TO: Board of Supervisors
FROM: John Tuteur - Assessor-Recorder-County Clerk
REPORT BY: John Tuteur - Assessor-Recorder-County Clerk
SUBJECT: Addendum No. 19 to Agreement No. 170547B with the California Department of Justice.
RECOMMENDATION
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Approve and authorize Addendum No. 19 to Agreement No. 170547B with the California Department of Justice for cost-sharing in a statewide Electronic Recording Delivery System.
(Fiscal Impact: $1,922 Expense; Electronic Document Recording Special Revenue Fund; Budgeted; Discretionary)
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BACKGROUND
The Electronic Recording Delivery Act of 2004 (Act), Government Code section 27393 - 27399, establishes an
electronic recording delivery (e-recording) system and authorizes the California Attorney General to oversee
the process and for counties to participate via Resolution. The Act also requires any county establishing an e-recording system to pay the Attorney General for the direct costs related to the development and adoption of
corresponding regulations and oversight. Napa County was one of the original 21 counties to participate in the
process. There are now 52 counties in the program.
The Act permits county recorders to establish a fee of up to one dollar ($1.00) per recorded document to cover
startup costs of the Attorney General, development of the e-recording system, the review and approval of
vendors and authorized submitters and security testing. Napa County began collecting this fee in March 2010.
The fees are deposited in the Recorder Electronic Document Recording Special Revenue Fund. Annual costs for the Department of Justice oversight are paid from this fund.
The estimated statewide cost of the program for 2024-2025 is $382,756 of which Napa County's proportionate
share is $1,922. Napa County's total share since inception including the 2024-2025 amount will be $ 30,885.
Napa County began electronic recording in June 2016. We now record electronically approximately 60% of
our daily documents.
Requested Action: Approval and authorization of Addendum No. 19 to Agreement No. 170547B with the California Department of Justice.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Electronic Document Recording 11400-59 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
In 2005 California authorized a statewide Electronic Recording Delivery System (ERDS) for recording of digitized and digital documents. Napa County began electronic recording in June 2016. Participation in the ERDS from the outset in 2005 (21 counties which has now grown to 52) has been beneficial for Napa County in assuring our concerns and suggestions are addressed. Approximately 60% of daily documents are now recorded electronically. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
The Board has approved a $1.00 electronic recording fee for each document effective March 1, 2010. There is no sunset provision to this fee. MOU costs will be covered from these fees. |
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Consequences if not approved: |
Napa County will not be able to participate in the ongoing development and implementation of the ERDS. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California
Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.