HomeMy WebLinkAboutMINUTES - 11141989 - 1.43 1-043
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, Manager, State Route 4 Bypass
Authority
DATE: November 14, 1989
SUBJECT: CONFLICT OF INTEREST CODE FOR STATE ROUTE 4 BYPASS
AUTHORITY
Specific Request(s) or Recommendation(s) & Background &
Justification
I. RECOMMENDATION
APPROVE Conflict of Interest Code of the State Route 4 Bypass
Authority as adopted by the Board of Directors of the Authority.
II. FINANCIAL IMPACT
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The State Route 4 Bypass Authority was formed by a Joint Exercise
of Powers Agreement (JEPA) between the Cities of Antioch and
Brentwood and Contra Costa County executed for the purpose of
route adoption of the Delta Expressway. The Delta Expressway
will function as a bypass to State Route 4 extending from Antioch
to just south of Brentwood.
Continued on attachment: X yes Signature: oem
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other:
Signature(s)
Action of Board on: NOV 14 1999
Approved as Recommended >< Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF AN
Unanimous (Absent ) ACTION TAKEN AND ENTERED ON
Ayes: Noes: THE MINUTES OF THE BOARD OF
Absent: Abstain: SUPERVISORS ON DATE SHOWN.
Attested NOV 14 19$g
Orig. Div. : Public Works (RE) PHIL BATCHELOR,
cc: Board of Directors CLERK OF THE BOARD
D. Barry, Comm. Dev. OF SUPERVISORS AND
S. Goetz, Comm. Dev. COUNTY ADMINISTRATOR
M. Shiu, Road Engineering
T. Larson, Road Engineering
E. Whan, Road Engineering
JMW/EW:sd ---
BO: 14 .tll By
DEPUTY CLERK
BOARD OF SUPERVISORS
November 14 , 1989
Page 2
Through the JEPA, the Authority is empowered to make and enter
into contracts, employ agents and employees, meet and discuss
issues affecting the project, serve as a vehicle for the parties
to work together in advocating and developing strategies for the
project, incur debts, liabilities and obligations, sue and be
sued in its name, certify an environmental document and adopt an
alignment for the Delta Expressway. Based on the powers given
the Authority by the JEPA, Counsel determined - that the Authority
is a local public agency which possesses decision-making
authority. As such, the Authority must adopt a conflict of
.interest code.
Counsel prepared a draft conflict of interest code which was
brought before the Board of Directors of the Authority for
consideration. A public hearing was held on October 12 , 1989 to
receive comments on the draft code. No comments were received
and the code was adopted by the Board of Directors.
Prior to instituting the Code, the Authority must submit the
adopted Code to the Board of Supervisors for review and approval .
The Board of Supervisors is the code reviewing body for local
government agencies as provided for by State Law.
IV. CONSEQUENCES OF NEGATIVE ACTION
Failure of the State Route 4 Bypass Authority to adopt a conflict
of interest code will place the Authority in violation of
Government Code sections 87300-87312 , which require every local
governmental agency to adopt a conflict of interest code.