08-0122_FIESTA ASSOCIATION, SJC_Memorandum of Understanding0
Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2008 Fiesta de las Golondrinas 50th Year Celebration
This Memorandum of Understanding between the San Juan Capistrano Fiesta Association
(Fiesta Association) and the City of San Juan Capistrano (City) establishes and clarifies the
duties and responsibilities for conducting the annual San Juan Capistrano Fiesta de las
Golondrinas 50th year celebration.
Since 1994, with the Fiesta Association designated as lead agency, various local
organizations, civic groups, the City, and the Fiesta Association have collaborated to plan,
organize, and conduct the annual Fiesta de las Golondrinas celebration commemorating
the return of the swallows to San Juan Capistrano each March. By accepting the role as
lead agency in administering and organizing this annual celebration, the Fiesta Association
has provided important planning and organizing responsibilities in addition to overseeing
major promotion and advertising for the annual celebration. By serving as lead agency, the
Fiesta Association has also enabled the City to substantially reduce staff costs in
conjunction with conducting the annual celebration. The Fiesta Association has been very
effective in this lead agency role and has worked positively with community groups and the
City to produce very successful Fiesta celebrations.
The role of lead agency shall be defined as, but not limited to, the following: (1) conducting
major programs as part of the annual celebration; (2) coordinating with other community
groups wishing to conduct events as part of the annual celebration; (3) developing official
celebration publicity; (4) coordinating efforts of event volunteers; (5) submitting
City -required permits and insurance requirements for the annual celebration; and (6)
assisting the City with an Event Recycling and Urban Runoff Program.
SERVICES TO BE RENDERED
As the lead agency in planning, coordinating and conducting major events for the annual
San Juan Capistrano Fiesta de las Golondrinas celebration for 2008, the Fiesta
Association agrees to the following:
A. Activities Coordination. The Fiesta Association will oversee all requests from community-
based organizations and nonprofit groups wishing to participate in the annual Fiesta de las
Golondrinas celebration beginning in mid-February. Swallow's Inn is not associated with
this permit application approval; the Swallow's Inn will be required to submit necessary
applications and approvals from the City of San Juan Capistrano.
B. Publicity Coordination. The Fiesta Association will oversee and coordinate all media,
marketing and publicity in conjunction with all official events conducted as a part of the
2008 Fiesta de las Golondrinas 50th year celebration. This includes the development of the
official Fiesta de las Golondrinas Event Guide.
2
C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive
listing of Fiesta de las Golondrinas events to assist in reducing duplication and overlapping
of event activities. The Fiesta celebration begins in February 2008 with the Taste of San
Juan kickoff reception.
D. Event Administration. The City of San Juan Capistrano will issue special event permits
for activities conducted by local businesses in the public right-of-way, subject to Fiesta
Associations approval, unless the business conducts their activity under the special
activities permit of the Fiesta Association. Such requests, after initial processing by the
Fiesta Association, would then be forwarded to the City for permit issuance and final
approval. Additionally, the Fiesta Association shall work in conjunction with the City to
complete and submit all necessary permit applications, along with appropriate traffic and
logistical plans.
E. Coordination with the City. The Fiesta Association agrees to coordinate with City staff
and will comply with regulations and procedures established by the City for the conducting
of major community special events such as the Fiesta de las Golondrinas.
INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall supply evidence of
valid current coverage for all specified areas of responsibility covered by this
memorandum. The Fiesta Association shall provide comprehensive general liability
insurance coverage including liquor liability, naming the City and the Redevelopment
Agency as additional insured, and the State of California (CalTrans) as a certificate holder,
in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2)
an endorsement from the carrier. City, the Redevelopment Agency, and CalTrans shall be
added as additional insureds to the insurance policies required under this Memorandum of
Understanding. This policy/policies shall not terminate nor shall they be canceled, nor the
coverage reduced, throughout the duration of the Fiesta de las Golondrinas 50th year
celebration. The Fiesta Association shall also provide the City 30 days advance written
notice regarding changes to this coverage. A listing of all events covered by this insurance
coverage shall be provided to the City by the Fiesta Association.
•
III. INDEMNIFICATION
The Fiesta Association shall indemnify, defend, and hold harmless the City and its
officers and employees and the Redevelopment Agency against all liabilities or claims of
liability or loss (including reasonable attorney's fees, related costs and expenses) because
of death, personal injury or property damage arising or resulting from the fault or
negligence of the Fiesta Association in its operations under this Memorandum of
Understanding.
IV. TERM
This Memorandum of Understanding shall remain in effect, commencing with
approval by the San Juan Capistrano City Council, and shall continue in effect until 30 days
following the conclusion of the 2008 Fiesta de las Golondrinas 50th year celebration.
Termination of this Memorandum of Understanding may take place by either party
providing the other with 30 days written notification or immediately in the event of a lapse of
insurance coverage.
V. LIAISON BETWEEN CITY AND FIESTA ASSOCIATION
The City shall designate staff to serve as liaisons with the Fiesta Association to
assist the Fiesta Association in carrying out this Memorandum of Understanding.
VI. EXCLUSIONS
The Fiesta Association's responsibilities as lead agency in coordinating Fiesta
events do not apply to commercial and/or business events conducted in association with
the annual Fiesta celebration. Requests for participation by commercial and/or business
entities shall be directed to City staff for coordination, permit requirements and event
authorization.
VII. FIREARMS DISCHARGE
In compliance with City regulations, the Fiesta Association has requested and
received a City Council approved exception to discharge firearms in conjunction with
Hoos'gow Day activities and for the lead group in the annual Swallows Day Parade.
IX. Notice
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
0
Karen Crocker
Community Services Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Fiesta Association
Jeff Schroeder, President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
The terms and conditions described above are agreed to:
SAN JUAN
, President
FIESTA -ASSOCIATION
CITY OF SAN JUAN CAPISTRANO
Dave Adams, pity Manager
0
R. Moohar , City
APPROVED AS TO FORM:
.iiJ
Omar Sandoval, City Attorney
0
Date
Date 341-, �f7b
0
0
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Jsee
/,/�, nBAllAAlil
• Munn � 1961
1776
Jeff Schroeder, President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
DATE: March 27, 2008
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOESOTO
DR LONDRES USO
RE: Memorandum of Understanding — 2008 Fiesta de las Golondrinas 50th Year Celebration
Enclosed is an original agreement for your records. If you have questions concerning the
agreement, please contact Karen Crocker, Community Services Director
(949) 443-6389.
Cc: Karen Crocker, Community Services Director
San Juan Capistrano: Preserving the Past to Enhance the Future
10 Printetl on 100% recyaetl paper
2/5/2008
SUPPLEMENTAL AGENDA REPORT
AGENDA ITEM D8
TO: Dave Adams, City Manager
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of Memorandum of Understanding, Waiver of Fees, for the
4th of July Celebration; and Exception for Firearm Discharge for the 2008
Fiesta de las Golondrinas 50'" Year Celebration (Fiesta Association)
No change to recommendation.
SITUATION:
The attached Resolution was inadvertently left .off Consideration of Memorandum of
Understanding, Waiver of Fees, for the 4th of July Celebration; and Exception for
Firearm Discharge for the 2008 Fiesta de las Golondrinas 50th Year Celebration. It is
here for your consideration.
Respectfully submitted,
Karen Crocker
Community Services Director
/6?
\vr
•
RESOLUTION NO. 08-02-05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A WAIVER
OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION
FOR THE EVENTS ASSOCIATED WITH THE 2008 FIESTA DE LAS
GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE, JULY 4TH
CELEBRATION; AND GRANTING AN EXCEPTION TO THE CITY'S
FIREARM DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND
SWALLOWS PARADE DAY
WHEREAS, the City Council finds and determines that:
The City Council officially recognizes the San Juan Capistrano Fiesta
Association as the lead organization for the 2008 Fiesta de las Golondrinas
celebration; and
The San Juan Capistrano Fiesta Association has willingly continued to
assume the coordination, organization, and publicity responsibilities
associated with the annual Fiesta de las Golondrinas activities; and
3. Through its responsibilities of conducting the annual celebration, the San
Juan Capistrano Fiesta Association provides important cost savings to the
City; and
4. Approving the waiver of fees will not set a precedent for other fee waiver
requests; and
5. The discharge of firearms for Hoos'gow Day and Parade Day activities be
approved by the granting of an exception as established in Municipal Code
Section 5-14.02.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve a request for waiver of City fees to the San Juan
Capistrano Fiesta Association for the events associated with the 2008 Fiesta de las
Golondrinas celebration, Swallows Day Parade, July 4th celebration; and grants the
Association an exception to the City's firearms discharge regulations.
Page 1 of 2
i
PASSED, APPROVED, AND ADOPTED this 5T" day of February, 2008.
ATTEST:
MARGARET R. MONAHAN, City C
Page 2 of 2
JOE SOTO, MAYOR
rI
L
0
2/5/2008
AGENDA REPORT DQ
TO: Dave Adams, City Manager �+
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of Memorandum of Understanding, Waiver of Fees, for the
4th of July Celebration; and Exception for Firearm Discharge for the 2008
Fiesta de las Golondrinas 50th Year Celebration (Fiesta Association)
RECOMMENDATION:
By motion:
1. Approve the attached Memorandum of Understanding between the San Juan
Capistrano Fiesta Association and the City of San Juan Capistrano, which recognizes
the Fiesta Association as lead agency in planning, coordinating and conducting all
official events associated with the 2008 Fiesta de las Golondrinas 50th year celebration,
authorize the City Manager to sign it on behalf of the City Council, and
2. Adopt a resolution approving the Fiesta Association's request for waiver of permit fees
for the 2008 Fiesta de las Golondrinas 50th year celebration and parade, 2008 July 4th
celebration, use of City facilities for conducting parade planning and general
membership meetings; and granting an exception, as permitted in Municipal Code
section 5-14.02, for firearm discharge on Hoos'gow Day and for the lead group in the
Swallows Day Parade.
SITUATION:
A. Memorandum of Understanding (MOU)
In preparation for the upcoming 2008 Fiesta de las Golondrinas 501h year
celebration and parade to be conducted Saturday, March 29, 2008, the San Juan
Capistrano Fiesta Association has agreed to continue assuming various
responsibilities as the lead agency in planning, organizing and coordinating this
annual event. In its role as lead agency, the Fiesta Association has done an
excellent job in overseeing important planning and coordinating aspects of the
community's annual Fiesta de las Golondrinas celebration. Staff and the Fiesta
Association have developed the attached proposed Memorandum of Understanding
(MOU) to clarify responsibilities accepted by the Fiesta Association in its role as
lead agency.
r�
L
Agenda Report
Page 2
CEJ
February 5, 2008
The Memorandum of Understanding identifies responsibilities such as activities
coordination with other community-based organizations; publicity coordination,
including the development of the official Fiesta de las Golondrinas Event Guide;
calendar coordination involving the scheduling of events within the community
during the celebration time period; and event administration. The City of San Juan
Capistrano will issue special event permits for activities conducted by local
businesses in the public right-of-way, subject to Fiesta Associations approval,
unless the business conducts their activity under the special activities permit of the
Fiesta Association. The Fiesta Association continues to do an outstanding job in
performing these areas of responsibility, while its volunteer membership conducts
several important celebration events including the Swallows Day Parade and
Mercado.
In accepting this role as lead agency, the Fiesta Association has facilitated
substantial cost savings to the City by relieving City staff of responsibilities for the
planning and coordination of multiple events which take place within the community.
The Fiesta Association, under the outstanding leadership of its president, Mr. Jeff
Schroeder, has expressed a willingness to function as the Fiesta de las Golondrinas
celebration lead agency and is to be commended for the excellent job it does in its
lead agency role.
B. Fee Waivers to be Considered
a. 2008 Fiesta de las Golondrinas Permit Fees (Swallows Parade & Mercado)
Due to the community nature of the celebration's activities and events, and
because of the significant contribution that the Fiesta Association makes in
coordinating and conducting these many events, the City of San Juan
Capistrano has historically approved a waiver of City fees associated with
permits required for conducting the annual celebration and parade. As part of
its lead agency role, the Fiesta Association will be working with City staff to
obtain necessary permits for many of the celebration's activities. The Fiesta
Association has requested that the City Council consider a waiver of these
permit fees.
Although some of the Fiesta de las Golondrinas events do occur within the
San Juan Capistrano Redevelopment Agency boundaries, the Agency has
no direct involvement with the events or the requested fee waiver.
It is to be noted that the Association does coordinate with the City's
Administrative Services Department for special activity business licenses for
Mercado vendors. This fee of $5 per vendor is not part of the fee waiver
request.
10 •
Agenda Report
Page 3
2008 Fiesta de las Golondrinas 50th Year Celebration
February 5, 2008
Following is a listing of anticipated permits required with fees for conducting
the Fiesta de las Golondrinas Celebration:
Special Activities Permit
$812.16
Alcohol Permit (Mercado)
$51
Facility Use Permit - HTC Park (Mercado)
$636
12 hrs x $53/hr = $636
Electricity
$120
12 hrs x $10/hr = $120
Facility Use Permit
$88
Cook Park/La Novia (Pet Parade): 4 hrs x $22/hr =$88
Parade Encroachment Permit
$111.31
Parade License Fee
$6,033
(Sheriff Dept: $2,500 + Public Works Dept. $3,500 + Parade
Permit: $33.00 in accordance with City Municipal Code Section 5-11-05)
Building Inspection Fee (Mercado)
$162.44
Total Fees - Fiesta De Las Golondrinas:
$8,013.91
2. Other Fiesta Association Events and Meetings
In addition to coordinating and conducting various activities and events
associated with the annual Fiesta de las Golondrinas celebration, the Fiesta
Association also participates at the annual July 4th celebration and is
requesting a waiver of City permit fees associated with the annual July 4th
event and parade planning meetings conducted in City Facilities throughout
the year. Following is a listing of anticipated fees required for these and other
activities.
General Membership & Parade Planning Meetings
36 hrs. @ $33/hr. 12 weekly meetings (Jan -March) Nydegger Bldg. $ 1,188
+ Kitchen Use per Meeting: $30 x 12 Meetings = $360 $360
24 hrs. @ $33/hr. 8 monthly meetings (April -Nov) Nydegger Bldg. $ 792
+ Kitchen Use per Meeting: $30 x 8 Meetings = $240 $240
9 hrs. @ $27/hr. 12 weekly meetings (Jan -March) Lacouague Bldg. $ 243
6 hrs. @ $27/hr. 8 monthly meetings (April -Nov) Lacouague Bldg. $ 162
Alcohol Permit for weekly and monthly meetings 51
Total Fees - General Membership & Parade Planning Mtgs.: $3,036
July 4th Celebration Permit Fees
Alcohol Permit 51
Total Fee - July 4th Celebration: $ 51
0
Agenda Report
Page 4
11
3. Refundable Cleaning and Compliance Deposit
February 5, 2008
A refundable cleaning and compliance deposit of $500 for the
Parade/Mercado will be required. This deposit would be refunded after the
Mercado events providing that sites are restored to original conditions are left
clean, and there is compliance with all conditions. Staff does NOT
recommend that these amounts be waived or reduced.
4. Total Fee Waiver Recommendation - The following total includes all
activities for which staff recommends fee waivers:
Fiesta de las Golondrinas (Parade/Mercado/Pet Parade) $8,013.91
General Membership & Parade Planning Meetings $3,036
July 4th Celebration Permit Fees 51
TOTAL FEE WAIVER RECOMMENDATION: $11,100.91
C. Firearm Discharae Request
Background
For over 32 years, the San Juan Capistrano Fiesta Association has
celebrated the day before the Swallows Day Parade with Hoos'gow Day.
It has become a San Juan tradition. During Hoos'gow Day, the deputies of
the San Juan Fiesta Association, dressed in the black -and -white western
wear of the Association, roam the town with two portable jails. Local
townspeople are voluntarily "arrested" and put in jail. Bail to get out of the
Hoos'gow is to purchase a button, badge or garter for a nominal charge.
Many of the town's local businesses plan on the jail visiting them and have
their employees dress in western wear. Many of the employees wear buttons
and badges from past years as symbols of participating in Hoos'gow Day.
The primary reason for the Hoos'gow Day activities is to create enthusiasm
for parade day and to generate funding to help support the parade. Over
$6,000 is generated on Hoos'gow Day which has become an integral part of
the Association's fund-raising activities. Each year the San Juan Capistrano
Fiesta Association funds the Swallows Day Parade by seeking sponsorships,
conducting fund-raisers such as barbecues, the Taste of San Juan, the
Mercado, and in selling buttons, badges and garters. The cost to put on the
annual Swallows Day Parade is approximately $140,000.
Hoos'gow Day activities begin at 8 a.m. and conclude at 4 p.m. on Friday,
March 28, 2008.
Agenda Report February 5, 2008
Page 5
Hoos'gow Day Discharge of Firearms
Since Hoos'gow Day involves the discharge of firearms using blanks, several
types of businesses and locations in town are excluded. These include, but
are not necessarily limited to, all banks, liquor stores, day care centers,
schools, churches, hospitals, adult care facilities, bars, horse stables and all
residential areas. Special care is given to a location that has requested to not
be involved in the Hoos'gow Day activities.
Firearms loaded with blank ammunition are discharged on Hoos'gow Day.
For the past several years, the Orange County Sheriff's Department (OCSD)
has assisted the Fiesta Association by conducting gun safety meetings with
the Fiesta Association members and checking firearms and ammunition on
Hoos'gow Day. The Fiesta Association has a specific firearm safety deputy
assigned to monitor the use of firearms and to distribute the blank
ammunition. Blank ammunition using safety flash powder with no wadding is
used and issued by the gun safety deputy of the Fiesta Association. No other
ammunition is permitted. No automatic handguns or rifles are permitted.
Discharging of firearms within buildings is absolutely forbidden. No one under
the age of 21 is allowed to handle a firearm. Representatives of the Fiesta
Association will meet with a representative of Police Services to review the
current safety procedures and Hoos'gow Day activities.
Parade Day Discharge of Firearms
Traditionally, only the lead group in the parade is allowed to discharge
firearms. The lead group creates the enthusiasm and anticipation of the
crowd for the upcoming parade. The parade organizers will space the lead
group sufficiently in front of the following horsemen as not to create a safety
hazard. No other groups within or outside of the parade will be allowed to
discharge firearms due to the significant risk of alarming horses in the area.
The Fiesta Association requests that the City Council, through Section 5-
14.02 of the San Juan Capistrano Municipal Code, grant approval for an
exception for firearm discharging to the Fiesta Association for Hoos'gow Day
activities and for the lead group in the Swallows Day Parade.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
This item requires no formal Commission review, but will be provided to the Parks,
Recreation and Equestrian Commission as an information item.
0
Agenda Report
Page 6
FINANCIAL CONSIDERATIONS:
0
February 5, 2008
The San Juan Capistrano Fiesta Association is requesting a waiver of permit fees
estimated at $8,013.91 for conducting the 2008 Fiesta de las Golondrinas events, a facility
use fee waiver of $3,036 for parade planning and general membership meetings
conducted in City facilities, a waiver of permit fees estimated at $51 for the July 4th
celebration, for a total fee waiver request of $11,100.91.
Volunteer work provided by the Fiesta Association in performing its lead agency role for
planning, organizing and coordinating the 2008 Fiesta de las Golondrinas 50th year
celebration, as well as its role in conducting the annual Swallows Day Parade and
Mercado, will relieve the City of significant staff costs previously incurred for coordinating
annual Fiesta de las Golondrinas activities. Because of the significant voluntary
contributions provided by the Fiesta Association to the community, staff recommends that
the City Council approve the waiver of City fees.
PUBLIC NOTIFICATION:
Public notification is not a requirement for this item.
Mr. Jeff Schroeder, President"
San Juan Capistrano Fiesta Association
'Agenda Report included
0 •
Agenda Report
Page 7
RECOMMENDATION:
By motion:
February 5, 2008
Approve the attached Memorandum of Understanding between the San Juan
Capistrano Fiesta Association and the City of San Juan Capistrano, which recognizes
the Fiesta Association as lead agency in planning, coordinating and conducting all
official events associated with the 2008 Fiesta de las Golondrinas 50th year celebration
and,
2. Adopt a resolution approving the Fiesta Association's request for waiver of permit fees
for the 2008 Fiesta de las Golondrinas 50th year celebration and parade, 2008 July 4th
celebration, use of City facilities for conducting parade planning and general
membership meetings; and granting an exception, as permitted in Municipal Code
section 5-14.02, for firearm discharge on Hoos'gow Day and for the lead group in the
Swallows Day Parade.
Respectfully submitted,
Karen Crocker
Community Services Director
Attachments: 1. Memorandum of Understanding
2. Letter of Fee Waiver
0
11
Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2008 Fiesta de las Golondrinas 50th Year Celebration
This Memorandum of Understanding between the San Juan Capistrano Fiesta Association
(Fiesta Association) and the City of San Juan Capistrano (City) establishes and clarifies the
duties and responsibilities for conducting the annual San Juan Capistrano Fiesta de las
Golondrinas 50th year celebration.
Since 1994, with the Fiesta Association designated as lead agency, various local
organizations, civic groups, the City, and the Fiesta Association have collaborated to plan,
organize, and conduct the annual Fiesta de las Golondrinas celebration commemorating
the return of the swallows to San Juan Capistrano each March. By accepting the role as
lead agency in administering and organizing this annual celebration, the Fiesta Association
has provided important planning and organizing responsibilities in addition to overseeing
major promotion and advertising for the annual celebration. By serving as lead agency, the
Fiesta Association has also enabled the City to substantially reduce staff costs in
conjunction with conducting the annual celebration. The Fiesta Association has been very
effective in this lead agency role and has worked positively with community groups and the
City to produce very successful Fiesta celebrations.
The role of lead agency shall be defined as, but not limited to, the following: (1) conducting
major programs as part of the annual celebration; (2) coordinating with other community
groups wishing to conduct events as part of the annual celebration; (3) developing official
celebration publicity; (4) coordinating efforts of event volunteers; (5) submitting
City -required permits and insurance requirements for the annual celebration; and (6)
assisting the City with an Event Recycling and Urban Runoff Program.
SERVICES TO BE RENDERED
As the lead agency in planning, coordinating and conducting major events for the annual
San Juan Capistrano Fiesta de las Golondrinas celebration for 2008, the Fiesta
Association agrees to the following:
A. Activities Coordination. The Fiesta Association will oversee all requests from community-
based organizations and nonprofit groups wishing to participate in the annual Fiesta de las
Golondrinas celebration beginning in mid-February. Swallow's Inn is not associated with
this permit application approval; the Swallow's Inn will be required to submit necessary
applications and approvals from the City of San Juan Capistrano.
B. Publicity Coordination. The Fiesta Association will oversee and coordinate all media,
marketing and publicity in conjunction with all official events conducted as a part of the
2008 Fiesta de las Golondrinas 50th year celebration. This includes the development of the
official Fiesta de las Golondrinas Event Guide.
ATTACHMENT
• 0
C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive
listing of Fiesta de las Golondrinas events to assist in reducing duplication and overlapping
of event activities. The Fiesta celebration begins in February 2008 with the Taste of San
Juan kickoff reception.
D. Event Administration. The City of San Juan Capistrano will issue special event permits
for activities conducted by local businesses in the public right-of-way, subject to Fiesta
Associations approval, unless the business conducts their activity under the special
activities permit of the Fiesta Association. Such requests, after initial processing by the
Fiesta Association, would then be forwarded to the City for permit issuance and final
approval. Additionally, the Fiesta Association shall work in conjunction with the City to
complete and submit all necessary permit applications, along with appropriate traffic and
logistical plans.
E. Coordination with the City. The Fiesta Association agrees to coordinate with City staff
and will comply with regulations and procedures established by the City for the conducting
of major community special events such as the Fiesta de las Golondrinas.
II. INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall supply evidence of
valid current coverage for all specified areas of responsibility covered by this
memorandum. The Fiesta Association shall provide comprehensive general liability
insurance coverage including liquor liability, naming the City and the Redevelopment
Agency as additional insured, and the State of California (CalTrans) as a certificate holder,
in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2)
an endorsement from the carrier. City, the Redevelopment Agency, and CalTrans shall be
added as additional insureds to the insurance policies required underthis Memorandum of
Understanding. This policy/policies shall not terminate nor shall they be canceled, nor the
coverage reduced, throughout the duration of the Fiesta de las Golondrinas 50`" year
celebration. The Fiesta Association shall also provide the City 30 days advance written
notice regarding changes to this coverage. A listing of all events covered by this insurance
coverage shall be provided to the City by the Fiesta Association.
•
III. INDEMNIFICATION
3
The Fiesta Association shall indemnify, defend, and hold harmless the City and its
officers and employees and the Redevelopment Agency against all liabilities or claims of
liability or loss (including reasonable attorney's fees, related costs and expenses) because
of death, personal injury or property damage arising or resulting from the fault or
negligence of the Fiesta Association in its operations under this Memorandum of
Understanding.
IV. TERM
This Memorandum of Understanding shall remain in effect, commencing with
approval by the San Juan Capistrano City Council, and shall continue in effect until 30 days
following the conclusion of the 2008 Fiesta de las Golondrinas 50th year celebration.
Termination of this Memorandum of Understanding may take place by either party
providing the other with 30 days written notification or immediately in the event of a lapse of
insurance coverage.
V. LIAISON BETWEEN CITY AND FIESTA ASSOCIATION
The City shall designate staff to serve as liaisons with the Fiesta Association to
assist the Fiesta Association in carrying out this Memorandum of Understanding.
VI. EXCLUSIONS
The Fiesta Association's responsibilities as lead agency in coordinating Fiesta
events do not apply to commercial and/or business events conducted in association with
the annual Fiesta celebration. Requests for participation by commercial and/or business
entities shall be directed to City staff for coordination, permit requirements and event
authorization.
VII. FIREARMS DISCHARGE
In compliance with City regulations, the Fiesta Association has requested and
received a City Council approved exception to discharge firearms in conjunction with
Hoos'gow Day activities and for the lead group in the annual Swallows Day Parade.
IX. Notice
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
11
•
151i
Karen Crocker
Community Services Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Fiesta Association
Jeff Schroeder, President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
The terms and conditions described above are agreed to:
SAN JUAN
, President
CITY OF SAN JUAN CAPISTRANO
TION
Date
Dave Adams, City Manager Date
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
i t'41 &d�i
Omar Sandoval, City Attorney
0
0
San Juan Capistrano Fiesta Association
Fiesta de las Golondrinas
January 17, 2008
Re: Waiver of City Fees
Fiesta de las Golondrinas 2008
Dear Karen:
This letter will serve as the San Juan Capistrano Fiesta Association's ("Association") formal
request that the City of San Juan Capistrano waive all fees associated with the activities of the
2008 Fiesta de las Golondrinas. The Association has served as the lead organization
coordinating the activities of the Fiesta de las Golondrinas for many years. As such, the
efforts of the all volunteer Association has contributed to the significant cost savings to the
City each year and the City has in past years recognized these cost savings by waiving all City
fees.
The fees requested to be waived include, but are not necessarily limited to the following:
Fiesta De Las Golondrinas:
Special Activities Permit
$812.16
Alcohol Permit (Mercado)
$51
Facility Use Permit - HTC Park (Mercado)
$636
Electricity
$120
Facility Use Permit
$88
Parade Encroachment Permit
$111.31
Parade License Fee
$6,033
Building Inspection Fee (Mercado)
$162.44
Total Fees
$8,013.91
General Membershia and Parade Planning Meetings:
12 Weekly Meetings (Jan -Mar) — Nydegger Bldg.
$1,188
+ Kitchen Use per Meeting: $30 x 12 Meetings = $360
$360
8 Monthly Meetings (April -Nov) — Nydegger Bldg.
$792
+ Kitchen Use per Meeting: $30 x 8 Meetings = $240
$240
9 hrs. @ $27/hr. 12 weekly meetings (Jan -March) Lacouague Bldg.
$243
6 hrs. @ $27/hr. 8 monthly meetings (April -Nov) Lacouague Bldg.
$162
Alcohol Permit for weekly and monthly meetings
$51
Total Fees
$3,036
July 4th Celebration Permit Fees:
Alcohol Permit $51
Total Fees $51
Approximate Total Fee Waiver Request $11,100.91 Attachment 2
San Juan Capistrano Fiesta Assn. 9 P.O. Box 532 • San Juan Capistrano, CA 92693
San Juan Capistrano Fiesta Association
Fiesta de las Golondrinas
Fee Waiver Request
Page Two
There may be other city fees or adjustments in the 2008 city fee schedule that may not be
included in this request and the Association requests that they be waived on a case by case
basis by City staff.
The Fiesta Association is also requesting a waiver of the ordinance regarding the discharge of
firearms within the city limits for Hoos'Gow Day on March 28`s, 2008 and for the lead off
group during the Swallows Day Parade on March 29h, 2008. The firearms will be loaded with
blank ammunition and the guidelines established by the Orange County Sheriff's Department
for past years will be followed.
Each year the Association raises the funds to support the Annual Fiesta de las Golondrinas
and Swallows Day Parade. The annual cost of the parade and its related activities is
approximately $140,000. No City funds are used except for the waiver of the fees and the
involvement of City personnel on the day of the parade. Last year it was estimated that over
30,000 people attended the Swallows Day Parade and supported the local businesses.
The Association is committed to continuing the long standing tradition of serving the City of
San Juan Capistrano to preserve the cultural and historical heritage of the City. Thank you for
considering the waiver of fees on behalf of the Association and its Board of Directors and for
the continuing support of the City Council and staff.
San Juan Capistrano Fiesta Assn. • P.O. Box 532 • San Juan Capistrano, CA 92693