CC SR 20170620 X - Denial of Fantore Defamation Libel Claim for DamagesRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/20/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim for defamation and libel against the
City by claimant, 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: Emily Colborn, City Clerke
REVIEWED BY: Gabriella Yap, Deputy City Manager =:
APPROVED BY: Doug Willmore, City Manager JVr
ATTACHED SUPPORTING DOCUMENTS:
A. Michael Fantore April 17, 2017, claim (page A-1)
B. Michael Fantore May 16, 2017, Amendment (page B-1)
BACKGROUND AND DISCUSSION:
On April 17, 2017, Mr. Michael Fantore ("claimant") presented a claim for damages to
the City for engineering expenses he alleges he incurred in reliance on a permit issued
by the City. The background of his claim is as follows: Mr. Fantore constructed a deck
on his property at 30530 Ganado Drive without obtaining the necessary permit from the
City. To address the unpermitted construction, the City informed him that he needed to
apply for an after -the -fact permit, which he subsequently did. The City granted him
Permit No. ZON2015-00355.
Mr. Fantore's claim alleges that he incurred $5,807.50 for engineering services related
to the deck after the Permit No. ZON2015-00355 was approved. Also, after the permit
was approved, Staff learned that Mr. Fantore's permit application contained incorrect
information. Specifically, Section 17.48.060 of the Rancho Palos Verdes Municipal
Code ("RPVMC") states [n]o development or construction of any structure shall be
allowed on any extreme slope (grade of thirty-five percent or greater). The information
provided on the plans submitted with Mr. Fantore's permit application did not correctly
describe the slope as a percentage, as required by the RPVMC, but rather stated that
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the slope was 29.14 degrees. Staff requested that the correct information be provided.
Following that request, after further review by Mr. Fantore's engineer, it was determined
that the deck was constructed on an approximately 59% slope, which is not permitted
by the RPVMC. Accordingly, because the unpermitted deck was constructed on an
extreme slope in violation of RPVMC §17.48.060, the after -the -fact permit was then
revoked on December 16, 2015.
Mr. Fantore's April 17, 2017, claim for the engineering expenses was untimely, having
been presented to the City approximately one year and four months after his permit was
revoked. The untimeliness of his claim was explained to the City Council in a Staff
report posted with the City Council Agenda for the May 16, 2017, City Council meeting.
That Staff report also explained other grounds for the denial of Mr. Fantore's claim,
including but not limited to the fact that the City had no liability because the permit was
revoked due to Staff's discovery that incorrect information was provided on the permit
application.
On May 16, 2017, prior to the City Council meeting, Mr. Fantore presented a document
to the City which he entitled an "Amendment" to the April 17, 2017, claim for damages.
In the "Amendment," Mr. Fantore demanded "property damages in the amount of
$250,000" and damages for "defamation [sic] libel." Because Mr. Fantore presented
this "Amendment" on the day of the City Council meeting, the City Council did not take
action on the claim and the item was continued so that Staff could evaluate the new
material submitted by Mr. Fantore.
Like the damages demanded in the original April 17, 2017, claim, the "property
damages" aspect of the Amendment was also untimely, as the permit revocation
occurred one year and five months before he presented his claim. Because the claim
for damages for engineering costs and property damage was not timely, Staff sent Mr.
Fantore a "Notice and Return of Late Claim" on May 30, 2017.
As for the defamation and libel portion of the Amendment, the City Attorney's office
investigated this claim. In a phone conversation with Mr. Fantore, he explained that the
defamation and libel claim arises out of the statements made in the May 16, 2017, Staff
report that Mr. Fantore's permit application contained "false" information. Because the
defamation and libel allegations are based on the May 16, 2017, Staff report, only this
portion of his claim is timely.
RECOMMENDATION
The City Attorney's office recommends that the City Council reject Mr. Fantore's claim
for defamation and libel because there is no basis for the City's liability. The reasons
why there is no liability include, but are not limited to, the fact that the statements in the
May 16, 2017, Staff report were true statements based on Staff's assessment of the
deck constructed on Mr. Fantore's property and the slope on which it is located.
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
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June 30, 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, as per Gov. 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 the
rejection is personally served or deposited in the mail, as per Gov. Code § 945.6(a)(1).
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30530 Ganado Drive
Rancho Palos Verdes, Calif 90275
April 17, 2017
Christina Burrows, Assistant City Attorney
City of Rancho Palos Verdes
30940 Hawthorne Blvd,
Rancho Palos Verdes, Calif. 90275
Subject: Demand for $5,807.50
Dear Ms. Burrows:
RECEIVED
As you have been informed previously, Permit #ZON2015-00355 was approved on August 4, 2015
after I was told on July 21, 2015 that the city geologist would be sent to my property on that same day
and he did arrive after the city arranged for him to come to my property. Two staff members at the
counter told me on the same day, "the permit would not be granted if the geologist found the hillside to
be unsuitable for my viewing deck"..After the geologist's approval on August 4, 2015,1 moved ahead
and contracted for two engineers for engineering services on the "approved" project spending
$5,807.50 on engineering. Several weeks later, I received a call from Mr. AraMiihranian on October
24, 2015 telling me to come to the planning department and cancel the above noted permit and my
$854.00 would be returned to me. No mention was made of the $5,807.50 that I had subsequently
spent on further engineering after the permit was approved. Then on December 16, 2015 Mr. Joel
Rojas, Planning Director told me, "the permit was revoked"! When I responded with, "what about the
geologist's visit to my property?" Mr. Rojas responded, "we didn't send a geologist to your property"!
At that point, I knew, I was being made the scapegoat for the city's approval of the above noted permit.
Now, I understand, Mr. Rojas has since retired from the city.
Please remit my demand forthwith.
Sincerely,
Michael Fantore
c: Finance Department
A-1
30530 Ganado Drive
Rancho Palos Verdes, Calif 90275
ZZ21;
City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, Calif. 90275
Subject: Amendment to Demand letter of April 17, 2017
Dear City Clerk:
The Demand letter of April 17, 2017 is being amended to include property damage in the amount of
$250,000.00 and for defamation libel, unspecified damages.
Sincerely,
Michael Fantore
As