Title
Approve the Amendment of Article XIII of the Master Fee Resolution, effective July 1, 2019, to set and authorize the adjusted fees contained in the attachment hereto for the County Clerk/Recorder’s Office.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve the Amendment of Article XIII of the Master Fee Resolution, effective July 1, 2019, to set and authorize the adjusted fees contained in the attachment hereto for the County Clerk/Recorder’s Office.
SUMMARY/DISCUSSION:
Section 1.40.010 of Chapter 1.40 of the Monterey County Code provides that all fees, penalties, refunds, reimbursements and charges of any kind by the County may be specified in the Monterey County Fee Resolution. Government Code 54985 specifies that amendments to this article require Board of Supervisor approval.
The County Clerk is requesting that the fees for County Clerk services be adjusted to be comparable to counties that surround Monterey County, counties that are tourist destinations and counties that are similar in population, to reflect the market rate for these services and establish parity with comparable counties. A survey of surrounding counties was performed (see attached study by fee type) and the County Clerk is requesting that comparable Monterey County fees be set at amounts at or below the average for each fee type. The proposed adjustments to these fees will assist in recovering current costs, while still not exceeding the actual cost of the services, all while remaining in parity with the market rates for these services.
Government Code Section 27361 (a) allows the base fee for the recording of every instrument, paper, or notice required or permitted by law to be recorded to be set by the local Board of Supervisors in an amount not to exceed ten dollars ($10). The County Recorder is requesting that its existing base recording fee of eight dollars ($8) be increased at this to time to ten dollars ($10). The proposed amendment to the base fee will assist in recovering current costs, while still not exceeding the actual cost as shown in the fee study.
The attached Article XIII sets forth the requested changes in “tracked” form. The requested section adjustments are shown on pages XIII-3 and XIII-4.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approves the requested action and resolution as to form.
FINANCING:
The collection of fees authorized under this Resolution is anticipated to increase the revenue for the County Clerk/Recorder Budget, which is a County General Fund budget, but will still not reflect recovery of 100% of the costs associated with the related activities. The recommended changes will result in less of a dependence on a General Fund subsidy and are being collected across the board from those who are actually receiving the services. By definition, these charges are not a ‘tax’ and are exempt from voter approval pursuant to Article XIII C section 1(e)(1)-(2) of the California Constitution (Prop. 26: charge imposed for specific benefit conferred/privilege/service or product provided or granted to the payor).
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The collection of fees authorized under this Resolution promotes an organization that practices efficiency and effectiveness and will assist in achieving a balanced budget.
___Economic Development
_x_Administration
___Health & Human Services
___Infrastructure
___Public Safety
Prepared by: Corina Morgan, Finance Manager, x5821
Authorized by: Stephen L. Vagnini, Assessor-County Clerk/Recorder, x5803
Attachments:
Attachment A - Proposed Article XIII (strike out version)
Attachment B - Proposed Article XIII (clean version)
Attachment C - Proposed Resolution
Attachment D - Clerk Comparable Fees
Attachment E - Recorder Fee Study