RESOLUTION NO. 25-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AN EASEMENT FOR RIGHT OF WAY, CONSTRUCTION, AND MAINTENANCE FOR RESERVOIR NO. 5 SITE ACCESS FROM RANCHO SAN CLEMENTE COMMUNITY ASSOCIATION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE AND EXECUTE THE EASEMENT, ACCEPTING THE EASEMENT RIGHTS AS DEDICATED 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, on October 7, 2025, the City Council approved a Temporary Right of Entry, Construction and Maintenance Agreement with Rancho San Clemente Community Association (RSCCA) for access to the Reservoir No. 5 site; and WHEREAS, the City and RSCCA wish to enter into a permanent easement agreement for access to the Reservoir No. 5 site, which will replace the Temporary Right of Entry, Construction and Maintenance Agreement, which is 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 City Manager is hereby authorized and directed to negotiate, finalize and execute an easement for the Reservoir 5 site with RSCCA similar to the Easement Deed presented to the City Council on October 21, 2025 with any revisions necessary and advisable in consultation with the City Attorney. The City Manager is further authorized and directed to negotiate and finalize the exhibits to such Easement Deed, including Exhibit A (legal description) and Exhibit B (Plat Map), to cover the area needed for City purposes as generally presented to the City Council on October 21, 2025 and reflected in the Temporary Right of Entry, Construction and Maintenance Agreement with Rancho San Clemente Community Association.
SECTION 4. That the Easement Agreement described in Section 3 is hereby approved and the City Council hereby accepts the easement rights dedicated and granted therein and authorizes and directs the City Manager to execute a certificate of acceptance for such Easement Deed.
SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary and proper to accomplish the purposes of this resolution.
SECTION 6. 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. 25-166 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. 25-166 Page 2
Attachment 1