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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