Resolution 14505O
CL
CITY OF ALAMEDA RESOLUTION NO.
PROTECTING THE RESIDENTS AND BUINESSES OF THE CITY OF
ALAMEDA FROM FUTURE SEA LEVEL RISE, RETAINING LOCAL
CONTROL OVER CRITICAL LAND USE DECISIONS, AND
REQUESTING LOCAL GOVERNMENT AND PUBLIC PARTICIPATION
IN THE PROPOSED BAY CONSERVATION AND DEVELOPMENT
COMMISSION CLIMATE CHANGE BAY PLAN AMENDMENT 1 -08
WHEREAS, the City of Alameda was legally incorporated on April 19,
1854, and maintains police powers to ensure the health and well -being of its
residents; and
Whereas, the State of California has recognized the role of local
government in planning for and responding to climate change through its
legislative actions, such as the Global Warming Solutions Act of 2006 (AB 32)
and the Sustainable Communities and Climate Protection Act of 2008 (SB 375),
and the California Air Resources Board has stated in its Climate Change
Scoping Plan, that local governments are "essential partners" to achieving the
State's climate change goals; and
Whereas, the City currently evaluates the effects of sea level rise and
climate change as part of its standard environmental review process under the
California Environmental Quality Act; and
Whereas, the City is developing a new Climate Change Element as part
of its General Plan Update; and
Whereas, the Bay Conservation Development Commission (BCDC) is a
limited purpose agency of the State of California; and
Whereas, BCDC staff has projected that sea level will rise 55 inches by
the year 2100, identifying 213,000 acres of land around the Bay as being in the
potential sea level rise inundation zone and vulnerable to flooding; and
Whereas, substantial portions of the City are within the identified
inundation zone; and
Whereas, BCDC staff has prepared a proposed Bay Plan Amendment
that would establish a policy that specifies, among other things, "until a regional
sea level rise adaptation strategy can be completed, when planning or
regulating new development in areas vulnerable to future shoreline flooding,
new projects should be Iimited ... "; and
Whereas, BCDC's legal authority and regulatory jurisdiction do not
extend to much of the area covered by the inundation zone; and
Whereas, the proposed Bay Plan Amendment may impose additional
burdens on the City in its compliance with the California Environmental Quality
Act and may expose the City to additional risks of litigation under that Act; and
Whereas, BCDC staff has presented no analysis regarding the
consistency of the proposed Bay Plan Amendment with existing General Plans
or zoning laws of any of the cities or counties within the projected inundation
zone, including Alameda; and
Whereas, BCDC staff has determined that low - income residents will be
disproportionately affected by:
• Sea level rise in five Bay Area Counties.
O Preparing for and coping with sea level rise.
® Indirect impacts of sea level rise (e.g., from retrofits to protect critical
infrastructure); and
Whereas, BCDC staff has stated that "...BCDC has no authority to
address social equity issues..." and has proposed no mitigation measure to
address these disproportionate impacts to low - income communities; and
Whereas, BCDC staff concluded in its report accompanying the
proposed Bay Plan Amendment that "the proposed amendment will have no
significant adverse environmental impacts," without consulting with impacted
communities and without considering various direct, indirect, and cumulative
adverse impacts of the proposed Bay Plan Amendment, including those relating
to displacement of people and businesses, traffic congestion, and tail pipe and
green house gas emissions that would result from limiting shoreline protection
and infill development opportunities; and
Whereas, the proposed Bay Plan Amendment, if adopted, could
adversely affect existing residential, commercial, institutional, and industrial
uses and property values of the land within the inundation zone; and
Whereas, BCDC held its first public hearing on the proposed Bay Plan
Amendment in almost one year on October 7, 2010; and
Whereas, numerous cities, agencies, landowners, employers, and Bay
Area residents testified at the public hearing expressing great concern that
insufficient outreach has occurred in the development of the proposed Bay Plan
Amendment.
NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the
City of Alameda does hereby oppose the adoption of the Bay Plan Amendment
until such time as BCDC:
Meets and confers with the City Council and other affected Cities and
agencies around the Bay Area to present and discuss the proposed Bay
Plan Amendment and work to revise it, as appropriate, in a collaborative
manner;
Conducts adequate environmental assessment for the proposed Bay
Plan Amendments;
Evaluates the consistency of the proposed Bay Plan Amendments with
existing General Plans and zoning laws in cities and counties within the
projected inundation zone;
O Identifies and addresses the equity impacts of the proposed Bay Plan
Amendment and identifies all reasonably feasible mitigation measures to
avoid such impacts;
O Identifies and addresses other environmental and economic impacts of
the proposed Bay Plan Amendment and identifies all reasonably feasible
mitigation measures to avoid such impacts; and Proposes a Bay Plan
Amendment that does not assert BCDC direction or influence over
traditional City land use planning authority.
• Proposes a Bay Plan Amendment that does not assert BCDC direction
or influence over traditional City land use planning authority.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger,
City of Alameda