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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: