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RESOLUTION AMENDING RESOLUTION NO. 84-197
ESTABLISHING THE SURFACE MINING
AGGREGATE OPERATIONS COMMITTEE
WHEREAS, Chapter 13 of the Butte County Code provides for a
comprehensive surface mining and reclamation policy; and
WHEREAS, the Board of Supervisors has determined that there is a need
for an advisory body that will advise them on all matters pertaining to the
setting of standards and ordinance modifications regarding surface mining;
and
WHEREAS, the Board of Supervisors on December 18, 1984 enacted
Resolution No. 84-197 establishing the Surface Mining Aggregate Operations
Committee; and
WHEREAS, the legislature has determined that there is a need for
industry representation on certain advisory bodies charged with assisting
local legislative bodies in the regulation of that industry; and
WHEREAS, both the state legislature and the California Fair Political
Practices Committee have endorsed the concept of industry representation
on certain regulatory and advisory committees by enacting legislation such
as Government Code Section 87100 et seq. and Section 18707.4 of Title 2,
Division 6, Chapter 7, Article I of the California Code of Regulations; and
WHEREAS, it was the intent of this body in enacting Resolution No. 84-
197 that surface mining industry representatives should be on the
committee; and
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WHEREAS, the Board of Supervisors has determined the need to
incorporate into resolution No. 84-197 the terms and provisions of Section
18707.4 of Title 2, Division 6, Chapter 7, Article I of the California Code
of Regulations.
NOW, THEREFORE, BE IT RESOLVED, that this Board hereby amends
Resolution 84-197 by the addition of paragraphs 4 and 5 to read as follows:
4. For the purposes of Government Code Section 87103 relating to those
situations wherein those members of the Surface Mining Aggregate Operations
Committee appointed to represent the interests of the surface mining
industry have a financial interest in a decision within the meaning of
Section 87100 of the Government Code, the "public generally" exception
created by Government Code Section 87102.5(a)(6)(C) shall apply as
specified in Government Code Section 87103(a) through (d).
5. In accordance with Government Code Section 87100 et seq. and California
Code of Regulations, Section 18707.4, the Board of Supervisors finds and
declares the following:
a. Those persons appointed to the Surface Mining Aggregate
Operations Committee to represent the interests of the surface
mining industry are appointed to represent and further the
interests of a specific economic interest.
b. Each member of the Surface Mining Aggregate Operations Committee
appointed to represent the interest of the surface mining
industry are required to have the economic interest the member
represents.
c. Those members appointed to represent the surface mining industry
shall not participate in any way in the consideration of a
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committee decision which has a material financial affect an an
economic interest of theirs other than the economic interest
those members were appointed to represent.
d. 'T'hose members appointed to represent the surface mining industry
will participate in committee decisions only when those
decisions will financially affect those member's economic
interests in a manner that is substantially the same or
proportionately the same as the manner in which those decisions
would financially affect a significant segment of the industry
those members were appointed to represent.
All other provisions of resolution No 84-197 shall remain in full
farce and effect and are hereby re-affirmed as originally stated.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 27th day of July 1999 by
the following votes:
AYES: Supervisors t3eeler, Houx, Josiassen, Davis and Chair Dolan
NOES : None
ABSEN`T' : None
NOT VOTING: Supervisors{/Bee~e~, Houx, ,Tosiassen, Davis and Chair Dolan
JANE`, DOLAI~ Chair
Butt County Board of Supervisors
ATTESTED:
JOHN BLACKLOCR
Chief Administrative Officer
and the Clerk of Board
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