COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

May 16, 2002

BOARD MEETING DATE:

May 21, 2002

TO:

Honorable Board of Supervisors

FROM:

John Maltbie, County Manager

SUBJECT:

County Manager's Report-Legislation #6

 

1.

AB 1798 (Chavez), Public Records Military Veteran Discharge

 

Background

AB 1798 would require that the county recorder inform in writing a veteran that the recording of their military discharge document will be a public record and requires the recorder to request that the veteran acknowledge in writing that he/she understands such.

 

The California Public Records Act requires that public records be available for public inspection and that every person has a right to inspect public records. State and local agencies can withhold records if the record is exempt as provided by the Act or that the public interest is best served by not making the record public. In contrast, the California Constitution (Article I, Section 1) provides an inalienable right to privacy. Other state laws declare the right to privacy requires that the maintenance and dissemination of personal information be subject to strict limits.

 

Discussion

AB 1798 would require the county recorder to inform veterans that the DD214 official separation from military service document will be a public record. There is no current requirement to notify veterans of this fact. The bill, in its prior version, would have declared such information confidential and require the county recorder to release the information only upon request, the showing of the requestor's identification and a valid reason for obtaining the information. The bill was amended to reflect county recorders' concerns.

 

The Board Legislative Committee has reviewed this bill. The Committee would prefer to see a bill with greater protection for the privacy of veterans who file military service separation documents with the County. However, the Committee believes the bill is a step in the right direction and as a result recommends the Board of Supervisors support AB 1798 (Chavez).

   

2.

Adopt a resolution of Support if Amended for AB 2776 (Simitian), Aviation Noise

 

Background

AB 2776 would include in existing notice and reporting requirements related to the sale or lease of land a statement regarding whether the subject property is encompassed within an airport influence area. The bill would also define an airport influence area. Existing law provides notice requirements and reports for a number of real estate transactions. Such documents include the public report for lands intended for subdivision, common interest development declarations, Real Estate Transfer Disclosure Statements and Natural Hazard Disclosure Statements.

 

Discussion

This bill would define an "airport influence area" and require a statement regarding whether a property is within an airport influence area as part of existing notice and reporting requirements. An "airport influence area" is the area in which current or future airport-related noise, overflight, safety, or air-space protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission, including an airport referral area. Subject properties include Common Interest Developments (CID), residential properties subject to the Real Estate Transfer Disclosure Statement and lands intended for subdivision subject to filings with the State Department of Real Estate. The California Association of Realtors is in opposition to this bill. Assemblymember Simitian continues to work with the realtors to address their concerns.

 

The Board Legislative Committee has reviewed AB 2776 (Simitian). The Committee expressed concern about the ability for the public to determine whether a parcel is located within an "airport influence area," as defined by the legislation. It is unclear how the airport influence area is to be determined and how that information is to be made available to the public. The Committee recommends this issue be clarified as a condition for the Board's support

 

Recommendation

Attached for your consideration is a resolution in support of AB 1798 (Chavez) and a resolution in support if amended for AB 2776 (Simitian)

 

Vision Alignment

Support of AB 1798 (Chavez) furthers the county's commitment to ensure basic health and safety for all and supports Goal #7 to maintain and enhance the public safety of all residents and visitors. Support of AB 2776 (Simitian) furthers the county's commitment to be a responsive, effective and collaborative government and supports Goal #22 to communicate on issues affecting the entire County.

 

3.

State Budget Update Number 3

   

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