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Home My WebLink AboutReso 1969-5097RESOLUTION N0. 5097 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, URGING SUPPORT OF SENATE BILL 4 INTRODUCED IN THE 1969 SESSION OF THE STATE LEGISLATURE BY SENATOR H. L. RICHARDSON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, local jurisdictions can no longer enact or enforce local regulations in various fields which the courts of this State have held to have been preempted by State legislation, and WHEREAS, various activities particularly inimical to the health, welfare and morals of the inhabitants of local jurisdictions exist and cannot be regulated at the local level because of said court decisions and are not regulated by State legislation, and WHEREAS, councilmen, city attorneys, other lawyers and the general public alike are uncertain what local regulations can validly be enacted and enforced in any field in which there is State legislation, as a result of said court decisions, and WHEREAS, it is essential that State legislation be enacted to assure predictability of the law and to enable local jurisdictions to regulate unwholesome activities which are not regulated by the State, and WHEREAS, Senate Bill 4, adding Section 9618 to the Government Code, introduced in the 1969 session of the State Legislature by Senator H. L. Richardson will assure predictability of law and return a degree of control to local jurisdiction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista strongly recommends the enactment of Senate Bill 4 and urges the League of California Cities and our State Legislators to support said enactment. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby directed to forward certified copies of this resolution to the League of California Cities and to the members of the legislative delegation from the County of San Diego. Presented by ,- , ~ ~. , `' Fred A.~ Ross, Chief-Administrative Officer Approved as to form by ~/ . George D indberg, City Attorne~`~ /~ ADO~TFP AP'D APPR(?VED b;~ the CITY COU?~?CIL of the CITE fah C~~L~L~ ~:r~~I'A CALIFOF~~IA, this _ 18th day of March , 1a 69 bz~ the rollc-r_in~ 17J~2, to-cai t AYBU: Councilmer_ Scott, Hamilton, McCorquodale, McAllister, Sylvester ?'AYES: Councilmen None Ark?;';T: Counci Lnen None '° . ~1ayo of the City of C'~uia V; .>ta pro tem City Cler~~ S'IATr ~F CALI FORTIIA ) CCY;i% 1F SA- DIt'.GO ) ss e CITY OF CHULA VISTA ) I, ?'EP1P'El'"~ °. CAI'.P£FLL9 City Clerk of the City of Chula ~~ ista, ~~'al ; ; n; ni_.a, PO ?~_EFrBY CERT?_FY that the above and foregoing is a full, true and correc.r c,-i~- ,,t and that the same has not beep ar..~=nd d or repealed, i ~,'T~ P ; City Cler_=~ ~~ .~.. 1 n ` DISTRICT OFFICE COMMITTEES 959 SOVTH ROSEMEAD SOCIAL WELFARE PASADENA, CALIFORNIA 81107 vlcE crIA IRMAN (213) 795.9728 AGRICULTURE EDUCATION fiACRAMENTO ADDRESS H ~ RICHARDSON LOCAL GOVERNMENT STATE CAPITOL . • WATER RESOURCES 95814 (918) 445-9699 NINETEENTH SENATORIAL DISTRICT ~ ',~? . , ~ ` I a~1 ~ ~ ~ CALIFORNIA LEGISLATURE , t ~~ j t .. ,, a ~ ~ ~~. e" i~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ January 24, 1969 Dear Fellow Californian: Re: Home Rule Local governments are faced with a number of court decisions which restrict or deny local regulation. These decisions at the same time fail to give guidance as to which subjects they may regulate. This should be corrected. It is for the foregoing reason that I have introduced legislation this session, Senate Bill 4. SB 4 is aimed at restoring to local government the authority to respond quickly to local need. It will place the primary responsibility for the preservation of peace at the local level. I need your help in help can take two f. mation or incidents affected your local to actively support etc. getting Senate Bill 4 arms: the first is to that you are aware of government during the the legislation throul enacted into law. Your supply me with any infor- where preemption has past year; the second is 3h publications, resolutions, I would deeply appreciate your cooperation, and I leave you with the thought that if current judicial trends continue, and if the State Legislature does not act, local government is jeopardized. Sincerely, ~ .~L ~ H. L. RICHARDSON State Senator HLR/~ s '1 ~'- ~ C_ SENATE BILL No. 4 Introduced by Senator Richardson January 7, 1969 REFERRED TO COMMITTEE ON JUDICIARY An act to add Secttions 9618 and 9619 to the Government Code, relating to construction of statutes. The people of the State of California do enact as follows: 1 SECTION 1. Section 9618 is added to the Government Code, 2 to read : ' 3 9618. A statute shall not be construed to interfere with or 4 preclude local, police, sanitary, and other regulations author- s ized by Section 11 of Article XI of the Constitution and local 6 regulations shall be permitted notwithstanding astatute on the 7` same or a related subject, except only in the following cases 8 1. When the regulation duplicates general law. 9 2. When the regulation authorizes or purports to authorize 10 that which is expressly prohibited by general law. ' 11 3. When the regulation prohibits or purports to prohibit 12 that which is expressly permitted by general law. LEGISLATIVE COUNSEL'S DIGEST SB 4, as introduced, Richardson (Jud.). Construction of statutes. ' Adds Secs. 9618 and 9619, Gov.C. Specifies circumstances under which state statute shall be considered to prevail over local, police, sanitary, and other regulations adopted by a city or county. Provides such provisions as to prevailing of state statute shall not be deemed to authorize political subdivisions to regulate water district or agencies and public utilities, or any public district rendering a utility service, except as could be regulated prior to effective date of act. Exempts labor organizations or any activity or conduct thereof with respect to any individual or entity, including but not limited to their members, the public, or any public or private employer, from such provision as to prevailing of state statute. . Vote-Majority; Appropriation-No; Sen. Fin.-No; W. & M.-No. .P ~~9~ ~~ ~ °`~"~ SACRAMENTO ADDRESS STATE CAPITOL SACRAMENTO, CALIFORNIA 9561h TELEPHONE: 916-445 - 7444 DISTRICT OFFICE y y ~ ~ ~} 714 SECOND STREET ~ ~ '^7 [7-- 'T L7 EN CINITA S, CALIFORNIA 92024 f V { f ' TELEPHON E: 714-753-65GI ~ JOHN STULL MAJORITY WHIP ASSEMBLYMAN, EIGHTIETH DISTRICT SAN DIEGO COUNTY 2 April 1969 Mr. Kenneth P. Campbell City Clerk City of Chula Vista Chula Vista., California 92010 Dear Mr. Campbell: C JMMI'fTEES EDUCATION C HAIRMAN, SUB-COMMITTEE ON EDUCATIONAL ENVIRONMENT REVENUE AND TAXATION LABOR RELATIONS MEMBER COMMISSION OF THE CA LIFORNIAB JOINT COMMITTEE ON ASSESSMENT PRACTIO E5 Thank you for the copy of the Chula Vista City Council's resolution Number 5097 concerning SB 4, re- lating to construction of statutes. As you may know, I am a co-author of this measure and intend to support it in the Assembly. I do appreci- ate hearing of your thou s on this bill and thank you for your interest ancj. one rn. ~ S'nce ly, ~;~ ~~~ ___._ ~o ~ stall, 80th District JS/sy ,- T ~ ,~ ~,