RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING A TICKET
ENTRANCE FEE FOR ACCESS TO FESTIVAL GROUNDS AT
AND AROUND THE IRVINE BOWL FOR NON-FESTIVAL OF
ARTS PROGRAMMED AND TICKETED EVENTS, AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CEQA
GUIDELINES SECTION 15306
WHEREAS, the City of Laguna Beach, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City and Festival of Arts of Laguna Beach (“Festival”) previously entered into a lease agreement for certain City-owned property, including the Irvine Bowl, known as the Festival grounds (the “Lease”); and
WHEREAS, under the Lease, the Irvine Bowl Policy Committee (“IBPC”), which is made up of two members of the City Council and two members of the Festival Board of Directors, is tasked with prescribing policies for use of the Irvine Bowl, including the current sound policy that was approved by the Committee on May 30, 2023 (the “Sound Policy”); and WHEREAS, on February 20, 2025, the IBPC met to discuss several items, including, as proposed by the City, the following: 1) the Sound Policy amendment; and (2) Policy Regarding Management and Custody of Structures and Buildings on Festival of Art Grounds (“Management Policy”). As it relates to the Sound Policy item, the IBPC reached a disagreement (2-2 tie) on the amendment. The Lease provides that the City Council will resolve the disagreement among the IBPC. (Lease, Paragraph 7(c).) Accordingly, the Sound Policy has been under review by the City Council since February 20, 2025. As it relates to the Management Policy, the IBPC considered the -2- Reso. #
first draft of the Management Policy, including development of an entrance ticket fee, and continued the item to a future meeting; and
WHEREAS, on April 16, 2026, the IBPC met to discuss several items, including, as proposed by the Festival, the following: 1) approval of the Irvine Bowl Policy regarding Use of the Bowl (or the Management Policy) (which did not include development of a ticket entrance fee); and 2) approval of an updated Application for Use of the Irvine Bowl or “Application” and updated pricing. The IBPC considered the Management Policy and the Application together and reached a disagreement (2-2 tie). The lease between the Festival and the City provides that the City Council will resolve the disagreement among the IBPC. (Lease, Paragraph 7(c).) The City Council therefore now has jurisdiction over the Management Policy and Application form; and WHEREAS, the City Council may consider the ticket entrance fee policy as it was part of the Management Policy, which is under the jurisdiction of the City Council as a result of the April 16, 2026 disagreement of the IBPC; and
WHEREAS, under the law, a fee or charge may be imposed for the entrance or use of government property. (XIII C, section 1(e) of the California Constitution.) The fee or charge should be supported by evidence that the fee is related to the reasonable value of providing entrance to the facility; and
WHEREAS, the City Council desires to establish a ticket entrance fee in the amount of $5 to be charged on tickets to the Festival grounds, as provided for herein.
WHEREAS, all other legal perquisites to the adoption of this Resolution have been satisfied.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH -3- Reso. #
DOES RESOLVE:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council hereby establishes a ticket entrance fee in the amount of $5 for ticketed events on the Festival grounds that are not programmed by the Festival. Such funds must be remitted to the City Finance Department within five (5) calendar days of the event and must be kept in a separate account. The funds shall belong to the City of Laguna Beach as the reasonable value of providing entrance to the Festival grounds.
SECTION 3. The City Council hereby finds that the establishment of a $5 fee for entrance to City property, known as the Festival grounds, is reasonable based on what other similar government facilities charge for entrance. For example, City of Irvine imposes a $4 entrance fee to the Great Park Amphitheater and $5 for the Daisy Chain Fields. The ticket fee established by the City Council through this Resolution will generate funds to reinvest into the Irvine Bowl and Festival grounds where ticketed access is provided.
SECTION 4. The City Council hereby finds that the establishment of a $5 fee for entrance to City property, known as the Festival grounds, for ticketed events held on the Festival grounds that are not programmed by the Festival, as opposed to all ticketed events held on the Festival grounds, is reasonable because the Lease between the City and Festival already contemplates recovery of certain costs associated with the Festivals’ use of the Festival grounds for its programming.
SECTION 5. The City Council hereby finds that the California Environmental Quality Act exempts “basic data collection, research, experimental management, and resource evaluation -4- Reso. #
activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.” (State CEQA Guidelines Section 15306.) Here, the City Council hereby finds the project under CEQA consists of (1) temporarily suspending the Festival of Arts Sound Policy for three days on October 23 through 25, 2026 to allow the City’s acoustical consultant, Rincon, the opportunity to measure and analyze sound from a real-life concert with directional speakers to better inform whether any changes to an existing Sound Policy are necessary; (2) authorizing the scope of work proposed by the City’s acoustical consultant, Rincon, to study sound and biological resources at and around the Festival grounds: a) $27,002 for noise policy study and recommendations; b) $12,121 for concert monitoring during live concert; c) $5,920 for meeting and hearing attendance; and d) $11,280 for biological resources technical memorandum; and e) $12,386 for measuring sound based on changes to the direction of the speakers; (3) establish a ticket entrance fee in the amount of $5 for access to government property, known as the Festival grounds, to reinvest into the Irvine Bowl; and (4) the July 8, 2025 City Council action temporarily suspending the Sound Policy on November 7 through 9, 2025 to allow the City's acoustical consultant to monitor sound levels during a live concert and collect data under real-world operating conditions (collectively, the “Project”). The Project falls within a categorical exemption under State CEQA Guidelines Section 15306 because it is for basic data collection, research, experimental management, and resource evaluation activities; it involves measuring sound when speakers are positioned in two different manners and mapping the location of biological resources or resource evaluation. Additionally, the Project will not result in a serious or major disturbance to an environmental resource. The draft Rincon report entitled Irvine Bowl -5- Reso. #
Sound Policy Report dated February 2, 2026 (the “draft Rincon Report”) reflects that Rincon measured sound during the November 7 through 9, 2025 Jack Johnson concert from the following locations: 1) M1 (Eastern End of Olive Street); 2) M2 (Eastern End of Linden Street); 3) M3 (East of Poplar Street on the Hill Nearest the Irvine Bowl); 4) M4 (East of Poplar Street furth up the Hill near Lookout Drive); 5) M5 (Start of the Canyon to the North of Irvine Bowl); 6) M6 (West End of Olive Street); 7) M7 (Parking Lot of Laguna Playhouse); 8) M8 (Open Space Area to North of Irvine Bowl); and 9) M9 (Center of Irvine Bowl). The draft Rincon Report concludes that the “sound levels reached the highest around Linden Street and the existing sound policy boundary near Linden Street. The highest dBa Leq (15-minute) recorded was 78.8 dBa Leq at the M2 location. These areas have direct line-of-sight with the Irvine Bowl and are in the direction of the speakers. Sound levels from the main concert were clearly louder than the other activities. Sound levels did not exceed 70 dBA Leq (15-minute) at the open space area to the northeast of the venue.” (Draft Rincon Report, p. 24.) Further, the draft Rincon Report reflects that sound levels did not exceed 70 dBA Leq (15-minute) at M4 (East of Poplar Street furth up the Hill near Lookout Drive); M5 (Start of the Canyon to the North of Irvine Bowl); M6 (West End of Olive Street); M7 (Parking Lot of Laguna Playhouse); M8 (Open Space Area to North of Irvine Bowl). Accordingly, any biological resources in the open space area will not be impacted by suspending the Sound Policy for an event that will measure sound produced by speakers that are oriented in a manner that should further minimize sound outside of the Festival grounds. Accordingly, the Project will not result in a serious or major disturbance to an environmental resource. Once this sound testing is complete, the City will finalize the draft Rincon Report to include the additional measurements and to include the biological resources technical memorandum. This will result in the final Rincon Report that -6- Reso. #
will serve the basis for a future City Council decision on whether to repeal and replace or amend the existing Sound Policy.
None of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment. As discussed above, the Project location is the site of concerts, festivals, and art shows and is designed as an entertainment area. Although the Project site has open space area to the north, the draft Rincon Report demonstrates that any biological resources in the open space area will not be impacted by suspending the Sound Policy for an event that will measure sound produced by speakers that are oriented in a manner that should further minimize sound outside of the Festival grounds. (Draft Rincon Report.) The question that is being studied is how much the directional speakers will reduce sound impacts at and around the existing sound boundary in the Sound Policy.
The Project will not result in a cumulative impact from successive projects of the same type in the same location. Once this sound testing is complete, the City will finalize the draft Rincon Report to include the additional measurements and to include the biological resources technical memorandum. This will result in the final Rincon Report that will support a future decision on whether to repeal and replace or amend the existing Sound Policy. The Project will not result in a significant environmental effect due to unusual circumstances. There are no unusual circumstances known at the Project site. The Project will not result in damage to scenic resources as it does not include any construction or changes to trees, historic buildings, rock outcroppings, or similar resources, and is not located within a highway official designated as a state scenic highway. The Project is not located on a hazardous waste site included on the Cortese List. The Project will not adversely affect any historical resources as it does not include any construction on a historic -7- Reso. #
resource. City staff is directed to file, within five calendar days of this action, a Notice of Exemption with the Orange County Clerk and State Clearinghouse as required by CEQA.
SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 505 Forest Avenue Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.
SECTION 7. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.
SECTION 8. This Resolution is effective upon adoption by the City Council.
ADOPTED this 22nd day of September, 2026.
Mark Orgill, Mayor
ATTEST:
Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on September 22, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, California