HomeMy WebLinkAboutMINUTES - 05222012 - C.70RECOMMENDATION(S):
ADOPT Resolution No. 2012/228 establishing an Electronic Recording Delivery System (ERDS) pursuant to the
State Electronic Recording Delivery Act of 2004 and APPROVE and AUTHORIZE the County Clerk-Recorder, or
designee, to execute:
(1) a Memorandum of Understanding (the "CERTNA MOU") with the California Electronic Recording Network
Authority (CERTNA), a California joint powers authority, to participate in the CERTNA Electronic Recording
Delivery System, for a term of three years and payment of an annual amount not to exceed $80,000;
(2) a Memorandum of Understanding with CERTNA to participate in the CERTNA Government to Government
Electronic Recording Delivery System allowing electronic recording of real property documents by participating
government agencies; and
(3) Memoranda of Understanding with authorized submitters (such as title insurers and institutional lenders), in the
form of Memorandum of Understanding approved by CERTNA and approved as to form by County Counsel,
permitting submission of real property records electronically to the County Clerk-Recorder.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/22/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Mary Whatford,
925-335-7917
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: May 22, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.70
To:Board of Supervisors
From:Stephen L. Weir, Clerk-Recorder
Date:May 22, 2012
Contra
Costa
County
Subject:Resolution No. 2012/228 establishing a Clerk-Recorder Electronic Delivery System (ERDS)
RECOMMENDATION(S): (CONT'D)
FISCAL IMPACT:
There is no impact to the County General Fund for this program. It will be paid for with dedicated Recorder
Electronic Delivery System (ERDS) Trust fund monies. The annual cost will be determined by the number of real
property documents recorded in the previous year for which an electronic recording delivery fee was collected, as
specified in the CERTNA MOU.
BACKGROUND:
The Electronic Recording Delivery Act of 2004 ("ERDA") was established by AB 578 to authorize a county
recorder, upon approval by resolution of the board of supervisors and system certification by the Attorney
General, to establish an electronic recording delivery system for the delivery for recording of specified digitized
and digital electronic records.
CERTNA has developed an electronic recording delivery system, approved by the State Attorney General (the
"CERTNA ERDS"), for participation in the Electronic Recording Delivery Act of 2004.
Participating in the CERTNA ERDS will allow electronic recording of real property documents. This will
modernize real property transactions and allows authorized submitters (such as title insurers and institutional
lenders) to record with more flexibility and speed, which benefits the public.
Resolution 2012/228 authorizes the County Clerk-Recorder, or designee, to execute an MOU with CERTNA
providing for participation in the CERTNA ERDS for three years, and payment to CERTNA of an amount not to
exceed $80,000 per year (based on the annual recording volume of documents for which a $1.00 electronic
recording fee is collected), for a three year payment limit of $240,000.
Resolution 2012/228 authorizes the County Clerk-Recorder, or designee, to execute an MOU with CERTNA
providing for the County's participation in the CERTNA Government Agency to Government Agency (G2G)
electronic recording delivery system, allowing electronic recording of real property documents by participating
government agencies.
Resolution 2012/228 authorizes the County Clerk-Recorder, or designee, to execute MOUs in the form of MOU
approved by CERTNA and County Counsel and submitted with this board order, with authorized submitters
(such as title insurers and institutional lenders, and as specified in the ERDA) in accordance with the rules and
regulations established by the California State Attorney General, providing for electronic recording by authorized
submitters.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt Resolution 2012/228 will prevent the County from establishing an electronic recording delivery
system. Service to residents will not improve if the County does not participate in an electronic recording delivery
system.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2012/228