Att 8 - Correspondence received from Felicidad Homeowners .pdf — San Clemente City Council, March 18, 2025

March 12, 2025
City of San Clemente
City Council
910 Calle Negocio
San Clemente, CA 92673
Over the past decade, the Felicidad Homeowners have requested Delicada Homeowners and the Broadmoor HOA to comply with City imposed Conditions of Approval requiring a height limit of 17 feet on trees, bushes and shrubs. They have consistently refused to comply or even engage with Felicidad Homeowners.

On November 19, 2024, the Council unanimously found that Broadmoor has failed to enforce its tree height restrictions on Delicada which the City imposed as a Condition of Approval 50 years ago. The Council also agreed that enforcement should be turned over to the City or a 3rd party, such as Felicidad Homeowners. The Council agreed to table their decision to a future meeting to allow Broadmoor and Felicidad Homeowners the opportunity to meet and hopefully come to a resolution without Council intervention. Despite multiple communications from Felicidad offering several available dates to meet, Broadmoor never responded.

Instead, Broadmoor took two months to devise a unilateral, and invasive process with unrealistic timeframes of 60 to more than 180 days. And that’s only IF the HOA agrees that a significant violation exists. “Smisko HOA process to Felicidad 2-4-25” Seventeen feet is not subjective. It is the roof height and a quick drive down Delicada easily reveals which properties have trees and foliage above the rooflines. No tape measure is even needed - See roof top compliance confirmation from City Planning Director “Exhibit 4 – letters to and from City Planning confirming height limit” We anticipate that Broadmoor may attempt to justify their inaction by claiming:

1. That Felicidad residents have refused access to their homes for mandatory inspections. x No such access is required to determine whether trees exceed the 17-foot height limit

2. That impacted views are subjective, despite the explicit language of Section 22, which imposes a clear height limit without any conditional view-based qualification.

3. That the height restriction is open to interpretation, which is an attempt to circumvent the straightforward enforcement of the rule.

Broadmoor’s management company has repeatedly failed to answer our clear and straightforward questions regarding their “required” home investigation. x “Compass 2-25-25 Felicidad requesting info”
x “Compass 3-4-25 Felicidad requesting info”
x “Compass no response to questions 3-10-25”
x “Smisko demand to inspect or no compliance 3-11-25”

“Broadmoor CCR Section 22” does not condition height limitations on view impacts, nor does it require intrusive inspections inside private homes to determine Broadmoor compliance.

Broadmoor’s stance appears to be an effort to make enforcement discretionary rather than mandatory, in direct contradiction to the governing regulations.

Furthermore, Section 22 cannot be amended without City approval, as stipulated in Section 2, “Broadmoor Section 2 and 4”. Broadmoor’s failure to enforce these provisions not only undermines the integrity of these regulations but also disregards the City’s authority in maintaining compliance.

If Broadmoor had genuine good-will, instead of causing further distress for Felicidad, they would have already implemented very simple and effective steps:

1. Issued "out of compliance" letters to Delicada offenders

2. If, after 2 weeks the offenders were still in violation, the HOA would have sent the HOA gardeners to cut the palms and vegetation to the required 17 feet The Association, and the City, has a right to enter upon the property and remove any structure or condition creating a violation
“Broadmoor CCR Enforcement article X section 4”
At the November 19 Council meeting, Mr. Smisko failed to acknowledge Broadmoor’s ineffective enforcement efforts, which amount to a negligible $100 monthly fine - insignificant for properties valued at over $2 million. Given the low home turnover on the Hill, most homeowners remain unaffected by such a nominal penalty. Even if Broadmoor places a lien, accrued fines can simply be settled upon the eventual sale, often after the homeowner’s passing, making enforcement virtually meaningless.

Broadmoor continues to disregard the interests and concerns of Felicidad Homeowners by deliberately failing to collaborate with Felicidad on a formal, documented agreement, and filed with the City.

Furthermore, the Management Company has not engaged with all Felicidad Homeowners. The height limit applies uniformly to every Felicidad property, regardless of whether a formal complaint, photographic evidence, or a Broadmoor-led inspection has been submitted. “Exhibit 4 – Letters to and from City Planning Confirming Height Limit”.

Felicidad is not an Association, we do not have a general fund, nor do we have lawyers at our disposal. We are individual Homeowners, and we should neither bear the burden of enforcement nor incur any cost to mitigate Broadmoor’s intentional violations.

Without City enforcement, Broadmoor and specifically Delicada Homeowners, currently have no compelling reason to ever comply with the 17 foot CC&R height restriction.

Broadmoor has demonstrated that it is either incapable or unwilling to enforce its tree height limitations as required by the City-imposed Conditions of Approval. The City’s focus should now be on swift compliance.

Given the continued delay tactics and the detrimental effect the ongoing non-compliance has had on the financial value of Felicidad properties, we respectfully request that the Council expedite City enforcement of the Broadmoor height limit, without further delays.

Respectfully submitted,
Paul and Reva Buck
City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.

Facts:

It has come to our attention that there are violations of Article VII, Section 22, of your CCRs, specifically pertaining to the height restrictions on trees, bushes, and shrubs. The relevant section states:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Additionally, Article XII of the CCRs grants the City of San Clemente the authority to enforce these regulations, if the HOA fails to do so. The Article states:
"If the City Council of the City of San Clemente reasonably determines at a public hearing held after not less than ten (10) days’ prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving the Association written notice of its determination that the Association has failed to perform its duties… the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice." Code Compliance Division
910 Calle Negocio, San Clemente, CA 92673
www.san-clemente.org

Page 2 ends

Demand:

To avoid the City exercising Article XII, the City hereby demands that the Broadmoor HOA take immediate action to ensure compliance with the CCRs regarding tree heights within the development, including but not limited to, trees located on the properties between 201 and 327 Calle Delicada, San Clemente, CA.

If the Association does not remedy this issues of non-compliance within thirty (30) days from the date of receipt of this notice, the City of San Clemente may assume enforcement duties as outlined in Article XII.

Consequences:

Per Article XII, the reasonable costs of the City’s enforcement, if any, will be borne by the Association, and failure to pay these costs within sixty (60) days will result in the City levying and collecting a uniform assessment against each lot within Broadmoor San Clemente.

Please provide written confirmation of your action plan to address the issues of noncompliance set forth above within the specified timeframe. Should you have any questions or require further clarification, please do not hesitate to contact me directly.

Thank you in advance for your prompt attention to this matter.

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
Danielle Sorahan

Subject: Inspection Re-Schedule
Good morning,
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
y yg y
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?
Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?
Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit? The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit
Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad? Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
< > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree
violations as they have been conducted over the years
with the homeowners of Broadmoor. When a complaint
is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is
and has been the process for those in the Broadmoor
community
community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> Cc: Reva Wright Buck
Paul Buck Ross Peterson
; John Milroy
Antonia Sipes
Subject: Re: Inspection Scheduled

Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

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DECLARATION OF LAURENCE R. LIZOTTE
Michael L Tidus, Bar No. 126425
[email protected]
Gregory R. Regier, Bar No. 193571
[email protected]
Brittany A. Ortiz, Bar No. 305775
[email protected]
JACKSON TIDUS, A Law Corporation
2030 Main Street, Suite 1200
Irvine, California 92614
Tel: (949) 752-8585; Fax: (949) 752-0597
Attorneys for Plaintiff
Paul Buck

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE – CENTRAL JUSTICE CENTER
PAUL BUCK, an individual,
Plaintiff,
vs.

ANGELO GARRUBA and LISA
GARRUBA and DOES 1 to 20,
Defendants.

CASE NO. 30-2019-01086744-CU-BC-CJC
Assigned to Hon. John C. Gastelum
Department C-11
DECLARATION OF LAURENCE R.

LIZOTTE
Complaint filed: July 29, 2019
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DECLARATION OF LAURENCE R. LIZOTTE
DECLARATION OF LAURENCE R. LIZOTTE
I, Laurence (Larry) R. Lizotte, currently residing at 23972 Paseo Del Campo, Laguna Niguel, CA 92677, make the following statements based on the best of my personal knowledge of the facts and circumstances stated herein:

1. I have read the “DECLARATION OF SALLY SARGENT executed on October 6, 2020” (attached Exhibit 1), and the “DECLARATION OF ALAN JAY RICE on May 16, 2020” (attached Exhibit 2), and declare that both documents reflect my recollection and understanding about the negotiations, agreements and conditions of approval among the City of San Clemente (“City”), Broadmoor Homes, Inc. (“Broadmoor”), and the Calle Felicidad neighbors about the approval of the Broadmoor homes on Calle Delicada.

2. I was the Senior Vice President of Broadmoor, which developed the Broadmoor Community during the 1970s. I was the key individual working with the City to obtain approval to build homes on Tract 8162, the greater Broadmoor development, and more specifically Tract 8963 which represents the 19 houses on Calle Delicada and their common areas.

3. Initially, we encountered considerable resistance to our planned development from a group of residents on Calle Felicidad which is the adjacent street to the Broadmoor tract development and directly uphill from Calle Delicada. The group was known as the “Rancho Margarita Associates” and they were very concerned about the impact that the Broadmoor development would have on their ocean and coastal views and other aspects such as housing density, architectural size and style and other factors that could negatively impact these Felicidad residents.

4. The Felicidad residents regularly attended City Planning Commission and the City Council meetings and voiced their concerns when issues about the Broadmoor development of tracts 8162 and 8963 were being considered. I and my Broadmoor colleagues also attended these meetings. Sally Sargent, who was one of the homeowners representing the Felicidad residents, was a vocal participant at these meetings and was well known to me. ///
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DECLARATION OF LAURENCE R. LIZOTTE

5. There were several meetings between me, my colleagues at Broadmoor and the Felicidad residents. One such meeting was held on November 27, 1973, at the home of Sally Sargent, at 203 Calle Felicidad. (See p. 6 of the San Clemente Planning Commission Minutes of November 28, 1973, attached as Exhibit 1.) Through this meeting and others, compromises and concessions were negotiated to the satisfaction of Broadmoor, the Felicidad homeowners, the City’s Planning Commission and the City Council. These included (1) the regrading of the Felicidad backyard slopes and (2) the elimination of the sidewalk requirement on the east side of Calle Delicada in order to gain more platform area to meet City Ordinance requirements to build the Delicada houses. These concessions were agreed to in exchange for permanent Delicada height restrictions so as to preserve views from Calle Felicidad.

6. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (Delicada) was finally approved. Sally Sargent asked for assurances that certain provisions in the final map approval requiring various restrictions be contained in the CC&R’s when recorded with the County so that the City, San Clemente, would not be faced with important elements omitted from the document. I, representing Broadmoor Homes, Inc., stated that all of these conditions of approval and restrictions would be included in the CC&R’s for the community that we were building and that such CC&R’s would be recorded with the County. The City Attorney also commented that he would set up a procedure to review these CC&R’s to ensure that all the various items were included therein before recording.

7. Subsequently, on January 16, 1976, Broadmoor Homes, Inc., signed off on the

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS for Tract 8963 (“SUPPLEMENTARY DECLARATION”), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The following section below is included in the document (Exhibit 1 at p.2) :

Section 3. No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered, placed or permitted to remain on any portion of the Property which exceeds one story in height with a maximum height of 17 feet. 1 2
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DECLARATION OF LAURENCE R. LIZOTTE
No tree, bush or shrub shall be placed or maintained upon (i) any Lot described in Exhibit “A”, attached hereto and incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.

8. At that time I understood that Sally Sargent’s key concern, and those of the Felicidad residents, was the preservation of the ocean and costal views from the homes on Calle Felicidad. I considered that the City’s condition of approval restricting the height of all items mentioned in section 3, above, that were also imposed in the SUPPLEMENTAL DECLARATION would be sufficient to preserve those views for the future.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on December __, 2020, at Laguna Niguel, California.

Laurence R. Lizotte

orwarded Message
From: Josh Smisko <[email protected]>
To: reva.wright < t>; Atamian, Adam
<[email protected]>
Sent: Wednesday, December 11, 2024 at 02:11:56 PM PST
Subject: RE: Broadmoor Association Tree Heights
Hi Adam,
The Board should have a response out shortly.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

From: reva.wright
Sent: Wednesday, December 11, 2024 12:48 PM
To: Atamian, Adam <[email protected]>
Cc:

You don't often get email from . Learn why this is
important
j g ;j g ;
[email protected];
[email protected]; Josh Smisko
<[email protected]>; Reva Wright
Subject: Re: Broadmoor Association Tree Heights
Hi Adam,
FYI, the Felicidad Homeowners have not heard from any Broadmoor representatives.

Take care,
Reva Wright Buck
On Monday, December 2, 2024 at 04:54:37 PM PST, Atamian, Adam <[email protected]> wrote:

Dear Mr. Smisko and Mr. Phillips,
Cc’d on this email are the Felicidad homeowners who have currently expressed interest in meeting with the Broadmoor Community Association to discuss the tree height issues present on properties within the Broadmoor Community. As discussed by the City Council at their last meeting, this is an opportunity to resolve these issues between the parties. We encourage both parties to participate in this effort, and hope for a timely resolution. While the meeting attendance, location, date and time, will be up to the two parties, I am aware that the Felicidad homeowners have indicated the following times as available:
• Thursday, December 5 after 5 pm
• Friday, December 20 after 5 pm
• Thursday, Jan 2 after 5 pm
I will leave the final coordination of this up to the Broadmoor Community Association and interested Felicidad homeowners.

Please note, I do not need to be Cc’d on all future emails on this, but I would like to kept apprised on the progress of these discussions especially as they relate to a final resolution of the issue. Thank you all for your participation in this matter, and I wish you the best in your discussions!
Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
P Please consider the environment before printing this e-mail Hide trimmed content

Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright John Milroy
; Ryan Phillips
<[email protected]>; Krystal
Cervantes <[email protected]>;
Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA
regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ?
That is a subjective criteria vs 17 ft which is not
subjective . Would Broadmoor allow a second story on
any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone
Sent from my iPhone
On Mar 11, 2025, at 11:32AM, Josh Smisko
<[email protected]> wrote:

Reva,
The purpose is to make sure there is a tree impacting your or your neighbor’s view. If there is a random tree, that exceeds 17 feet and impacts no one’s view, there is no need to remove it. The height restriction is a view protection.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy >; 'Ryan Phillips'
<[email protected]>; 'Krystal
Cervantes' <[email protected]>;
Josh Smisko <[email protected]>
Cc:

Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Again, without this information and a clear understanding of why anyone needs to enter Felicidad properties to conduct an undefined "investigation" rather than investigate the violating Delicada properties, we remain uncomfortable allowing strangers into our homes.

FYI, Two Homeowners that did allow Krystal and Linda (last name requested but still not provided) into their homes, found Linda to be argumentative and attempted to twist the 17' height limit into her own subjective assessment. Linda asked "which trees are blocking your view" as if she couldn't see them, and stated that they can't just go around cutting trees to 17 feet.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko <[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which
Board or Committee member is available and when to
attend. This is no different than a request that any
Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the
addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: John Milroy
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' >; 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'
<[email protected]>
Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: RE: Inspection Re-Schedule
Krystal,
We agree with Reva Wright. Since your response does not address Felicidad questions, will not be available on Thursday.

Regards,
John Milroy
From: reva.wright >
Sent: Monday, March 10, 2025 12:19 PM
To: Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>; Krystal Cervantes
<[email protected]>
Cc:
; Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Krystal
your response does not address our questions.

As a result, will not be available on Thursday.

Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada.
take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal
Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your q ( ) y
prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright <[email protected]>
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?

1. Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges th f h i ht I h tt h d 2 l tt f th Cit Pl i
the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that 203 Felicidad will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
i h@
<r wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
<p > wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
We have re-scheduled the inspection for those that weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck >
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes
<[email protected]>
Cc: Reva Wright Buck < >;
Paul Buck >; Ross
Peterson >; John Milroy
; Antonia Sipes >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22PM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25PM GMT+1
To: , Paul Buck < >,
Ross Peterson , John Milroy
< Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

Subject Broadmoor Association Tree Heights
From Josh Smisko <[email protected]>
To:

Date Feb 4 at 4:11PM
Dear Reva,
Our firm represents the Broadmoor San Clemente Community Association (“Association”), and we are reaching out on behalf of the Association’s Board of Directors regarding your recent interactions with the Association, as well as the San Clemente City Council and staff, concerning potential tree height issues on Calle Delicada that may be affecting your view.

If a tree or other structure on a neighboring property along Calle Delicada exceeds 17 feet in height and is directly impacting your view in a significant way, please submit your concerns to the Association’s Community Manager, Ryan Phillips/Krystal Cervantes at Compass Property Management, via email at
[email protected]. Be sure to include the address of the property in question along with photographs taken from your lot that clearly illustrate the issue.

In accordance with the Association’s enforcement procedures and policies, a representative from Compass Property Management and the Association will review your complaint. This process may include a site visit to assess the impact from your property. If a visit is necessary, we will reach out to coordinate a convenient time.

Should the Association confirm that a violation exists, it will take appropriate enforcement action with the property owner. Please note that this process may take between 60 to 180 days or more, depending on the circumstances. Providing clear and detailed information in your initial complaint will help expedite the review and resolution process.

Please direct any and all future correspondence on this matter to Compass Property Management. Thank you.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
i i Vi C
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

San Clemente City CouncilMarch 18, 2025

San Clemente City Council
March 18, 2025