RPVCCA_CC_SR_2014_08_19_E_Claim_Against_the_City_Celena_RoldanTO:
FROM:
DATE:
SUBJECT:
REVIEWED:
CrTYOF RANC HO PALOS VERD ES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
KIT FOX, AICP, SENIOR ADMINISTRATIVE ANAL vs~
AUGUST 19, 2014
CLAIM AGAINST THE CITY BY CELENA ROLDAN
CAROLYNN PETRU, AICP, ACTING CITY MANAGE ~
RECOMMENDATION
Reject the claim and direct Staff to notify the claimant.
BACKGROUND
On July 29, 2014, the claimant made a "claim" to City property located at 43 Cherry Hill
Lane under the Homestead Act of 1862, proposing that the future use of the property
would be for lodging, recreation and agriculture (see attachment). The property in
question is an unimproved lot located in the active Portuguese Bend landslide area, and
was acquired from Los Angeles County in 2010 through a tax-default sale.
The City's Claims Administrator, Carl Warren & Company, has reviewed the "claim,"
advised the City that its coverage through CJPIA does not cover such "claims," and
suggested referral of the matter to the City Attorney. The City Attorney has determined
that the "claim" is without merit on the basis that the Homestead Act of 1862 was
invalidated by the Federal Land Policy and Management Act of 1976. Furthermore, the
"claim" provides no evidence showing that the claimant has established any specific right
of ownership, use or access for this City property, either before or since the City's
acquisition of the property in 2010.
Attachment:
• Claim by Celena Roldan (received 7/29/14)
M :\Municipal Facilities\43 Cherry Hill Homestead Act Claim\20140819_StaffRpt_CC .docx
E-1
From:
To:
Subject:
Date:
Attachments:
Hello Kit,
Celena Roldan
Re: Public Land -43 Cherry Hill Lane
Tuesday, July 29, 2014 11:33:56 AM
43 Cherry Hill Ln .. rtf
Here is the long and short of it in writing.
Celena
On Tue, Jul 29, 2014 at 10:58 AM, Kit Fox <KitF@rpv.com> wrote:
Dear Ms. Roldan:
I understand that you wish to "put a claim" on City property located at 43 Cherry Hill Lane.
Could you elaborate on what you mean by that so that I may better assist you? Please feel
free to contact me at the phone number or e-mail listed below.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Ma11aaer's Office
City ofRanchoPalos Verdes
30940 liawthorne Blvd.
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F: (310) 544-5291
E: kitf@qw.com
E-2
From: Celena Roldan
Date: July 29, 2014, 1
To: Ara Mihranian <AraM@rpv.com>
Subject: Re: Public Land
Ara Mihranian,
I would like to put a claim on 43 Cherry Hill.
Celena
On Mon, Jul 28, 2014 at 5:36 PM, Celena Roldan
Hello Ara,
What are the yearly property taxes on 43 Cherry Hill Ln per year?
Celena
On Mon, Jul 28, 2014 at 11: 11 AM, Ara Mihranian <AraM@rpv.com> wrote :
Ms. Roldan,
As you requested, attached is a list of City-owned public land.
Ara
Ara Michael Mihranian
Deputy Director of Community Development
wrote :
E-3
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310-544-5228 (telephone)
310-544-5293 (fax)
aram@rpv.com
www.palosyerdes.com/rpy
~ Do you really need to print this e-mail?
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or
protected from disclosure . The information is intended only for use of the individual or entity named . Unauthorized dissemination,
distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the
sender immediately. Thank you for your assistance and cooperation .
From: Celena Roldan [mailto
Sent: Thursday, July 24, 2014 3:31 PM
To: Planning
Subject: Public Land
PV Planning Dept.,
]
Who do I contact for a list of publicly owned land for the city?
Celena Roldan
E-4
43 Cherry Hill Lane, Rancho Palos Verdes California
By Celena Roldan
7/29/2014
This is a request to make a claim on 43 Cherry Hill Ln, Rancho Palos Verdes. The plan is to enact the
Homestead Act. The area will be used in the future for lodging, recreation and agriculture.
E-5