Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer
Subject:
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CONSIDERATION OF A RESOLUTION APPROVING AN EASEMENT FOR RIGHT OF WAY, CONSTRUCTION, AND MAINTENANCE FOR THE RESERVOIR NO. 5 SITE 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
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Fiscal Impact:
There is no fiscal impact for acceptance of the easement.
Summary:
City staff have been working with Rancho San Clemente Community Association (RSCCA) to resolve access to the Reservoir No. 5 site. On October 7, 2025, the City Council approved a Temporary Agreement for right of entry, construction and maintenance which will be replaced by the proposed Easement Deed as shown in Attachment 2 with Exhibit A (legal description) and Exhibit B (Plat Map) forthcoming similar to Attachment 3 and the area shown below. The resolution before the City Council would approve and accept the easement, authorize the City Manager to execute the easement and find the actions categorically exempt under the California Environmental Quality Act.
Background:
Reservoirs 5 and 5A provide potable water storage for City customers at the highest elevations of the City. The site also hosts telecommunication facilities for numerous companies and public safety agencies to improve connectivity in a City where coverage can be challenging due to the hilly topography. When Rancho San Clemente was developed in the 1980-90’s, Reservoir 5A and a waterline along the Ridgeline Trail were constructed to provide service to the community. Unfortunately, no documents have been found to reflect recorded easements for the purpose of providing the City and City lessee access to the reservoir site or for the waterline that serves the community.
City staff have been working with RSCCA to resolve this issue and recently finalized a temporary agreement for access and maintenance purposes, which the City Council approved on October 7, 2025. The proposed easement will replace the temporary agreement with respect to providing permanent access, construction and maintenance for the City and its lease holders.
A permanent easement for waterline purposes is still needed along the Ridgeline trail connecting Reservoirs 5/5A with Reservoir 12. This easement will take additional time to prepare due to the need to precisely locate the waterline and appurtenances and conduct surveying to ensure that the future easement contains the water system.
Council Options:
• Adopt Resolution No. 25-166, which will approve and accept an access easement for the Reservoir 5 site, authorize the City Manager to execute the easement, and find the actions categorically exempt under the California Environmental Quality Act.
• Modify and adopt Resolution No. 25-166.
• Continue the item and direct staff to provide additional information.
• Do not adopt Resolution No. 25-166.
Environmental Review/Analysis:
These actions are 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.
Recommended Actions:
Staff Recommendation
recommendation
Staff recommends that the City Council adopt Resolution No. 25-166, which will:
1. Find the actions categorically exempt from CEQA under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities);
2. Approve and authorize the City Manager to negotiate, finalize and execute an easement for the Reservoir 5 site with RSCCA similar to the Easement Deed shown in Attachment 2 with any revisions necessary and advisable in consultation with the City Attorney;
3. Authorize the City Manager 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 shown in Attachment Number 3; and
4. Accept the dedication and authorize the City Manager to execute a certificate of acceptance of the easement for the Reservoir 5 site.
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Attachment:
1. Resolution No. 25-166
2. Proposed Easement Deed for Reservoir 5
3. Proposed Easement Area
Notification:
RSCCA.