ITEM:		PUBLIC HEARINGS
18.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 130 -- ESTABLISHING A CLAIMS PROCESS FOR DAMAGES OR REFUND OF MONEY
Meeting Date:			October 15, 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. The Board of Directors approved the first reading of Ordinance 130 at the September 17, 2007 Board meeting.

RECOMMENDATION: District staff recommends that the Board of Directors approve the second reading and adopt 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.

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.

EXHIBITS

18-A Draft Ordinance No.130

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