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Regular-General Government # 37.
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| Board of Supervisors |
Clerk-Recorder/Assesor/Elections |
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| Subject |
| Adopt resolution authorizing Yolo County's participation in the California Electronic Recording Transaction Network Authority (CeRTNA) and authorize the Assessor/Clerk-Recorder/Registrar of Voters to execute Memorandums of Understanding with the California Department of Justice and with CeRTNA. (No general fund impact) (Salinas) |
| Recommended Action |
- Adopt resolution authorizing Yolo County's participation in the California Electronic Recording Transaction Network Authority (CeRTNA);
- Authorize the Assessor/Clerk-Recorder/Registrar of Voters to execute a Memorandum of Understanding (MOU) with the California Department of Justice, as well as an MOU with CeRTNA, for Electronic Recording Delivery Systems (ERDS) program implementation;
- Commence the imposition of an electronic recording fee not to exceed one dollar ($1) for each applicable real property instrument that is recorded by the County to be used for payment of County costs for implementation and participation in electronic recording under the ERDS; and
- Submit an application for system certification to the ERDS Program; and, in doing so to comply with the California Code of Regulations, Title 11, Division 1, Chapter 18, Articles 1 through 9.
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| Strategic Plan Goal(s) |
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In Support of All Goals (Internal Departments Only) |
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| Reason for Recommended Action/Background |
The Clerk-Recorder branch of the Assessor/Clerk-Recorder/Elections Department is responsible for examining and recording documents that establish ownership of land in Yolo County. This includes the recording of title documents, notes and home loan payoffs by homeowners, title companies, mortgage companies, and government entities involved in real estate transactions. The recording process traditionally has involved the transmission of original paper documents. However, electronic recording (e-recording) is less expensive - due to reduced paper, postage and mail processing costs - faster, and arguably, more reliable than the traditional paper-based process of submitting notarized documents to the Recorder.
California's electronic recording delivery act and regulations require that a county recorder must be authorized by resolution of the County's Board of Supervisors to establish an electronic recording delivery system and must also contain subsequent site-specific system certification from the ERDS program under the state Attorney General before the electronic recording can begin.
Since the successful conversion to a new document management system has been completed, the Yolo County Clerk/Recorder feels that it is time to move forward with joining CeRTNA, a state certified multi-county ERDS consortium, and take advantage of the benefits of electronic recording for Yolo County. CeRTNA is a joint powers authority that runs and oversees the ERDS program. The County would initially be joining as a "client", and after three years would be eligible to become a "partner". Both CeRTNA and the Department of Justice have independently set parameters for counties to use ERDS. |
| Collaborations (including Board advisory groups and external partner agencies) |
DFS - Procurement
County Counsel |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| Expenses and revenues related to this action will be included in the department's adopted 2020-21 budget. Anticipated number of documents subject to additional $1 fee increase are approximately 30,000 title documents. Anticipated annual expenses are $7,500 (30,000 Title Documents * $0.25 / Title). Any revenue collected in excess of anticipated expenses will be recorded as fund balance for future improvements to this system or for staff time dedicated to electronic recordings. |
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