The Malibu City Council unanimously declared a citywide local emergency Monday ahead of what forecasters say could be the strongest El Niño since 1950, while warning residents that the city will not pay to protect their homes.
The declaration lets the city speed up purchasing and permitting and coordinate aid from county, state and federal agencies. But City Manager Joseph Irvin said it does not extend to private property.
"We do not have the resources or the legal authority to go perform work on private property," Irvin said.
On Sept. 10, the National Weather Service Climate Prediction Center put the chance of a very strong El Niño this fall and winter at greater than 90%, with a 75% chance of a historic event exceeding every El Niño since 1950. Such conditions have historically brought intense rainstorms, mudslides, landslides, storm surges, coastal erosion and flooding.
The item originally called for a declaration covering only the Serra Retreat neighborhood, where residents fear flooding from Malibu Creek. Staff instead recommended a citywide declaration, citing Gov. Gavin Newsom's Sept. 21 statewide emergency proclamation and similar declarations by Long Beach and Laguna Beach.
Councilmember Haylynn Conrad, who made the motion, said she did not want to single out one area.
"I feel like everywhere in Malibu is a bit of emergency," Conrad said.
The council amended the resolution to say El Niño could harm "any and every part of Malibu," which it described as a rural coastal city with more than 20 miles of coastline, streams, creeks and steep slopes. At Councilmember Marianne Riggins' request, it also added language singling out slopes burned in the Palisades and Franklin fires.
"The entire city is in danger," Mayor Bruce Silverstein said. "We don't know where it's going to be, but it could be anywhere."
Storms have already damaged the coastline this year. On Sept. 8, coastal erosion opened a sinkhole on Sea Level Drive. Seven nearby homes were red-tagged because of the hazard, and 24 more lost safe vehicle access. Hurricane Genevieve, which affected Malibu from July 25 to July 30, caused 8 feet of erosion and a partial embankment failure at Westward Beach Road. Staff reported in August that inspections of 320 beachfront parcels left 23 red-tagged as unsafe.
Irvin said one of the city's first moves under the declaration could be shoring up Westward Beach Road, working with Los Angeles County beach and harbor officials and the office of county Supervisor Lindsey Horvath. Councilmember Doug Stewart noted it is a city road and probably the only one in Malibu that fronts the beach.
Irvin said the city is still recovering from the Palisades Fire and is waiting on $28 million in FEMA reimbursement. He recommended the city "pause" before considering any agreement to pay for work on private property.
"We're one disaster away with our reserve funds, and we may very well find this to be the disaster," Stewart said.
"It's not the city's job," Silverstein said. "In fact, it may be unlawful for the city to be providing the funding."
Interim City Attorney Trevor Rusin said the declaration does not make the city responsible for protecting private homes. "It just empowers the city to be able to take certain actions to address an emergency situation," he said.
In Serra Retreat, heavy rains in February 2025 caused flooding and mudslides and left boulders blocking roads. The Los Angeles County Fire Department rescued three residents, including one trapped by a mudslide. Six property owners in the neighborhood own parcels along the creek, and California State Parks owns neighboring land.
Community Development Director Yolanda Bundy said the U.S. Army Corps of Engineers gave approval for work to start within a day of her request. "The federal government is already helping us out," she said. She said Fish and Wildlife officials were setting up a meeting and that she planned to contact State Parks.
Stewart said clearing only the private parcels would push the problem farther downstream.
"It doesn't do us any good to get a set of plans if nobody's got the money to engage the D9 bulldozer," he said.
Irvin said he has been talking with the governor's office about using Proposition 4 deferred maintenance funds for State Parks projects.
He urged homeowners to inspect their property, clear gutters and drains, prepare evacuation plans and, along the coast, hire a qualified engineer.
"The time to prepare is now, not when the storm is approaching," Irvin said.
Riggins urged residents to check their insurance, saying, "We're a disaster-prone area."
The city scheduled a preparedness workshop for Tuesday afternoon and said it would be recorded and posted for later viewing. The emergency remains in effect until the council ends it, and the council must review it at least every 60 days.