TO: Board of Supervisors
FROM: John Tuteur - Assessor-Recorder-County Clerk
REPORT BY: John Tuteur - Assessor-Recorder-County Clerk
SUBJECT: Assessor-Recorder-County Clerk requests approval of Addendum 18 to Electronic Recording MOU with CA Department of Justice
RECOMMENDATION
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Assessor-Recorder-County Clerk requests approval of and authorization for the Chair to sign Addendum No. 18 to Memorandum of Understanding (MOU) Agreement No. 170547B with the California Department of Justice increasing the amount by $1,636 for a new maximum of $28,963 and extending the term through June 30, 2024 for cost-sharing in a statewide Electronic Recording Delivery System (ERDS).
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EXECUTIVE SUMMARY
Assessor-Recorder-County Clerk requests approval of and authorization for the Chair to sign Addendum No. 18 to MOU Agreement No. 170547B with the California Department of Justice increasing the amount by $1,636 for a new maximum of $28,963 and extending the term through June 30, 2024 for cost-sharing in a statewide Electronic Recording Delivery System (ERDS) fund.
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? |
Budgeted in the Recorder's Budget Unit under the Computer Software/Licensing Fees account line (52515) and will be offset from Special Revenue Fund (11400-59), Electronic Document Recording. |
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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. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
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.
BACKGROUND AND DISCUSSION
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 Recording Special Revenue Fund. Annual costs for Department of Justice oversight are paid from this fund.
The estimated statewide cost of the program for 2023-2024 is $375,891 of which Napa County's proportionate share is $1,636. Napa County's total share since inception including the 2023-2024 amount will be $28,963. Napa County began electronic recording in June 2016. We now record electronically approximately 60% of our daily documents.