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CC SR 20170516 S - Rejection of Fantore Claim Against the CityRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 05/16/2017 AGENDA HEADING: Consent Calendar Consideration and possible action regarding a claim against the City by Michael Fantore. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Dave Aleshire, City Attorney REVIEWED BY: Gabriella Yap, Deputy City Manager- anager-APPROVED APPROVEDBY: Doug Willmore, City Manager ",f.,1_' BACKGROUND AND DISCUSSION: Mr. Michael Fantore ("Claimant") alleges as follows: he was granted an after -the -fact permit to construct a deck on his property at 30530 Ganado Drive (Permit No. ZON2015-00355) on August 4, 2015. After the permit was approved, he engaged engineers and incurred $5,807.50 for their services related to construction of the deck. The permit was then revoked on December 16, 2015. Claimant filed a claim for damages in the amount of $5,807.50 on April 17, 2017, claiming that the City was liable for the engineering expenses he incurred in reliance on the permit approval. The City Attorney's office has reviewed the claim and advised the City to reject it for three reasons: 1) The claim was presented to the City late. Pursuant to California Government Code § 911.2(a), claims of this kind must be presented to the City within one year of the alleged incident, which in this case occurred on December 16, 2015. 2) There is no basis for the City's liability. The Claimant improperly constructed the deck without a permit. After the City notified the Claimant of the violation and received an application for an after -the -fact permit, the City issued the permit. The City then learned that the Claimant had submitted false information on his application. As such, the permit was invalid and revoked and the permit fee was 01203.0019/374607.1 1 returned. The revocation was upheld at a revocation hearing on December 16, 2015. 3) The City is immune from liability for alleged damages arising out of the City's exercise of discretion to issue, deny, suspend, or revoke permits such as the permit at issue in this claim, pursuant to Government Code § 818.4. If the City Council does not act on Claimant's claim for damages, the claim will be deemed rejected as a matter of law 45 days after date of the claim, which in this case is April 17, 2017. If a claim is rejected as a matter of law, the Claimant has two years from the date of the alleged incident in which to file a lawsuit, pursuant to Government Code § 945.6(a)(2). If, however, the City Council adopts Staff's recommendation to reject the claim, Claimant's statute of limitations will be reduced to six months from the date that the rejection is personally served or deposited in the mail, pursuant to Government Code § 945.6(a)(1). 01203.0019/374607.1 2