ADMINISTRATIVE COMMITTEE

 

7.

CONSIDER FIRST READING OF ORDINANCE NO. 130--ESTABLISHING A CLAIMS 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 ______________________.

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 7-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. 

 

EXHIBITS

7-A      Draft Ordinance No. 130

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

 

 

 

 

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