CC SR 20170620 Y - Fantore Rejection of Application for Leave to Present Late ClaimRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/20/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding an Application for Leave to Present Late
Claim by claimant, Michael Fantore.
RECOMMENDED COUNCIL ACTION:
1) Deny the application and direct Staff to notify the claimant.
FISCAL IMPACT: None
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Emily Colborn,
REVIEWED BY: Gabriella Yap,
APPROVED BY: Doug Willmore
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City Clerk-
Deputy City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Application for Leave to Present Late Claim (page A-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 #ZON2015-00355.
Mr. Fantore's claim alleges that he incurred $5,807.50 for engineering services related
to the deck after the Permit #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 the
slope was 29.14 degrees. Staff requested that the correct information be provided.
01203.0019/384352.1
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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 Council in a staff report
posted with the Council Agenda for the May 16, 2017 City Council meeting. That staff
report also explained other grounds as to why Mr. Fantore's claim could be denied,
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 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 Council meeting, the 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, 2017.1
On May 31, 2017, Mr. Fantore presented an Application for Leave to Present Late
Claim to the City requesting relief from the fact that he presented his claims for
damages beyond the deadline required by law. The Application alleges that Mr.
Fantore failed to present his claim on time due to "mistake, inadvertence, surprise or
excusable neglect."
'The lateness issue does not pertain to the defamation/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, 0217 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, this portion only of his claim is timely. The defamation/libel portion of the Amendment is being presented
separately to the Council for action on that claim through a different Agenda item.
01203.0019/384352.1
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RECOMMENDATION
The City Attorney's office recommends that the City Council deny the claimant's
Application for Leave to Present a Late Claim. The claimant has not provided any basis
for the allegation that his failure to present his claims on time was due to excusable
mistake, inadvertence, surprise, or neglect. He was actively involved in the City's
permit revocation process and has therefore been aware of the alleged factual basis for
his claim since December of 2015.
01203.0019/384352.1
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30530 Ganado Drive
Rancho Palos Verdes, Calif 90275
May 31, 2017
Rancho Palos Verdes City Clerk
Emily Colborn, MMC
30940 Hawthorne Boulevard
Rancho Palos Verdes, Calif 90275
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM
Dear Ms. Colborn:
RECEIVED
" 3 f. yR, .
MAY 3 .12017
Government Code 911.4 to 912.2, inclusive. The failure to present the claim was through mistake,
inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the
claim by the failure to present the claim within the time specified within in Section 911.2
Name, address and phone number of applicant:
Michael Fantore
30530 Ganado Drive
Rancho Palos Verdes, Calif. 90275
Phone Number: (562) 547-4284
Address Applicant desires notices to be sent:
Michael Fantore
30530 Ganado Drive
Rancho Palos Verdes, Calif 90275
Sincerely,
Michael Fantore
Enclosures: Demand and Amended Demand
A-1
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-2
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
A-3
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