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Home My WebLink AboutMINUTES - 12191995 - SD7 SD.7 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _December 19, 1995_ by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Real Estate Fraud Prosecution Trust Fund The Board considered the proposed resolution presented by Gary Yancey, District Attorney, that would provide for the County Recorder to impose a $2 fee on every real estate instrument as defined in Chapter 942, Statues of 1995 (SB-537) effective January 1, 1996, and the establishment and deposit of such fees in the Real Estate Fraud Prosecution Trust Fund. Mr. Yancey advised that the statute mandates the District Attorney to prepare a yearly comprehensive report to the Board of Supervisors that will also include the administrative costs of the County Recorder having the responsibility of collecting and depositing the fees into the Trust Fund. The District Attorney advised that the program will be reviewed at the end of two years to determine if it should be continued. The following persons spoke in support of the fee: John Wolfe, Contra Costa Taxpayers Association, 820 Main Street, Martinez; and Darlyne Houk, Contra Costa Association of Realtors, 111 N. Wiget Lane, Walnut Creek. All persons desiring to speak were heard. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that the Boards of Realtors in Contra Costa County are REQUESTED to work with the District Attorney on an education or outreach program to disseminate information to decrease the incidence of real estate fraud. The Board then ADOPTED Resolution No. 95/633 establishing the Real Estate Fraud Prosecution Trust Fund. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Boar+of Supervisors on the date shown. cc: District Attorney J,Z`� GAJ I/y, /jy, Boards of Realtors ATTESTED: PHIL BATCHELOR,clerk of the Boaro Clerk-Recorder of Supervisors and County Administrator Auditor-Controller by ' �� - ��'Deputy Contra Costa TO: BOARD OF SUPERVISORS 's County FROM: PHIL BATCHELOR County Administrator GARY YANCEY RESOLUTION NUMBER: 95/633 District Attorney DATE: November 27, 1995 SUBJECT: ESTABLISHMENT OF REAL ESTATE FRAUD PROSECUTION TRUST FUND Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATIONS: 1 . AUTHORIZE and direct County Recorder to impose a fee of $2 on every real estate instrument as defined in Chapter 942, Statutes of 1995 (SB-537) , effective January 1, 1996 and to deposit such fees in the Real Estate Fraud Prosecution Trust Fund. 2 . AUTHORIZE and direct the County Auditor-Controller to establish, effective January 1, 1996, the Real Estate Fraud Prosecution Trust Fund, pursuant to Chapter 942 , Statutes of 1995 (SB-537 ) . FISCAL IMPACT: At this time, it is anticipated that approximately $180,000 per year will be generated basis to be deposited in the Real Estate Fraud Prosecution Trust Fund enabling the District Attorney as the chief officer responsible for consumer protection and prosecution within the County to investigate and prosecute various real estate fraud offenses . REASONS FOR RECOMMENDATION/BACKGROUND: Establishment of the Fund indicated ' above and authorizing fees to be collected by the County Recorder to be deposited into the Fund will significantly enhance the ability of the District Attorney to investigate and prosecute various crimes related to real estate fraud. The current resources of the District Attorney' s Office in terms of prosecuting various types of fraud crimes is limited. These funds will permit the District Attorney to dedicate attorney and investigative resources to various real estate fraud cases which are often complex and labor intensive. An additional benefit of this will be that it will permit the Consumer Protection Unit within the District Attorney's Office to spend significantly more time on other kinds of fraud cases with increased public protection benefit. he law requires the District Attorney to prepare a report on the program nually and to submit such report for review to the Board of Supervisors . l % ' Continued on Attachment: YES S ' a Recommendation of County Administt Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: Dec. 19 , 1995 Approved as Recommended X Other Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE XX - - - AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes : Noes : ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: George Roemer (646-4855) Attested: December 19 , 1995 cc: County Administrator's Office Phil Batchelor, Clerk of District Attorney the Board of Supervisors Auditor-Controller and County Administrator County Clerk-Recorder (S.Weir) Assistant Clerk-Recorder By: DEPUTY (Barbara Chambers) RESOLUTION NO. 95/633 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Hearing on establishment of Real Estate Fraud Prosecution Traust Fund I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of Notice of Hearing to the following : Jeff Lawrence Jeanne C. Pavao Braddock & Logan Albert D. Seeno Contstruction Co. 4155 Blackhawk Plaza Cir . 4021 Port Chicago Highway Suite 201 Concord, CA 94524 Danville, CA 94506 The Hofmann Company BIA of North California Attn:David Lennon Attn: Guy Bjerke P.O. Box 907 P.O. Box 5160 Concord , CA 94522 San Ramon, CA 94583 Dennis J. Razzari Davidon Homes 1600 South Main St. #150 Walnut Creek , CA 94596 I declare under penalty of perjury that the foregoing is true and correct. Dated November 27 , 1995 at Martinez, California. (11% 01AA,16AJ A n Cervelli, Deputy C577- 3 "• ri r NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on December 19 at 1:15 p.m. in the Board of Supervisors Chambers at 651 Pine Street, 1 st Floor, Martinez, CA a public hearing will be held to adopt fees for Real Estate Fraud Prosecution. A copy of the fee proposal is on file in the Clerk of the Board of Supervisor's Office at 651 Pine Street, 1 st Floor, Martinez, CA. Phil Batchelor, County Administrator 651 Pine Street, 10th Floor Martinez, CA 94553 November 29 , 1995 aft 0-4 JA&jo LD D p'V t C e r k REAL ESTATE FRAUD PROSECUTION TRUST FUND FEE CALCULATION DOCUMENT Estimated revenue from January 1, 1996 through June 30, 1996: $90,000 Approximately 45,000 Real Estate instruments which meet the requirements as defined in Chapter 942, Statutes of 1995 (SB-537) times $2.00 per instrument. Estimated annual revenue: $180,000 Approximately 90,000 Real Estate instruments which meet the requirements as defined in Chapter 942, Statutes of 1995 (SB-537) times $2.00 per instrument. ~; OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 10th Floor Martinez, California 94553 DATE: November 22, 1995 TO: JEANNE MAGLIO 7Se f the Board RECEIVED FROM: G ED OEMER NOV 2 7 1995 eputy " ntyAdministrator CLERKBOARLIOFSUPERVISORS CONTRA "0STA co. SUBJECT: ESTABLISHMENT OF REAL ESTATE FRAUD PROSECUTION TRUST FUND The attached notice of Public Hearing will be published in the Contra Costa Times on December 12 and December 15. Also attached is the "Fee Calculation" document for public inspection. The affidavits of publication will be forwarded to you after publication. If you need any additional information, please contact Lisa Driscoll at 64855. LD: Attachments