ITEM:		PUBLIC HEARINGS
18.	CONSIDER FIRST READING OF ORDINANCE NO. 130 -- ESTABLISHING A CLAIM PROCESS FOR DAMAGES OR REFUND OF MONEY
Meeting Date:			September 11, 2007	Budgeted:	N/A
From:			David A. Berger,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Rick Dickhaut	Cost Estimate:	N/A
General Counsel Approval: Yes
Committee Recommendation: The Administrative Committee reviewed this item on September 11, 2007 and recommended approval.
CEQA Compliance: N/A

SUMMARY: The District does not currently have a comprehensive claims process adopted by ordinance. In the absence of such a measure, general provisions of law apply. Attached as Exhibit 18-A is a draft of Ordinance 130, An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Establishing a Claims Process for Damages or Refund of Money. The proposed Ordinance establishes a carefully crafted claims process, including setting forth specific claims criteria, limitation of class or representative claims and adoption of a shorter statute of limitations.

RECOMMENDATION: District staff recommends that the Board of Directors approve the first reading of Ordinance 130, An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Establishing a Claims Process for Damages or Refund of Money. If approved, second reading and adoption will be scheduled for the October 15, 2007 Board meeting.

BACKGROUND: The District does not currently have a comprehensive claims process adopted by ordinance. In the absence of such a measure, general provisions of law apply. General Counsel David Laredo has recommended that the District consider enactment of a claims process ordinance (Exhibit 18-B).

EXHIBITS

18-A Draft Ordinance No. 130

18-B August 31, 2007 Memo from David Laredo re Proposed Claims Filing Process

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