Area 5 Flood Control Basin Memorandum of Understanding
Summary
SCH Number
2026080825
Public Agency
City of Laguna Woods
Document Title
Area 5 Flood Control Basin Memorandum of Understanding
Document Type
NOE - Notice of Exemption
Received
Posted
8/24/2026
Document Description
On August 12, 2026, the Laguna Woods City Council approved a memorandum of understanding with the Golden Rain Foundation of Laguna Woods to allow the City to operate, maintain, and construct certain improvements at the Area 5 Flood Control Basin, which could potentially include Statewide Trash Provisions-related capital improvements, although no specific capital improvements were proposed or approved as part of the approval of the memorandum of understanding.
The memorandum of understanding is related to the City’s ongoing efforts to develop a Statewide Trash Provisions compliance approach that:
1. Does not require private property owners to construct, operate, or maintain their own capital improvements, or pay new fees or charges for the City to do so; and
2. Leverages existing storm drain infrastructure for compliance, thereby avoiding or reducing the need for disruptive activities such as the excavation of portions of El Toro Road or Moulton Parkway to construct underground treatment devices.
The memorandum of understanding will assist staff in finalizing a Statewide Trash Provisions compliance approach and developing potential, future capital improvement projects for City Council consideration.
The memorandum of understanding is envisioned to be long-term, initially running through June 30, 2060, with the potential for mutually agreed upon extensions thereafter. During the term of the memorandum of understanding, the Golden Rain Foundation will remain the owner of the Area 5 Flood Control Basin and the City will be responsible for operation and maintenance thereof. The City’s obligations will include, but not be limited to, landscaping, irrigation, and ensuring compliance with both agreements for drainage encumbrance affecting the Area 5 Flood Control Basin. Landscaping and irrigation responsibilities will include the vegetated fence that runs parallel to the eastbound El Toro Road sidewalk.
Contact Information
Name
Justin Faylona
Agency Name
City of Laguna Woods
Job Title
Senior Planner
Contact Types
Lead/Public Agency
Phone
Name
Kurt Wiemann
Agency Name
Golden Rain Foundation of Laguna Woods
Job Title
Director of Field Operations
Contact Types
Responsible Agency
Phone
Email
Location
Cities
laguna, Laguna Woods
Counties
Orange
Regions
Southern California
Zip
92637
Parcel #
621-131-35 and 621-131-36
Other Location Info
Area 5 Flood Control Basin [Orange County Assessor’s Parcel Numbers 621-131-35 and 621-131-36] [located south of El Toro Road, north of the Laguna Woods Village Maintenance Center, east of the former Rite Aid building, and west of the Laguna Woods Village Equestrian Center]
Notice of Exemption
Exempt Status
Other
Type, Section or Code
Not Subject to CEQA (Sec. 15060(c)(2); 15060(c)(3))
Reasons for Exemption
The memorandum of understanding is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“State CEQA Guidelines”). Section 15378(b)(2) of the State CEQA Guidelines excludes “[c]ontinuing administrative. . . activities, such as . . . general policy and procedure making” and Section 15378(b)(5) of the State CEQA Guidelines excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.”
Even if the memorandum of understanding were subject to CEQA, it would be exempt based on Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The environmental review of any potential, future capital improvement projects or actions that would result in physical change to the environment would occur prior to approval of the same. At this time, no such projects or actions are proposed for approval and, as a result, environmental review would be speculative.
County Clerk
Orange
Attachments
Notice of Exemption
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