HomeMy WebLinkAboutMINUTES - 12152009 - SD.5RECOMMENDATION(S):
OPEN the public hearing on Ordinance No. 2009-34, RECEIVE testimony, and CLOSE the
hearing.
ADOPT Ordinance NO. 2009-34 establishing a $1 fee on each recorded document in order
to implement and operate an electronic recording delivery system.
FISCAL IMPACT:
This fee will generate approximately $300,000 per year to pay for the implementation and
ongoing costs of the Electronic Recording Delivery System.
BACKGROUND:
AB 578 established the Electronic Recording Delivery Act of 2004 (Article 6 of Chapter 6
of Part 3 of Division 4 of Title 1 of the Government Code). This act provided for the
California Attorney General's office to develop and adopt regulations for review, approval,
and
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: B. Chambers
335-7910
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: December 15, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 5
To:Board of Supervisors
From:Stephen L. Weir, Clerk-Recorder
Date:December 15, 2009
Contra
Costa
County
Subject:Public Hearing and adoption of Ordinance for Electronic Recording Delivery System
BACKGROUND: (CONT'D)
oversight of electronic recording delivery systems. These regulations provide for system
certification and security audits of the system and the users. Electronic Recordng
Delivery System means a system to electronically deliver for recording, and to return to
the party requesting recording, digitized or digital electronic records.
In order to pay costs under this section, Government Code sections 27397 allows a
county to impose a fee in an amount up to and including one dollar ($1.00) for each
instrument that is recorded by a county. The funds generated by the fee can only be used
to pay for the implementation and operation of the electronic recording delivery system,
the delivery and approval of vendors and potential authorized submitters, security testing
as required by Government Code sections 27300 through 27399, and reimbursement to
the California Attorney General for regulation and oversight of the electronic recording
delivery system.
CONSEQUENCE OF NEGATIVE ACTION:
The Clerk-Recorder would have to fund the electronic recording delivery system by
another funding mechanism (potentially with General Fund monies) or not participate in
this time and cost saving new technology.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
ERDS Ordinance