-25, easing environmental and permitting laws to allow rebuilding on the same sites, and encourages local jurisdictions to identify building code provisions suitable for suspension.
The Palisades Fire has left Malibu’s residents and businesses facing significant financial and logistical challenges, particularly for those rebuilding destroyed structures and repairing structures with minor damage. The application of certain building code requirements, including the 2025 energy code updates, risk delaying recovery and increasing costs, disproportionately affecting our community’s most vulnerable.
To alleviate this challenge, staff recommend suspension of the following provisions for properties substantially damaged, destroyed, or requiring minor repairs due to the Palisades Fire and Franklin Fire.
1. 2019 and 2022 California Energy Code Requirement for Rooftop Solar PV and Battery Storage (Title 24, Part 6, Section 150.1).
City Council Meeting
07-03-25
Item
1.A.
Agenda Item # 1.A.
The 2019 California Energy Code requires rooftop solar PV systems, and the 2022 update adds battery storage for new residential buildings (effective Jan 1, 2023).
These mandates can cost $40,000–$60,000+ per home, posing a major burden for residents rebuilding or repairing homes with minor damage. For such repairs, retrofitting often demands expensive structural upgrades, hindering recovery efforts.
2. 2025 California Building Standards Code Updates, Including Energy Code Updates, Excluding State Fire Marshal’s Fire Safety Provisions.
The 2025 Title 24 updates, especially Part 6, add stricter insulation, HVAC, and electrification requirements. While supporting carbon neutrality, they create major challenges for rebuilding and repair projects.
For Rebuilding Destroyed Structures: The 2025 energy code raises efficiency standards, increasing construction costs by 10–15% over 2019 levels. This delays rebuilding for residents with limited funds, as previously approved plans may no longer comply.
For Minor-Damage Structures: Minor fire repairs may trigger 2025 energy code compliance if deemed “substantial improvements” (over 50% of the structure’s value), requiring costly retrofits like insulation upgrades or electric-ready systems— even for small fixes like window or HVAC replacements.
ATTACHMENTS:
1. Draft Letter
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org July 01, 2025 VIA ELECTRONIC MAIL
Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
Dear Governor Newsom,
RE: Petition for Suspension of Specific Building Code Requirements, Including 2025 Energy Updates, for Palisades Fire Rebuilding and Repairs in Malibu On behalf of the Malibu City Council, we respectfully request that your office temporarily suspend specific building code requirements to support the urgent rebuilding and repair of more than 720 structures destroyed in Malibu - and many others damaged - by the January 2025 Palisades Fire, which burned 23,448 acres. This petition aligns with your Executive Order N-4- 25, issued January 12, 2025, which seeks to expedite recovery for wildfire-affected communities by suspending certain regulatory requirements while prioritizing public safety and resilience.
The Palisades Fire has left Malibu’s residents and businesses facing significant financial and logistical challenges, particularly for those rebuilding destroyed structures and repairing structures with minor damage. The application of certain building code requirements, including the 2025 energy code updates, risk delaying recovery and increasing costs, disproportionately affecting our community’s most vulnerable. We request your authorization to suspend the following provisions for properties substantially damaged, destroyed, or requiring minor repairs due to the Palisades Fire and Franklin Fire.
1. 2019 and 2022 California Energy Code Requirement for Rooftop Solar PV and Battery Storage (Title 24, Part 6, Section 150.1): The 2019 California Energy Code mandates rooftop solar photovoltaic (PV) systems and, as updated in 2022 California Energy Code, associated battery storage for new residential buildings (effective January 1, 2023). This requirement imposes costs estimated at $40,000-$60,000 or more per home, creating a significant barrier for residents rebuilding destroyed homes or repairing structures with minor damage, such as damaged roofs or electrical systems. For minordamage repairs, retrofitting existing structures to comply with solar PV and battery storage mandates often require costly structural upgrades, further complicating recovery.
We request a temporary exemption from this mandate for all Palisades Fire-affected properties, enabling residents to rebuild or repair without the added financial burden of these installations.
2 Recycled Paper
2. 2025 California Building Standards Code Updates, Including Energy Code Updates, Excluding State Fire Marshal’s Fire Safety Provisions: The 2025 Title 24 updates, particularly the energy code (Title 24, Part 6), introduce stringent requirements, such as enhanced building envelope insulation, advanced HVAC efficiency standards, and expanded electrification measures (e.g., all-electric readiness for appliances). While these updates advance California’s carbon neutrality goals, their application to rebuilding and repair projects poses significant challenges:
We request a temporary suspension of these 2025 code updates, including energy code provisions, for Palisades Fire-affected properties, except for fire safety provisions proposed by the Office of the State Fire Marshal, such as the “Zone 0” ember-resistant zone regulations within 5 feet of structures in high fire severity zones. These fire safety measures are critical to ensuring rebuilt and repaired structures are resilient to future wildfires, given Malibu’s history of fire events like the 2018 Woolsey Fire and the 2024 Franklin Fire.
This petition is consistent with Executive Order N-4-25, which suspends permitting requirements under the California Environmental Quality Act (CEQA) and the California Coastal Act for wildfire-affected properties and encourages local jurisdictions to identify building code provisions suitable for suspension.
The suspension of these requirements will provide critical relief to Malibu’s residents, accelerate rebuilding of destroyed homes and cost-effective repairs for minor-damaged structures while maintaining essential fire safety standards. We acknowledge California’s commitment to sustainability but believe that temporary exemptions are necessary to support our community’s recovery from this disaster.
Thank you for your leadership and support in addressing the urgent needs of wildfire-affected communities across California. We look forward to your favorable consideration of this petition.
Sincerely,
Marianne Riggins, Mayor
City of Malibu
For Rebuilding Destroyed Structures: The 2025 energy code updates require new designs to meet higher efficiency standards, increasing construction costs by an estimated 10-15% compared to 2019 standards. These delay rebuilding for residents relying on insurance payouts or limited funds, as plans approved under prior codes may no longer comply.
For Minor-Damage Structures: Repairs to structures with minor fire damage (e.g., partial roof damage, exterior siding, or electrical systems) may trigger mandatory compliance with 2025 energy code updates if classified as “substantial improvements” (exceeding 50% of the structure’s value). This could require costly retrofits, such as upgrading insulation or installing electric-ready systems, even for smallscale repairs like replacing damaged windows or HVAC components.