RESOLUTION NO. 25-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AGREEMENTS FOR TEMPORARY RIGHT OF ENTRY, CONSTRUTION, AND MAINTENANCE FOR THE RESERVOIR NO. 5 SITE ACCESS AND RIGHT OF ENTRY AND MAINTENANCE FOR TREE MAINTENANCE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE STATE CEQA GUIDELINES SECTION 15301 (14 CCR SECTION 15301, EXISTING FACILITIES) WHEREAS, in the 1980’s and 1990’s Rancho San Clemente was developed; and WHEREAS, Reservoir No. 5A was constructed with a waterline along the Ridgeline Trail to Reservoir No. 12 to serve that community; and WHEREAS, no official recorded easement rights have been located as part of that development for the City to access the Reservoir No. 5 site and the waterline serving that community; and WHEREAS, City staff and Rancho San Clemente Community Association (RSCCA) have been evaluating the tree maintenance responsibilities within the community; and WHEREAS, the City and RSCCA wish to enter into a temporary agreement for access to the Reservoir No. 5 site while a permanent easement is pursued along with entering into an agreement clarifying and defining tree trimming responsibilities, both of which are in the best interests of the public and the City.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and fully incorporated herein.
SECTION 2. That based on a review of the entire record as a whole, these actions are hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities) because they consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and there is no direct or foreseeable indirect significant impact on the environment.
SECTION 3. That the Right of Entry, Construction and Maintenance Agreement for Reservoir No. 5 Site Access with RSCCA is hereby approved.
SECTION 4. That the Right of Entry and Maintenance Agreement for Tree Maintenance with RSCCA is hereby approved.
SECTION 5. That the City Manager is hereby authorized and directed to execute said agreements in forms substantially similar to those presented to the City Council on October 7, 2025.
SECTION 6. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the projects.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of October, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-157 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of October, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _____________, _______. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 25-157 Page 2
Attachment 1