March 30, 2005

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APPROVAL OF MINUTES
Item 1 January 27, 2005
Action Minutes for the January 27, 2005 hearing were adopted..
 
APPEAL OF EXECUTIVE DIRECTOR’S ACTIONS AND DECISIONS PURSUANT TO CODE OF REGULATIONS, TITLE 2, SECTION 1181, SUBDIVISION (c).
Item 2

Executive Director’s Decision that section 1188.4 of the Commission’s Regulations does not apply to the reconsideration of the Regional Housing Needs Determination: Councils of Governments decision (Items 5-6 below).Association of Bay Area Governments, Appellant.
Staff Analysis
Letter from ABAG, Appellant
Supplemental Analysis

Action The Commission adopted the staff recommendation to deny the appeal.
 
RECONSIDERATION OF TEST CLAIM DECISIONS DIRECTED BY THE LEGISLATURE AND PROPOSED STATEMENTS OF DECISION

Item 3

 

Regional Housing Needs Determination, 04-RL-3759-02, 04-RL-3760-03, and 04-RL-3916-04
Statutes 1980, Chapter 1143; Claim No. 3929
Directed by Statutes 2004, Chapter 227, Sections 109-110 (SB 1102)
Action The Commission adopted the staff recommendation to deny Board of Control claim nos. 3759, 3760, and 3916, effective July 1, 2004.
 
Item 4 Proposed Statement of Decision: Regional Housing Needs Determination, 04-RL-3759-02, 04-RL-3760-03, and 04-RL-3916-04
See Above
Action The Commission adopted the proposed Statement of Decision.
 
Item 5 Regional Housing Needs Determination: Councils of Governments, 04-RL-3929-05
Government Code Sections 65302, subdivision (c), and Sections 65580 – 65589; Statutes 1980, Chapter 1143 (Assem. Bill No. 2853)
Directed by Statutes 2004, Chapter 227, Sections 109-110 (SB 1102)
Action The Commission adopted the staff recommendation to deny Board of Control claim no. 3929 effective July 1, 2004.
 
Item 6 Proposed Statement of Decision: Regional Housing Needs Determination: Councils of Governments, 04-RL-3929-05See Above
Action The Commission adopted the proposed Statement of Decision.
 
REMAND OF TEST CLAIM DECISION DIRECTED BY THE COURT AND PROPOSED STATEMENT OF DECISION
Item 7 School Bus Safety II, 97-TC-22 (Peremptory Writ of Mandamus from the Superior Court, Department of Finance v. Commission on State Mandates (02CS00994))
Education Code Sections 38048 [Renumbered 39831.5], 39831.3, and 39831.5, Vehicle Code Section 22112
Statutes 1994, Chapter 831 (SB 2019)
Statutes 1996, Chapter 277 (SB 1562)
Statutes 1997, Chapter 739 (AB 1297)
Action The Commission adopted the staff recommendation to deny the test claim.
 
Item 8 Proposed Statement of Decision: School Bus Safety II, 97-TC-22
See above
Action The Commission adopted the proposed Statement of Decision.
 
ADOPTION OF PROPOSED PARAMETERS AND GUIDELINES
Item 9 False Reports of Police Misconduct, 00-TC-26
County of San Bernardino, Claimant
Penal Section 148.6, subdivisions (a)(2) and (a)(3)Statutes 1995, Chapter 590 (AB 1732)
Statutes 2000, Chapter 289 (SB 2133)
Action The Commission adopted the proposed parameters and guidelines.
 
Item 10 Integrated Waste Management, 00-TC-07
Santa Monica and Lake Tahoe Community College Districts, Co-Claimants
Public Resources Code Sections 40148, 40196.3, 42920-42928
Public Contract Code Sections 12167 and 12167.1
Statutes 1999, Chapter 764 (AB 75)
Statutes 1992, Chapter 1116 (AB 3521)
State Agency Model Integrated Waste Management Plan (February 1999)
Action The Commission adopted the proposed parameters and guidelines.
 
ADOPTION OF PROPOSED STATEWIDE COST ESTIMATES
Item 11 Differential Pay and Reemployment, 99-TC-02
Palmdale School District, Claimant
Education Code Sections 44977 and 44978.1
Statutes 1998, Chapter 30 (SB 1019)
Action The Commission adopted the proposed statewide cost estimate.
 
ADOPTION OF COMMISSION ORDER TO INITIATE RULEMAKING
Item 12 Implementation of Statutes 2004, Chapter 890 (AB 2856) Proposed Amendments to California Code of Regulations, Title 2, Chapter 2.5, Article 1. General, Article 3. Test Claims, Article 4. Mandates Recognized by the Legislature, Article 7. Hearings, And Article 8.5. Forms
Action The Commission adopted the order to initiate rulemaking.
 
STAFF REPORTS
Item 13 Chief Legal Counsel’s Report (info)
Recent Decisions, Litigation Calendar
Action No action.
 
Item 14 Executive Director’s Report (info/action)
Workload, SB 1033, Governor’s Proposed 2005-06 Budget, Reports to the Legislature, Legislation, and Next Hearing
Action No action.