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RANCHO PALOS VERDES CITY COUNCIL <br />AGENDA REPORT <br />AGENDA DESCRIPTION: <br />MEETING DATE: 05/16/2017 <br />AGENDA HEADING: Consent Calendar <br />Consideration and possible action regarding a claim against the City by Michael <br />Fantore. <br />RECOMMENDED COUNCIL ACTION: <br />1) Reject the claim and direct Staff to notify the claimant. <br />FISCAL IMPACT: None <br />Amount Budgeted: N/A <br />Additional Appropriation: N/A <br />Account Number(s): N/A <br />ORIGINATED BY: <br />Dave Aleshire, City Attorney <br />REVIEWED BY: <br />Gabriella Yap, Deputy City Manager- <br />anager-APPROVED <br />APPROVEDBY: <br />Doug Willmore, City Manager ",f.,1_' <br />BACKGROUND AND DISCUSSION: <br />Mr. Michael Fantore ("Claimant") alleges as follows: he was granted an after -the -fact <br />permit to construct a deck on his property at 30530 Ganado Drive (Permit No. <br />ZON2015-00355) on August 4, 2015. After the permit was approved, he engaged <br />engineers and incurred $5,807.50 for their services related to construction of the deck. <br />The permit was then revoked on December 16, 2015. Claimant filed a claim for <br />damages in the amount of $5,807.50 on April 17, 2017, claiming that the City was liable <br />for the engineering expenses he incurred in reliance on the permit approval. <br />The City Attorney's office has reviewed the claim and advised the City to reject it for <br />three reasons: <br />1) The claim was presented to the City late. Pursuant to California Government <br />Code § 911.2(a), claims of this kind must be presented to the City within one <br />year of the alleged incident, which in this case occurred on December 16, 2015. <br />2) There is no basis for the City's liability. The Claimant improperly constructed the <br />deck without a permit. After the City notified the Claimant of the violation and <br />received an application for an after -the -fact permit, the City issued the permit. <br />The City then learned that the Claimant had submitted false information on his <br />application. As such, the permit was invalid and revoked and the permit fee was <br />01203.0019/374607.1 <br />1 <br />