Att. 2 - Agenda Report and Exhibits, dated March 18, 2025 — San Clemente City Council, September 16, 2025 (part 2 of 2)

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
106 115

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
1 ATTACHMENT 11
107

EXHIBIT K
116

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
2 108 117

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
3 109 118

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
4 110 119

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
5 111 120
From: Atamian, Adam
To: [email protected]; [email protected] Cc: Josh Smisko
Subject: Notice of Hearing - Enforcement of Broadmoor CC&Rs - City Council Meeting November 19, 2024 Date: Friday, November 8, 2024 12:02:43 PM
Attachments: Notice of Public Hearing 11-19-2024 - Broadmoor Association CCR Enforcement.pdf [EXTERNAL]
Dear Mr. Phillips and Ms. Cervantes,
Please find attached Notice of Public Hearing for the November 19, 2024 City Council Meeting. Hard copies of this notice are also being sent via certified and regular mail. The City will provide notification to you when the agenda and agenda packet is published.

Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
SCSEAL
P Please consider the environment before printing this e-mail Attachment 12
112

EXHIBIT L
121
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

The identified violations pertain to Article VII, Section 22, of the Broadmoor CC&Rs, specifically related to height restrictions for trees, bushes, and shrubs within the community. The CC&Rs stipulate:
"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." Hearing Details:

Date: November 19, 2024
Time: 6:00 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

This hearing has been scheduled to review the CC&R violations and determine whether the City of San Clemente shall assume enforcement duties as permitted under Article XII of the Broadmoor HOA CC&Rs. Should the City take on enforcement responsibilities, the reasonable costs incurred, including reasonable attorney fees, may be assessed to the HOA, potentially leading to a uniform assessment against each lot within Broadmoor San Clemente.

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 113 122
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
114 123

CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tern Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Closed Session concluded at 5:57 p.m.

Page 1 of 26 ends

Attachment 3
124
EXHIBIT 3Type
City Council Regular Meeting Minutes November 19, 2024
8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,

APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,

IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP)
Mayor Cabral opened the Public Hearing.

City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, to:

1. Adopt Resolution No. 24-169 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,

STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE.

2. Repeal Resolution No. 21-11.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.

Mayor Cabral opened the Public Hearing.

Councilmember Loeffler disclosed that he met with Broadmoor residents.

Mayor Cabral disclosed that he visited the site.

Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Joshua Smisko and David Hickey. counsel for the Broadmoor Homeowners

Page 9 of 26 ends

125
City Council Regular Meeting Minutes November 19, 2024
Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.

Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.

Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.

Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.

Paul Buck, San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the photograph is on file with the City Clerk.

Eric Fermin narrated a PowerPoint presentation displaying photographs of trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.

Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.

John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.

Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.

Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broad moor Homeowners Association.

Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.

Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-173.

Mike Kay opined that the City should only be involved in enforcement of CC&Rs when it concerns homeowners associations not clearing vegetation in open space and to protect views for residents.

Page 10 of 26 ends

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City Council Regular Meeting Minutes November 19, 2024
Ryan Phillips, Broadmoor Community Manager, responded to City Council inquiries.

Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.

Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.

There being no others desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Duncan, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broad moor Homeowners Association Community.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

MEETING RECESS
The City Council meeting recessed at 9:12 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.

9. Unfinished Business
None.

10. New Business
1 0A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND

INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY

TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY

MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.

2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

Page 11 of 26 ends

127
1 Atamian, Adam
From: Josh Smisko
Sent: Tuesday, February 4, 2025 3:39 PM
To:

Subject: Broadmoor Association Tree Heights
Dear ,
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.

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
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
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.

ATTORN EYS AT LAW

MISSION CORP ORATE PLAZA
27261 LAS RAMBLA S, SUITE 120
MISSION VIEJO, CALIFORNIA 92691
TELEPHONE (949) 614-1550
FACSIMILE (949) 748-3990
BroadmoorSanClemente/CityofSCFurtherReply/020525
February 5, 2025
City of San Clemente
City Council
c/o Adam Atamian
910 Calle Negocio
San Clemente CA 92673
VIA U.S. MAIL &
EMAIL
[email protected]
Re: Broadmoor San Clemente Community Association
Subject: Tree Height Violation Hearing
Dear Members of the City Council:

As you are aware, this firm is legal counsel for the Broadmoor San Clemente Community Association (“Association”). We are writing to you regarding the recent Public Hearings regarding the tree height restriction within the Association’s CC&Rs and the Association’s enforcement of that restriction and the Association’s plan moving forward.

The Association’s Board of Directors has been deliberating on a path forward. The Board has elected to reach out to each Calle Felicidad owner directly and offer them the opportunity to send a complaint to the Association’s management company if a downslope owner on Calle Delicada has a tree in violation of the height limit, unreasonably impacting the Calle Felicidad owner’s view. Once Compass Property Management receives this formal complaint, they will investigate it and determine the next step forward, despite these Calle Felicidad owners not being dues paying members of the Association.

If the complaint is confirmed, then Compass Property Management will initiate violation procedures against that homeowner on Calle Delicada. Despite the comments made by the Calle Felicidad owners at the hearings, and comments from the recent City Council meeting, the Association cannot legally take immediate action (or go on to private property and trim or remove these trees). Under the violation enforcement policy, the offending Calle Delicada owner will first be sent a demand letter to cure the violation.

After 30 days has passed, if the violation has not been satisfactorily corrected, that homeowner will receive another demand letter and invitation to a violation hearing, where a fine can be levied by the Board. If this step has not resulted in the tree being trimmed or removed, the next step under California law, is for the Association to offer Internal Dispute Resolution (“IDR”) as required under Civil Code Sections 5910 and 5915.
www.HickeyAssociates.net
Attachment 5
129
EXHIBIT 5
City of San Clemente
February 5, 2025

Page 2 ends

BroadmoorSanClemente/CityofSCFurtherReply/020525
IDR is a formal meeting with the homeowner and Board representative to discuss the issues and attempt to obtain a resolution without requiring further legal action. The IDR meeting is usually set within 30 days. If a resolution is reached, it is memorialized and should be acted upon.

If the owner ignores the IDR offer, or no resolution is reached, then the Association must legally offer the owner to participate in Alternative Dispute Resolution (“ADR”).

ADR is essentially a formal mediation or arbitration hearing with the parties and a neutral and the costs are shared equally. Pursuant to the Civil Code, the Association may not file an "enforcement action" in superior court unless the parties have first "endeavored" to submit their dispute to ADR pursuant to Civil Code Section 5930(a). ADR hearings are usually set within 90 days. If the owner refuses to participate in ADR, and/or no resolution is otherwise reached, then the Association may proceed with enforcement litigation against that owner. Litigation may take anywhere from 12 to 24 months or longer to complete.

The City Council and Calle Felicidad owners are greatly mistaken if they believe the Association can just go and cut down a tree on private property in the next 30 days. Further, if the City Council should elect to disregard the Association’s enforcement procedures required by statute, and its timelines and “assign” the enforcement “right” to the owners of Calle Felicidad, or act to enforce it themselves, either party must follow the same rules, procedures and California law that is required of the Association as outlined in the CC&Rs, Art. XII, “…In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.” The Association has no right to enter private property and cut down allegedly offending trees.

In summary, the Board has “heard” the City Council and reached out to each owner on Calle Felicidad and given them an opportunity to file a complaint against a Calle Delicada owner, as if they were dues paying members of the Association, which they are not. If a complaint is determined to be supported, the Board will/has begun enforcement measures against the Calle Delicada owner(s). As such, the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration. Respectfully, this matter should be deemed closed by the City Council or at a minimum continued out for at least 6-8 months to allow the process to unfold.

Very truly yours,
HICKEY & ASSOCIATES, P.C.

Joshua A. Smisko, Esq.

JAS:rf
cc: Board of Directors,
Broadmoor San Clemente Community Association
130
Attachment 6
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Cc: Joshua Smisko, Esq. (via email only)
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

Date: March 18, 2025
Time: 5:30 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 131
EXHIBIT 6
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
132
133
Begin forwarded message:

From: Josh Smisko <[email protected]>
Date: March 11 2025 at 12:24:33 PM PDT
To:

Cc: >, John Milroy >, Ryan
com as e1 managemen
ente.org>
Subject: Inspection Re-Schedule
If you have a tree impacting your view, I suggest you agree to an inspection. If you want to continue to create obstacles to improving your view, then do not comply.

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 infmmation 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 EXHIBIT 7
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]>;
; d ;
Adam Atamian <[email protected]>; Andy Hall <halla@sanclemente.org> 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
On Mar 11, 2025, at 11:32 AM, 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.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
134
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: 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]>
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
135
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'
136
137
am Atamian'
< [email protected]>
Subject: RE: Inspection Re-Schedule
Krystal,
We agree with Reva Wright. Since your response does not address Felicidad questions, 313 will not be available on Thursday.

Regards,
John Milroy
From: reva.wright >
Sent: Monday, March 10, 2025 12: 19 PM
To: Ryan Phillips <ryan@compasspropertymanagement com>; Josh Smisko <" • • • >· antes
clemente org>
Subject: Re: Inspection Re-Schedule
Krystal
your response does not address our questions.

As a resul~ ill 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 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.

From:

Monday
reva.wright
, Mar
~
~
To: Krystal Cervantes <[email protected]>; Ryan Phillips <[email protected]>; Josh Smisko <"smisko hicke associates.net>
Cc:
am Atamian
a [email protected]>
Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per om previous 3 unanswered inf01mation requests to Compass, ( email strings attached), I have provided a little more clarity sw-rounding 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 om homes?

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

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 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-of-day on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
140
-
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright <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
Begin forwarded message:

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

Sent from my iPhone
Begin forwarded message:

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

Subject: Inspection Re-Schedule
Good morning,
141
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
142
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]> 143
Cc: Reva Wright Buck Paul Buck
>; Ross Peterson <r >; John Milroy
; Antonia Sipes <t >
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 9:22 PM, Paul Buck > wrote:

Sent from my iPhone
144
-
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM 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.

ARTICLE X
CENI•:ML J?ROVIS IONS
11 1 I 224PG 604
Sccl:ion l. Duration. The covenants, conditions and
r.e:strictions of this Declaration shall run with and bind the real property within 01."0admocn· San Clemente, and shall inure l:o the oonef it of and be enforceable by the Association, or the Owher.s, including Dev<'!loper, of anY. I.ot Gubject t:o this Deola•• r.a tion, their respective legal representatives, heirs, successors, and nss.igns, and are imposed upon the real property within 13.roadmoor San C.lcmente as a servitude in favor of each· anti every parcel of l,md therein as a dominant tenement, for a term <>f t:wcn t~• ( 20) years f.rom the date this Declaril tion is recorded, after which time said covenant:s, conditions and restrictions shall be automatically extended for successive periods of ten (10) ye.us, unless an instrument, signed by a majority of the then Owne1.·s of t11e Lots, has been recorded \dtlt tllc Orange County riecorde.r, agrceirlg to change said covenants, conditions and restrictions in whole or in part.

Section :? . >.snendment. The covenants, conditions and restrictions of this Declarati011 may be amended by an instrument in wr.iting signed by not l~ss than the Owners of three-fourths (3/,t) of the f:Dts: provi.de<l that Article VII, Section 22 of this 1,ecl.aration shall not be amended without the consent of the City Council of San Clemente; and provided .further that until 1980, Article lI hereof may not be amended without the consent of Developer. i\ny amendment must be properly recorded.
s,~ction 3. Notices, .i\ny notica required to be sent to 11ny Member or Owner under the provisions of this Declaration shall b~ deeR1ed to have been properly sent \-1hen mailed, postage prepaid, ID the last known add>:es!1 of the person who appears as t,tembcr or Owner on the rccoJ:C.ls of the Association at the time of such mailing.

Secl~on 4. Enfo1.-cement. Violation or breach of any
c-.ov(:)niJnt ;-T:oridT'ffon or i.:estrl.ction herein contained shall give to the Ocvclo per, so long as it is an Owner of ;it least twentyf .i va percont (2S'!d of the r,ot-.9, or the Association, the right lo <mt.er upon the pro1)<'1:ty upon or. "$ to ,~hich said violation or brc,"'l.c:h c x Ls t :; .:.nd ~o m1r.:111al.'.i l.y abate a1ld 1:emove, at tho ox• pen!,e of the Otmer theroof. , any structure, thing or oonrlition thilt may exi.st thereon contrary to the intent and meaning of tho provisions hereof, .ind/or shall give t:o the Association or th~ owner of olny LOt, includi r>eveloper, the right to rosecuto a pr oc e eding at l,1\\1 or in ~quit.y ,1gainst the person or per- sons who have·violated or are attempting to violate a ny of these eov,manti;, conditionr. nr. restrictions to enjoin orp revent them c rom rlo in<J ::.o, to c.:iuse said viola.Lion to ba 1.·emcdied or to recovcr-lLl.ma.gos for said violation.

The rcsul t ot: every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in par:t is hereby d~:clarcd to be nnd to cons ti tutc a nui::.ance, and ev11ry 1:emady allowed by law or equity against an owner, either public or priv.t te, shall be applicnble against c.vfi:ry such result and nny be ~xercisetl by the Association or any Owner, including Developer, subject to these restrictions. ·18-
GARR146
Ex 16-18
EXHIBIT 8
148
I _': .

BK I 1224PG 604

ARTICLE X
GE EML P.ROVISIONS
Section 1 . Duration . Tl'l covenants, onditions and
r<::strictions of t h is DeclaratiOl\ s h a ll run with and bind the real property within Droadtr.oor San Cl emente, and .shall inure l:o t he benefit of and b~ enf.oxceabl.e by the Association , or the Owhers, incl uding Developer , of any Lot subject to th.is Deola·· r,1 tio n, t heir respective l aga.l re pres en ta tives, heirs, succes- sors, and nssi gns, a,d re imposed upo n the real property withi n n.roadmoor San Clement e s a serv i ude i n favor of ea ch· and every parcel of 1. nd t here in as a dominant tenement , for a ter m o f twenty (2 0 ) ~•ears f rom the dat t h i s Declar.:ition is r corded , < ft e.1: which t ·roe said coven.ant.s, conditions and restrictions s hall be automati c a l ly exl:.e nd e<l for successive pe·riods of ten (10) ye::tr!t, u nless nn i n trument, signed by a majority o f the t hen Owners of t11e Lol:s, has been recorded wi t h· the Orange Cou nty Recorder , agrce ' ng to change sa.id covenants, conditions and restrictions i n ·,thole or J. n part .
. cctJon 2 . ~mendment Th covenants, conditions an
·cst.ric tion:, of this Deel ratio1t may be amended by an instrument .1 n wr.it:in<J signed by not less than the Owners of three-fourths ()/ti l of the Lots: prnvi.de<l that i\rticle VII, Section 22 of this Declarution shall 1ot. be amended without the consent of the Cit buncil of San Clomonte; and provided ·urther that until 980, rtic.Le 11 her.co may not be amended without the consent of cvcl ope.1: . ny Jmendment must be lropcrl recorded.

Section 3 . No t ices . l\ny 11otic e required. to be !';ent t.o any Member or Owne.r u.nder the prov isiot s of t h is Decla.ra tion s h::ill b,1 (leem d o have been properl y sent when il d, postage prepaid , to the l s t k1 own ddress of t he person who appears as t,lembcr. or O\•mer on the rcco.r<ls of the Association t t he time of such mailing . •
e t~ion 4. En .forc ement . Violation or breach of any
coven · n t :-COndition or 1.:ostri ction herein contained s hall give to the Deve loper, so long as i.t i s an Owner of a t least twentyf ivm percent (25.) of t he Lots, or the Association, the right ent.cr upon the rro1x: i: ty upon or. ,1:; to 1"11ich said violc1tion or br:c tt<.:l\ u .·ir.t.:; .;;n s~1m11aL':l ly ab.:1.t.e Qn t·cmove, at tho expen!;e of the Owner therP.of. , any structure , thing or condition hat muy exist thereon conl:rary to the intent anc meaning of ho provisio1 s hereof, und/oi: shall give to the Association a the owner of 1w LOt, includin Developer, the right to prosecute a roccc<l.ing at law or in equity against the person or perrons who have vio l ated or ure attempting to violate any of these covenants, conditions or restriction :o e n join or prevent them rom doing :::;o, to c.il1se said violation to be remedied or to recover uarn,11JcS for sai<l violiltion .

Tic re s ult of ever action or omission whereby any covennnt, condition or r cstr-iction herein contai ned is violated .in 11hole or i n pa r t .i.s he r e by decJ.anid to be and to constitu te a nuic.:rnce, a ncl ever, 1:emedy allowed by law or equity agai nst an Owner, e itl1cr public or pr:i.vate , sh 11 be applicable gainst every sue I result and may be exercise<l by the Association or a n y Owner, inc luding Deve loper, subject to these rcst:.rictions. -1.8 -
GARR146
Ex 16-18
149
- ., ::/\~-1~i:~:~X.~f;t~t'.:}F~::_
Bi I I 224PG 60 f
e rt! 01.· a ny earth 9 1bGt nee or other mineral of ny kind, No mac hine ry o r equi pment of any kind r,hall be placed , oper ated or maint<1ined upon ny Lot on which is situated a s ingle-family dwe l i n9 , except such achine ry or equip1ne nt as i s usual and customary 1n connection with t.he use and maintenance of pr ivate residence .

Sect.ton 21. During r easonable hours and after reasonable notice, tiny agent of Developer , so long I\S it i s n O~rn e r of a t least twenty- five per c e n t (25% ) of the Lots, or the Associfttion, sh.:i l l h ve the right t o e nter upon and i nspect Broad- moor S n Clemen te or any por tion t hereof and the improvemen t s thereon for the purpose of ascert a ining whethar or not t.he pro vi.:iions of t h is Declaro~ion are bieng complied with nd shall no t be deemecl guilty of t r espass b y reasons thereof.

Section 22 . No building, s tt"uc ture, iinprovernent or addition (cxcltidln ch1.101cy- .:rnd i:oof vent shall be constructe , e rect0d, a.J. tc.: rcd, !?L1cetl or permit t ed to remain on any portion l3roadmoor ~j n Cl,,inente which . exceeds one story in height 1,1ith a maximUITl height of 17 feet . Uo tree , bush or sh rub shall be pL1ced or maintained 1Jpon any Lo t de.scribe d in Bxhi.bi t "C" , a.ttache hereto an i ncorpora ted herein by reference, whic exceeds 17 f eet i 1eight or upon any other Lot i n 8roadmoo · S.:in Clemon te which exc eeds 20 f ct i n height .

ARTICLE '!III
DUTIES Alm POWERS OF THE JI.SSOCll\'rIO l
Section l. In addition to the duties a.nd oowers e numerated i n 1ts .i\rticles and By-Laws , or P.1.sew)'le re provided for h~re·n, .ln d wi t hou t limi ti ng the genera l itie s t h e r e of , t he Association s h all :
(,) !1a intain, or cause to be ma i n tained, t he
slope ar e as mo re particularly described i n 8xhibi t " B" ( " lope Contxol Ar.eos " ) an d 11 l ndscaping t here on , as originall y improved by Developer , .in ,l neat , safe, sanitar y and orderly co11 - d i t i on (i nc l ud ·ng t he replaceJ111~nt of. l andscn!)ing when necessar~ or appropriate) and in s~ch a manner as t o e nhance their appearance and t o pr.eserv establ ished slope ratios, prevent eros i on and s lidi ng problems, and fa c i litate the orderly discharge of w,.\ter throu gh established drainage s ystems;
(b} Enfor ce the provisio ns o f this Declaration
by approprin.tc~ 1ne ns, i 11c l uding without l i mita t ion, the expenditu re of f unds of the Association, t he e mp l oyment of legal counsel nd' U e commencement of acti ons;
(c) Mai ntdin such policy or policies of i nsurance
a s the Bo~rd of the hssociati on deems necessary or desirable i n f urtheri ng the purposes of and protect i ng the i n terests of t he Ass ocia tion Md its /•embers ; and
-.1.5-
• V -1 ' •- · ' •
GARR143
Ex 16-15
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”

150
“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.
151
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
152
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
153

Page 2 ends

Demand:

Consequences:

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

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
Danielle Sorahan
154
1 V) i
155
Re: Inspection Scheduled
Paul Buck
Subject
From
To: Krystal Cervantes
<[email protected]>
Cc:

Date Feb 25 at 1 :29 PM
Thank you Krystal:
e erson
John Milroy
nia Sipes
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
Show trimmed content
156
Subject Fw: Fwd: Inspection Re-Schedule
From reva.wright
To: Krystal Cervantes
<[email protected]>
Cc:

Date Mar 4 at 1 0:34 PM
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
Begin forwarded message:

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

Re: Inspection Re-Schedule
reva.wright ->
Ryan Phillips
Krystal Cervantes
<[email protected]>
Cc:
ndy
Hall <[email protected]>
Date Today at 12:19 PM
Krystal
your response does not address our questions.

As a result, -will not be available on Thursday.

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

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
159
yy g 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 160
•
•
•
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?
161
•
•
-
162

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
Begin forwarded message:

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

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15 PM GMT+ 1
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 163
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
164
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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
I On Feb 25, 2025, at 9:22 PM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM GMT+ 1
, Paul Buck
>
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.

DECLARATION OF ALAN JAY RICE
I, Alan Jay Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. I have lived in my home, located at 301 Calle Felicidad, San Clemente, since 1968.

2. The Pacesetter Development Company was the developer that built my home as part of the residential development in the City known as Rancho Margarita. The completed Rancho Margarita homes were terraced at 20-foot intervals on a hillside overlooking the coastline.

3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
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26 5. Shortly after I purchased my home, Landmark Financial Group wanted to build two-story single-family residential homes on tracts located downhill from Calle Felicidad.

6. A group of neighbors on Calle Felicidad that were concerned with protecting the existing community from ill-planned developed formed a group known as the ''Rancho Margarita Associates". The group's objective was to prevent any negative impacts of new development on their existing community.

7. The Rancho Margarita Associates group became well known to City officials and included approximately 65 members, including myself, Susan P. Rice, William Kerns, Fred • Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, Bob and Joan Kahrs, and Donald and Sally Sargent.

8. Our group of neighbors organized to ft le petitions and comment letters with the 27 Planning Commission and City Council in order to express our concerns about de elopment of 28 the downhill tract

DECLARATION OF ALAN JAY RICE
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9. Eventually, Landmark Financial Group lost its option to develop the property and Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for development of the Broadmoor community, which would include 225 homes to be located on tracts downhill from Calle Felicidad.

10. I personally attended many Planning Commission and City Council meetings where City officials considered approvals for the Broadmoor community.

11. During the period between late 1973 and early 1974, various Broadmoar officials tactfully approached every resident living on Calle Felicidad to explain their plans to build homes below Calle Felicidad.

12. The Broadmoor representatives included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), and John Hazeltine.
13 . Broadmoor knew that it needed our support in order to get the City's approval for the Calle Delicada homes. There were several meetings between the Broadmoor officials and the Calle Felicidad homeowners, many of which took place in our homes. Through this series of meetings, many compromises were made to the satisfaction ofBroadmoor and the Calle Felicidad residents.

14. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if any new homes were to be built.

15. One of the issues Broadmoor encountered was the narrow sizes of the proposed Calle Delicada Jots. The dimensions ofBroadmoor's original plans did not comply with the· City's Code requirements.

16. Broadmoor sought a solution to the insufficient lot sizes on Calle Delicada by asking individual homeowners on Calle Felicidad to give up a portion of the hillside slopes on their properties, so that depth could be added to the Calle Delicada lots. This was to be accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners.

DECLARATION OF ALAN JAY RICE
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1 17. Broadmoor also sought to gain additional area for the lots by asking the Calle 2 Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle 3 Delicada could be eliminated.
4 18. City staff did not support deleting the required sidewalk between Calle Felicidad 5 and Calle Delicada.
6 19. Many of the Calle Felicidad homeowners submitted a petition to the City Council 7 that allowed this sidewalk to be elim· at~.d so Broadmoor could gain. the land re.quired to develop 8 the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the 9 Calle Felicidad homeowners' request.
10 20. In return, Broad moor went out of their way to assure Calle Felicidad homeowners 11 that our panoramic views would be preserved and protected despite the construction of the new 12 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 13 obstructed or compromised in any way by the development of the Calle Delicada properties. 14 15
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24 21 . During the meetings with Broadmoor, the Calle Felicidad residents agreed to the following concessions in favor of Broadmoor:

1. Broadmoor could completely remove our rear slopes by shearing away all of the dirt embankment, thereby creating a 30 foot shear drop from our backyards. This was deemed to be a crucial element necessary to re-compact, solidify, and reconfigure the angle of our backyard slopes. Broadmoor had to do this in order to stabilize potential slippage zones they supposedly detected on our properties prior to cut and fill operations for the homes on Calle Delicada.

11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain· land it needed for the new lots to be approved.
25 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 26 were two primary concessions granted and guaranteed by the Broad moor officials:
27 1. There would never be any two-story homes built in the Broadmoor community that 28 would interfere with the views of any Calle Felicidad resident.

DECLARATION OF ALAN JAY RICE
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23. Broadmoor entered into agreements with myself and other homeowners who provided authorization for Broadmoor to regrade our individual slope areas. This would allow Broadmoor to have additional area for the proposed lats an Calle Delicada because the work involved reconfiguring our existing slope into a steeper angle with a more abbreviated top.

24. I entered into the attached agreement to authorize grading with Broadmoor on February 16, 1974.

25. The process to regrade our slopes was a significant undertaking that involved heavy earthmoving equipment and extensive construction work in our back yards. I took pictures to show the extent of the grading work, attached hereto.

26. In exchange for our cooperation, Broadmoor agreed that the height restrictions that were meant to protect our views would be included in a recorded declaration of covenants, conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on Calle Delicada.

27. The City knew about, and was involved in, negotiations between Broadmoor and the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height limitation on the Calle Delicada homes. The City also imposed the height limitation as a condition of approval in connection with its approval of the Calle Delicada homes.

28. The restriction was intentionally included in the CC&Rs by Broadmoor as an additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 17 feet and any violations would be enforced by the Association created by Broadmoor.

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

DECLARATION OF ALAN JAY RICE
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DECLARATION OF ALAN JAY RICE
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28 DECLARATION OF CECILIA GALLARDO-DALY
I, Cecilia Gallardo-Daly, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am the Community Development Director for the City of San Clemente.

2. As the Community Development Director, I am familiar with the City's process for approving development projects, and am familiar with its process of imposing conditions of approval on such development projects. I am also familiar with the City's Municipal Code.

3. Attached to this declaration as Exhibits 1, 2, and 3 are true and correct copies of Planning Commission Minutes from March 14 and November 28, 1973, and City Council minutes from January 7, 1976, from the City's files related to the City's 1970s approval of the Broadmoor Community ("Broadmoor") housing project reflecting meetings held by the City.

4. It is a common practice of the City to impose conditions of approval before approving a project. These conditions are found in the City's files for a project, and are, from time to time, also required by the City to be contained in the project's Covenants, Conditions and Restrictions ("CC&Rs"). The City imposed conditions are meant to benefit the public, to sometimes specific members of the public who may be or are specially impacted by the project, and to mitigate development impacts in general. This was the ca e for the Broadmoor project for which, as part of the approval the City imposed a height restriction that all home be ingle story and no higher than 17 feet, and a 17 foot height restriction on trees, bushe and hrub .

One of the purposes of this condition and restriction was to provide a protection in re pon e to concerns raised by the homeowners on Calle Felicidad over view shed and other impact of the development on their existing homes.

5. The developer accepted these conditions of approval and later signed off on a Supplementary Declaration of Covenants, Conditions and Restriction· for the 19 lots on Calle Delicada, which, in Section 3, include a 17 foot height restri tion on structure and a 17 fi ot height restriction on trees, bushes and shrubs: "Section 3. No building, tructure, improvem nt or addition (excluding chimneys and roof vents) shall be con tru ted, re t d, alter d, pla d r permitted to remain on any portion of the Property which e ce ds one tory in h ight with a 174
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28 maximum height of 17 feet. No tree. bush or shrub shall be placed or maintained upon ( i) any Lot described in Exhibit ·•A''. altached hen:to and incorporated herein by reference. which exceed 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet m height.''

6. By and through the Broadmoor CC&Rs. the City also retains an interest in and abi lity to enforce the provi ion therein. Article XII of the CC&Rs. titled .. Powers of City of San Clemente." gives the City the right to exercise any right. and power grnnted to the Broadmoor Association under the declaration.
1 declare under penalty of perjury under the law of the State of California that the foregoing i true and correct.

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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. 177
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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
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DECLARATION OF SALLY A. SARGENT
I, Sally A. Sargent, currently residing at 1121 Jugador Ct., San Marcos, CA 92078, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I was a resident of City of San Clemente ("The City") during the period of time that Landmark Financial Corp, and subsequently, Richard B. Smith Co which became Broadmoor Homes, Inc. ("Broadmoor") requested approvals from the City of San Clemente to build homes on Tract 8162, the greater Broadmoor development and Tract 8963, which represents the 19 houses on Calle Delicada and their common areas. This period of the development approval phase of the Broadmoor Community lasted from approximately 1973 to 1976.

2. I lived at 203 Calle Felicidad, San Clemente, CA 92672, together with my late husband Donald Sargent during the development approval phase of the Broadmoor Community.

3. Calle Felicidad ("Felicidad") is the street directly above Calle Delicada ("Delicada").

4. From our home on Felicidad we had a wonderful, unobstructed view of the ocean and coastline, Dana Point Harbor and Catalina Island. Prior to the Broadmoor development, there were no homes built on the hillside between the houses on Calle Felicidad and San Clemente High School.

5. The houses on Felicidad were built by Pacesetter Development Company and my home was built in 1966 as part of the residential development in the City known as Rancho Margarita. Felicidad is the lowest street in the Rancho Margarita Development. Other Rancho Margarita houses were built further east and up the hill from Felicidad. The Rancho Margarita homes were single story and terraced at approximately 20 ft. or greater elevation intervals on the 24 25
hillside providing the homeowners with ocean views.

6. In the early 1970's Landmark Financial Group planned on building two-story 26 single-family residential homes on tracts 8 I 62 and 8963, Deli cad a, which are located directly 27 downhill from Felicidad.
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28 7. Our immediate concern was that the two-story houses would eliminate our cherished ocean views. Consequently, a group of Felicidad neighbors and a few residents on neighboring streets formed a group known as the "Rancho Margarita Associates". The goal of the Rancho Margarita Associates was to communicate our concerns to the City Planning Commission, the City Council and the developers of the 8162 and 8963 tracts, in order to protect the views on Calle Felicidad and any other factors which would negatively impact the Rancho Margarita Associates ("RM Associates") such as traffic and housing density.

8. The RM Associates filed petitions and comment letters with the San Clemente Planning Commission and City Council and attended Planning Commission and Council Meetings in order to express our concerns about development of the downhill tracts. I personally attended many Planning Commission and City Council meetings and was one of the more active and outspoken members of the RM Associates.

9. The RM Associates, which included at least 65 participants, became well known to City officials. Apart from my late husband and me, the RM Associates included multiple other neighbors living on Felicidad including Jay and Susan Rice, William Kerns, Fred Keeler, Don Stenerson, Frank and Maryanne Dreher, Richard and Karoline Koester to name a few.

10. The 65 members of RM Associates petitioned the City to not deviate from the established Code requirements recommended by the City's Committee on Subdivisions as Landmark, the developer at that time, had requested multiple variances from the Code which we felt would have impacted the Felicidad homeowners. (Seep. 2 of San Clemente Planning Commission Minutes ofJanuary I 0, 1973, attached hereto as Exhibit 1.)

11. During the January 10, 1973, Planning Commission meeting, my neighbor, Fred Keeler, living at 205 Felicidad, specifically asked for clarification as to whether his view would be obstructed by the proposed terraces. He was informed by the developers that the terraces were proposed for 16 to 20 ft. of elevation change so that each terrace would have a view. (Exhibit 1 at p. 4.)

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development. After much discussion with the representatives from Landmark, Landmark agreed to include in their proposed development CC&Rs that would only permit single story houses to be built on lots facing Delicada specifically so that the views from homes on adjacent tracts would not be obstructed. The houses on Felicidad are the adjacent tract.

13. Eventually, Landmark Financial Group lost its option to develop the property and it was taken up by Richard B. Smith, Co which became Broadmoor Homes, Inc. and acquired the option. Broadmoor subsequently continued with the plans, originally started by Landmark, to seek approvals for development of the Broadmoor community, which would include approximately 225 homes to be located on tracts 8162 and 8963, downhill from Felicidad.

14. At the Planning Commission Meeting on November 14, 1973, Larry Lizotte, VP of the Richard B. Smith Company, and subsequently Broadmoor, proposed and requested that the City deviate from its standard building code requirements. My husband, Donald, voiced his opposition to the deviations and concurred with the City Engineer that the city code should be adhered to with no deviations.

15. During the period between late 1973 and 1975, various Broadmoor officials approached residents living on Felicidad to explain their plans to build homes below Felicidad.

16. The Broadmoor officials included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), R.F. Osgood (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), and John Hazeltine. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if they wanted the support of the RM Associates for the development of any new homes.

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28 homeowners, some of which took place in my home, at 203 Calle Felicidad. Through this series of meetings, many compromises and concessions were made by all parties concerned to the satisfaction of both Broadmoor and the Felicidad homeowners. One such meeting was held on -4-
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ovember 27, 1973, by Larry Lizotte and RM Associates. (See p. 6 of the San Clemente Planning Commission Minutes ofNovember 28, 1973, attached as Exhibit 2.)

18. At the Planning Commission Meeting held on November 28, I 973, Mr. Keeler and I represented the Felicidad Homeowners. We were insistent that the height difference between Delicada and Felicidad would be a minimum of20 ft. Broadmoor agreed to this and that only single level homes would be built on Delicada with a maximum roof height of 17 ft. so as to preserve the views from Felicidad. We asked that these conditions would be imposed on the Broadmoor development even though the Broadmoor developers had previously given us their word. (Exhibit 2 at p. 7.)

19. Consequently, the Planning Commission passed a motion to approve the Broadmoor plan with the added conditions to the approval and to the CC&Rs that:
l) the building pads on Delicada be a minimum of20 ft. below the pads of the existing homes on Felicidad, and
2) all homes be single story no higher than 17 ft. and at no time can a second story or other structure be added which would exceed the I 7 ft. height limit. (Exhibit 2 at p. 7.)

20. I was also present at the December 19, 1973, City Council Meeting. Larry Lizotte presented the revised plan for the development at the public hearing portion of the meeting. Bill Kerns addressed the Council apprising them that RM Associates had spoken with the Broadmoor officials and had requested the following before allowing Broadmoor to build:
1) That the first row of houses which are on Delicada be at least 20 ft. below the pads of the houses on Felicidad, and that their roof height is limited to 17 ft. 2) That the CC&Rs include a statement that the houses on Delicada cannot add to the height of those buildings
3) That the size of the houses would be larger than 1720 sq. ft. (See pp. 1-2 of the San Clemente City Council Minutes of December 19, 1973, attached hereto as Exhibit 3.)
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21. I also addressed the council on behalf of the RM Associates. Given the abovementioned concessions, I spoke in support of the variances requested by Mr. Lizotte of Broadmoor. Mr. Lizotte confirmed for the public record that the three abovementioned requirements that would be imposed by the City as a condition of approval of the subdivision would also be included in the CC&Rs. The Council then unanimously approved the Broadmoor plans subject to the conditions requested by the RM Associates. As far as the RM Associates were concerned the inclusion of the height limitations would preserve the Felicidad views. (Exhibit 3 at pp. 1-2.)

22. Concerned for their view, the Felicidad neighbors were worried that the houses planned for Delicada may have been taller than the 17 foot restriction called for in the CC&Rs.

Consequently, I wrote a letter dated November 13, 1974, to Mr. Dick Ahlman, Director of Planning for the City, requesting that an onsite physical inspection be made of homes to confirm conformance with the CC&Rs. I emphasized in the letter that the 17 ft. height restriction was a major provision that we had worked hard to have included in the CC&Rs and that we wanted to make sure that this limitation was actually being observed. The letter was co-signed by many of our Felicidad neighbors. Mr. Ahlman responded confirming that an onsite inspection was conducted on the models homes and they were all found to be 17 ft. high or a little less.

23. Still concerned for our views, we requested that an additional model be measured which appeared to be taller than the others. I wrote a second letter to Mr. Ahlman, dated February 11 , 1975, to physically measure model 1 A I was present, along with two neighbors at the site inspection and measurement of the model in question. The measurements were 17 feet l inch or less. We considered this within the tolerance of compliance with conditions imposed by the City Council and the CC&Rs. Attached hereto as Exhibit 4 is a true and correct copy of the correspondence dated November 13, 1974, to Mr. Ahlman, Planning Director, City of San Clemente.

24. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (the Delicada Tract) was approved. As I was specifically concerned about the views -6-
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28 from Felicidad, I asked for assurances that certain provisions in the final tract map be included in the CC&Rs when recoded with the County so the City would not be faced with important elements omitted from the documents as had happened in other situations. As the Felicidad neighbors were relying on the conditions of approval of the tract map and the CC&Rs to protect their views in perpetuity. These conditions included the single story, 17 ft. height restriction on structures and 17 ft. height restriction on trees, bushes and shrubs. (Seep. 7 of the San Clemente City Council Minutes of January 7, 1976, attached hereto as Exhibit 5.)

25. At that meeting, Mr. Lizotte, representing Broadmoor Homes. Inc. stated that all the restrictions for the tract, planting and maintenance were reflected in their plans and would be included in the CC&Rs and recorded with the County. Furthermore, the City Attorney commented that he was setting up a procedure to ensure that the CC&Rs were reviewed to make sure all the various items were included therein before recording. Following discussion, the City Council unanimously approved the final tract map for tract 8963 . (Exhibit 5 at p. 7.)

26. Subsequently, on January 16, 1976, Broadmoor Homes, Inc., submitted its SUPPLEMENTARY DECLARATION OF COVE ANTS, CONDlTIO S AND
RESTRICTIONS for Tract 8963 ("SUPPLEMENTARY DE CLARA TIO '), 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 (Exhibit 6 at p.2) :

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.

27. We were told by the City and Broadmoor that the abovementioned SUPPLEMENTARY DECLARATION, in addition to the condition of approval limiting the heights of all plants and building, would be sufficient to protect the views from Felicidad in -7-
DECLARATION OF SALLY A. SARGENT
185
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perpetuity as the limit of the structures and landscape was set at 17 feet.

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

Executed on October~ 2020, at San Marcos, California.
-8-
DECLARATION OF SALLY A. SARGENT
186
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DECLARATION OF SUSAN P. RICE
I, Susan P. Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. Beginning in 1968, I lived in a home located at 301 Calle Felicidad, San Clemente, with my then-husband, Alan Jay Rice.

2. The Pacesetter Development Company was the developer that built my home as 7 part of the residential development in the City known as Rancho Margarita. The completed 8 Rancho Margarita homes were terraced at 20-foot intervals on a hillside overlooking the 9 coastline.
10 3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
16 5. Shortly after my husband and I purchased our home, Landmark Financial Group 17 wanted to build two-story single-family residential homes on tracts located downhill from Calle 18 Felicidad.
19 6. A group of neighbors on Calle Felicidad that were concerned with protecting the 20 existing community from ill-planned developed formed a group known as the "Rancho Margarita 21 Associates". The group's objective was to prevent any negative impacts of new development on 22 their existing community.
23 7. The Rancho Margarita Associates group became well known to City officials and 24 included approximately 65 members, including myself, Alan Jay Rice, William Kerns, Fred 25 Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, 26 Bob and Joan Kahrs, and Donald and Sally Sargent.
27 28
DECLARATION OF SUSAN P. RICE
. .,
187
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8. Our group of neighbors organized to file petitions and comment letters with the Planning Commiss· d c· c ·1 • ton an 1ty ounc1 m order to express our concerns about development of the downhill tract.

10. I personally attended many Planning Commission and City Council meetings where City officials considered approvals for the Broadmoor community.

11. During the period between late 1973 and early 1974, various Broadmoor officials 11 tactfully approached every resident living on Calle Felicidad to explain their plans to build 12 homes below Calle Felicidad.
13 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry 14 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 15 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 16 (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), 1 7 and John Hazeltine.
18 13. Broadmoor knew that it needed our support in order to get the City's approval for 19 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 20 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 21 meetings, many compromises were made to the satisfaction of Broadmoor and the Calle 22 Felicidad residents.
23 14. We emphasized to Broadmoor that our existing ocean and coastal views were 24 extremely valuable and needed to be preserved if any new homes were to be built. 25 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 26 Calle Delicada lots. The dimensions ofBroadmoor's original plans did not comply with the 27 City's Code requirements.
28 DECLARATION OF SUSAN P. RICE
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16 • Broadmoor sought a solufon to the insufficient lot s;,.s on Calle Delicada by asking individual homeowners on Calle Felicidad to give up a portion of the hHbide slopes on their properties, so that depth could be added to the Calle Delicada lots. This was to be accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners.

17. Broadmoor also sought to gain additional area for the lots by asking the Calle Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle Delicada could be eliminated.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

19. Many of the Calle Felicidad homeowners submitted a petition to the City Council that allowed this sidewalk to be eliminated so Broadmoor could gain the land required to develop the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the Calle Felicidad homeowners' request.

20. 15 that our panoramic views would be preserved and protected despite the construction of the new 16 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 17 obstructed or compromised in any way by the development of the Calle Delicada properties.

In return, Broadmoor went out of their way to assure Calle Felicidad homeowners 18 21. During the meetings with Broadmoor, the Calle Felicidad residents agreed to the 19 following concessions in favor ofBroadmoor:
20 1. Broadmoor could completely remove our rear slopes by shearing away all of the 21 dirt embankment, thereby creating a 30 foot shear drop from our backyards. This 22 was deemed to be a crucial element necessary to re-compact, solidify, and 23 reconfigure the angle of our backyard slopes. Broadmoor had to do this in order 24 to stabilize potential slippage zones they supposedly detected on our properties 25 prior to cut and fill operations for the homes on Calle Delicada. 26 27
28 11. We agreed to sign waivers for the City to eliminate the construction ofa sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain land it needed for the new lots to be approved.

DECLARATION OF SUSAN P. RICE
189
1 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 2 were two primary concessions granted and guaranteed by the Broadmoor officials:
3 4
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7 1. There would never be any two-story homes built in the Broadmoor community that would interfere with the views of any Calle Felicidad resident.

11. There would never be any tree, bush, or other landscaping, or any structure which would block or inhibit the existing views of the Calle Felicidad residents. Any potential impediment would be limited to a maximum height of 17 feet on Calle 8 Delicada - with no exceptions.
9 23. Broadmoor entered into agreements with myself and other homeowners who 10 provided authorization for Broadmoor to regrade our individual slope areas. This would allow 11 Broadmoor to have additional area for the proposed lots on Calle Delicada because the work 12 involved reconfiguring our existing slope into a steeper angle with a more abbreviated top. 13 24. I entered into the attached agreement to authorize grading with Broadmoor on 14 February 16, 1974.
15 25. The process to regrade our slopes was a significant undertaking that involved 16 heavy earthmoving equipment and extensive construction work in our back yards. I took 17 pictures to show the extent of the grading work, attached hereto. 18 26. In exchange for our cooperation, Broadmoor agreed that the height restrictions 19 that were meant to protect our views would be included in a recorded declaration of covenants, 20 conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on 21 Calle Delicada.
22 27. The City knew about, and was involved in, negotiations between Broadmoor and 23 the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height 24 limitation on the Calle Delicada homes. The City also imposed the height limitation as a 25 condition of approval in connection with its approval of the Calle Delicada homes. 26 28. The restriction was intentionally included in the CC&Rs by Broadmoor as an 27 additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 28 17 feet and any violations would be enforced by the Association created by Broadmoor.

DECLARATION OF SUSAN P. RICE
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on May~ 2020, at San Clemente, California.
~ I
Susan P. Rice
/: ~
DECLARATION OF SUSAN P. RICE
191
Hr. Dick Ahlaan, Planning Director
C(ty of Sen Cl ente
City Ha.U
100 Auen!da Presidio
SCln Clemente, CA 92672
20) Calle FeUcidad
Sen Clononte, CA 92672
NoueJ!.hQr 1;J 1974
Re: Tract Ho. 8597 Broadlloor ROCKls
e, the underJtigruzd, an requesting that an on- {tc, phy:1ical inpcct ion bo aad" of the in the abouo tract to aa1'e sure that hey are, in fact, confo illg to th 17 foot hei_ht Zill{tatfon placed o.n all as ln the tract en H m:ur granted final ap ,roual blJ thQ c(ty c:ouncit. (See Sectfon 22, ~gC! 15 of tho recordeii CC&R1a /o~ thi tract.)
e J e L jwi ti/f.ed f.n «alting this Nq st since a prirl UAinor easure- (Utf by a :staff eotber Ln the plaMtng deP!Jrtl::ent indicatcrd that at least one oft actual buildin ~Lans bJI 1.iLc, y exceed t~..q 17 foot Loht Lf it.
fact that ing this nquest has alr'10dy b~
to Lcr Pnsident of Broa es. He assured
• to ClX'Ce
rt on your findings
th11 uarious utuior
, ich o hlghar rL hen othara)
in San Cl he cuiU, itt
..___.- ~ ~ =a.=...=;.;=-:::......::.=:c..._::e..:,,_=.::=...::c.;-=...:........::c:co-'a= &=--=---=o/ Che part (es. cc: Larry Lt2ott•
Tony Di G!ouann(
Pat Lane
Ctarl•s Fo.,c
{ll be uel'JI rtUCh appra<:iatad aG this
r.:!. to lr:Jua includ d1 and im1 r.ao llli"h
~-~! itatior. is actually being obs rued.
192
November 13, 1974 Dick Ahlman -2-
Re: Tract No, 8597 Braadnwor Homes - Additional Signatures 193
.... --
(
Dec r 6, 1974
l
R : Tr ct No. 8597
Bro r ff
r lettff of No
requested an on-site 1 inspectf e
Broa r Tract to e confanance with ta- ed on alt thts ts pl t n n w d oeca!ller 5. 1974. of thos the
height 1n evatf pect1o 1 2c.
located at 101 Aven1da Prestd1o. 623 C.lle
d eir heights re. res t1 ely. 16r t•., 17 10" and 16111•.

Enclosed are copies of a plot plan and construction sequence schedule, further tdent1fy1ng thes propert1 •
ta ting with the aY"Chitect. advised that the
elevattons on our approved plans are not to
If you hav any further question on hi tter. please advise me.

RTA:pt
cc: ti ty agetLarry Lizotte
Counctl D1 G10VIM1 r.oun,11 n Lan
C.Ouncn n Fox
V ry truly you ,
Richard T. Ahl n, Director
Dept. of Bufldtng & P1ann1 g
194
Hr. Richard T. Ahlllan, DirQCtor
Dept. of Building & PLaMing
City of San Cl '21lte
200 Aumida PNs(dio
SCI\ Cle ente, CA ')2o'J2
San Ct entv, CA 92672
Febr1Jt1ry Zl, 1975
Re: Housa Beighta in Tract 8597
Broa oor Hoz:tea
Dear Hr. .Ah llr.aru
Thank you for your L11tter of 22-6-74 in hich you advised th11 h CO(Qt rs on Catle Fel{eidad r gardi.ng the hatghts of the uar!o~ ~odels (r. Br04dl:ll:,or Tract #8597, specifically deto 2C, JB and~, and the fact tha.t nea ure cnts indicat~ that thy are in con/of"/!lllrl.C ith the l? Jt. height lt•it placed on the tract.

Ve Nally apprec(atq the /i.ne cooperation IOCl Jvwe recoived jT'OIA your depart11ent and noco uiould Hite to request that one addition.al plany od 1 1A be mQClsured to in.sure tlult it, too, does not excoQd the 12 ft. li1J1itaCion. It is tht1 genercl feeling of the ho r ~ CaLte Pelicidad that the ridgetine on del lA appears to be high•~ mn on any other odel.

Ye are, therefore, a3hing for a physicat on-aite
particular i::od11t in at l,10st two locationa as me
by those in coratruction thct actual indiuid~ t
f._rom a standard plan.
w~ ar11 also as~in9 that you noti/u Hrs. Karoline Ko sterp phon - lllhen th& surci ent ia planned as uld l Uul to mua
rlilprlil Gntatiue oj our group in attendallctt.

Again, we {tlQUld 1. Ute to exprHa our tht:Jnks for titer coopcrrat lon me /VJ119 al1DOys reccriucrd !roat th11 p1.ann(ng departunt. 195

11.rs. s~ l ly Sargent • et al
San Clemente, Ca.

Dear I lrs. Sargent:

FebruarJ 13., 197!J
R~: ~ouse Heights in Tract 65~7
Broadmoor tioltJ?s
As a result of your letter of February 11, this depilrt:nent il1d, on februat"'J 12. phJsic.illy m.!asure till:! he1snt of those Groadiour 1cl'ies ueslgnate<l iil your request. Th\s was dune in th~ pres~net: of Sally Sargent and t110 otili:!r lad1c!; from the netgnboring area.

Th~se homes riere found to measure, resptctiv~ly, 11•11~•. 16 • 10", and 17 • l ". iThis ICC!asurc "rtt uils fr the top of th!! roof to the estiliJated finish grade.
___ It is our opinion that t!le dev~lo;,~r is fo bes~c cot\J)lhnte ith t>1e cor.-mf tmcnt he r:ia.le to th~ n~1ghbo.,.tng residents ~en the tract was processing tl\roug, the city.

RTA:pc
cc: Councilman Pijt Lane
Very truly yours,
Richard T. Aillraan, Di roctor
Dept. of Building r. Planning
Councilman Charles Fox
Councilman .Antnony Di Giovanni
Larry Lizotte
l
196
Subject
From
To:

Cc:

Fw: Broadmoor Association Tree Heights
reva.wright
Adam Atamian <[email protected]>
ryan compassprope ymanagemen .com
<[email protected]>,
[email protected]
<[email protected]>,
Reva Wright >, Josh
Smisko <jsm y es.net>
Date Dec 20, 2024 at 3:14 PM
HI Adam,
Just to keep you in the loop, Felicidad Homeowners have still not heard from Broadmoor representatives.

On December 2, the Broadmoor representatives (copied) were provided with 3 dates that Felicidad Homeowners could be available to meet (Dec 5, Dec 20 and Jan 2. However, 2 of those dates have now passed. Consequently, we are assuming that this matter will be addressed and resolved at the January 14 Council meeting.

Take care and best wishes!
Reva Wright Buck
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.

From: reva.wright
Sent: Wednesday, December 11, 2024 12:48 PM
To: Atamian, Adam <[email protected]>
Cc:
197
---- ----------
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,
198
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 199
Hide trimmed content
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Subject RE: Inspection Re-Schedule
From Josh Smisko <[email protected]>
To:

Cc:
yan
<ryan compasspropertymanagement.com>,
Krystal Cervantes
<[email protected]>,
tamIan <[email protected]>, Andy
Hall <[email protected]>
Date Today at 12:24 PM
If you have a tree impacting your view. I suggest you agree to an inspection. If you want to continue to create obstacles to improving your view. then do not comply.

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:

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 207
Sent from my iPhone
On Mar 11, 2025, at 11:32AM, Josh Smisko
<[email protected]> wrote:

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: 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:
208
- -_---___ _
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.

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 209
<[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.

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.
210
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:
211
-----------------
-
-----------------
--------------- ----
; 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 212
-
-----
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:
213
-------------- ----
--------------- ----
-----------------
; 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
214
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@ 215
<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,
216
-----------------
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!
217
-------------- ----
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!
218
-------------- ----
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? 219
-----------------
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:
220
- ----
Thank you for your cooperation.

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.

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 222
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.

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San Clemente City CouncilSeptember 16, 2025

San Clemente City Council
September 16, 2025