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Recorder-Clerk recommending the Board adopt and authorize the Chair to sign Resolution 200-2020, delegating authority to the County Recorder-Clerk to take specific actions related to the County's participation in the Electronic Recording Delivery Act of 2004.
FUNDING: Electronic Recording Delivery and/or Modernization Trust Funds.
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DISCUSSION / BACKGROUND
The Electronic Recording Delivery Act of 2004 (ERDA), codified in Government Code Sections 27390 et seq., authorizes a county recorder to establish an Electronic Recording Delivery System (ERDS) for recording specified digitized and digital electronic records pursuant to the provisions thereof and regulations developed by the California Department of Justice. ERDA requires the California Department of Justice to certify and provide oversight for any electronic recording delivery system. Presently there are only two California Department of Justice certified portals for electronic recording available for county recorders in the State, the California Electronic Recording Transaction Authority Joint Powers Agency (CERTNA JPA) and the Statewide Electronic Courier Universal Recording Environment (SECURE), both of which are multi-county consortiums.
On March 9, 2010, the Board of Supervisor’s adopted Resolution No. 026-2010 approving the County’s participation in the CERTNA JPA and delegating authority to the County Recorder-Clerk or designee to represent the County on the CERTNA Board of Directors, conduct all negotiations, execute and submit all documents necessary to implement the establishment and maintenance of the ERDS, and participate in the management of CERTNA. (Legistar Item 10-0169)
Pursuant to Section 11 of the CERTNA JPA, "a party may withdraw from the Agreement as of the first day of July of any year following six months notice to the other parties by resolution of intent to withdraw adopted by the legislative body of the party..". The County must provide notification by December ...
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