HomeMy WebLinkAboutReso 4185-1965RESOLUTION NO. 4185
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION DECLARING THE CITY COUNCIL'S OPPO-
SITION TO SENATE BILL NO.335 ENTITLED "AN ACT
TO ADD SECTION 1239.6 TO THE CODE OF CIVIL PRO-
CEDURE RELATING TO AIRPORT NOISE"
BE IT RESOLVED by the City Council of the City of
South San Francisco that said Council does hereby declare
its opposition to Senate Bill No.335 entitled "An Act To
Add Section 1239.6 To The Code Of Civil Procedure Relating
To Airport Noise", basing its opposition on the following
grounds:
1. That said Bill unreasonably discriminates against
the property owners adjacent to or near airports who are
affected by the operations by said airport in that property
taken for public use must be substantially damaged before
compensation is due.
2. That said Bill provides a declaration which may
be used to bar a regulatory act of the State, the right to
which was reserved by the Supreme Court in the case entitled
"Loma Portal Civic Club v. American Airlines" reported in
Cal. 2d at page 582, in particular Section 7(a) reported
on page 591, which reads as follows:
"Defendants, in addition, vigorously urge that
the refusal to grant the injunction can also
be supported on the grounds of federal pre-
emption, i.e., that State action affecting
any aspect of flight operation is precluded
by the extensive pattern of federal regulation
in this field. We are not persuaded of the
soundness of this contention. A holding of
federal preemption would have the effect of
disabling the State from any action in the en-
tire field, and placing in the federal govern-
ment complete and sole responsibility for
regulation of all aspects in that field. Such
a holding by a single State court would
have, of course, no effect on the conduct
of other States with respect to regulation
of that field, and unless Congress had in
fact intended such preclusion of State
regulation and were to carry out its res-
ponsibilities, there would result within
the State a vaccuum which the State would
be powerless to fill."
3. That the Bill would make it almost unnecessary for
the airlines, airport operators and the Federal Aviation
Agency to vigorously pursue the proper noise abatement pro-
cedures to relieve the noise nuisance adjacent to or near
residential areas.
4. That said Bill attempts to appropriate private
property without compensation and due process of law.
the City of South San Francisco at a
meeting held on the 5th day of
by the following vote:
AYES, COUNCILMEN
I hereby certify that the foregoing resolution was
regularly introduced and adopted by the City Council of
regular
April , 19 65
Frank J. Bertucelli, Patrick E. Ahern, Emilio
Cortesi, Andrew Rocca. and Guido J. Rozz~.
NOES, " None.
ABSENT, " None.
ATTEST: