Agenda

Return

D.4

To:	Board of Supervisors
From:	Deborah R. Cooper, Clerk-Recorder
Date:	March 31, 2020

Contra

Costa

County

Subject:

Hearing to Establish a Recording Fee for a County Recorder Archive Program and to Eliminate the Fee for the Social Security Number Truncation Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/31/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

B. Dunmore 925-335-7919

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 31, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN the public hearing, RECEIVE testimony, and CLOSE public hearing;
2. ADOPT Ordinance No. 2020-11 modifying the Clerk-Recorder Fee Schedule to establish a recording fee of one dollar ($1.00) per document until January 1, 2026, for a county recorder archive program; and

3. ADOPT Ordinance No. 2020-10 eliminating a recording fee of one dollar ($1.00) per document for the Social Security Number Truncation Program.

FISCAL IMPACT:

The fee for the county recorder archive program will generate approximately $240,000 per year to pay for the program's implementation and ongoing operation costs. At the same time, elimination of the fee for the Social Security Truncation Program will result in the reduction of approximately $240,000 per year.

BACKGROUND:

The Clerk-Recorder desires to fund a county recorder archive program under Government Code section 27361.4(a)(2), which allows for the imposition of a fee of one dollar ($1) for filing every instrument, paper, or notice for record, to implement and fund a county recorder archive program. The funds generated by the fee can only be used to pay for the implementation and ongoing operational costs of the program. Further, the fee cannot be charged after January 1, 2026, when authority for the fee is automatically repealed by law.

The fee is in addition to all other recording fees charged by the Clerk-Recorder.

At the same time, the Clerk-Recorder wishes to eliminate the one dollar ($1) fee per document for the Social Security Number Truncation Program, which was adopted pursuant to Ordinance 2008-17 and under the authority of Government Code section 27301. Under this state-mandated program, the Clerk-Recorder was required to redact the first five digits of all social security numbers from all official records recorded with the Clerk-Recorder, so that only the last four digits appear on the public record version. The Clerk-Recorder has now completed the partial redaction of social security numbers from its official public records and, thus, no longer needs the revenue generated by the fee.

CONSEQUENCE OF NEGATIVE ACTION:

If the recommended actions are not approved, the Clerk-Recorder will lack a source of funds to implement and fund an archive program but will collect funds for the social security truncation program, which it has completed.