10-0217_FIESTA ASSOCIATION, SJC_Memorandum of Understanding0
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Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2010 Fiesta de las Golondrinas 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 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 2010, 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
2010 Fiesta de las Golondrinas celebration. This includes the development of the official
Fiesta de las Golondrinas Event Guide. Should any public funds be utilized for publicity, the
Fiesta Association agrees to comply with F.P.P.C. regulations.
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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 2010 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 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.
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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 2010 Fiesta de las Golondrinas 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:
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Ci
Karen Crocker
Community Services Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Fiesta Association
Rita Propersi, President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
The terms and conditions described above are agreed to:
'A ASSOCIATION
Propersi, President
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
r
Omar Sand6val, City Attorney
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Date
Date 7 ,V
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RESOLUTION NO. 10-02-16-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FORA WAIVER
OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION
FOR THE EVENTS ASSOCIATED WITH THE 2010 FIESTA DE LAS
GOLONDRINAS CELEBRATION AND SWALLOWS DAY PARADE; 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:
1. The City Council officially recognizes the San Juan Capistrano Fiesta
Association as the lead organization for the 2010 Fiesta de las Golondrinas
celebration; and
2. 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 2010 Fiesta de las
Golondrinas celebration and Swallows Day Parade; and grants the Association an
exception to the City's firearms discharge regulationsjofblanks,,
PASSED, APPROVED, AND ADOPTED this A6T"�February, 2010.
go
2-16-2010
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-02-16-06 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16th day
of February 2010, by the following vote:
AYES NCIL MEMBERS: Allevato, Hribar, Freese and Mayor Uso
NOE NCIL MEMBER: None
ABS N O NCIL MEMBER: Nielsen
2 2-16-2010
•
AGENDA REPORT
TO: Joe Tait, City Manager
FROM: Karen Crocker, Community Services Director
• 211612010
Gla
SUBJECT: Consideration of Memorandum of Understanding, Waiver of Fees, and
Exception for Firearm Discharge for the 2010 Fiesta de las Golondrinas
Celebration (Fiesta Association)
RECOMMENDATION:
By motion:
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 2010 Fiesta de las Golondrinas celebration,
authorize the City Manager to sign it on behalf of the City Council, and
2. Adopt a 2010 Resolution approving staffs recommendation for reduction of permit
fees in the amount of $10,254.02 (50%) for the 2010 Fiesta de las Golondrinas
celebration and parade, 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 Understandina (MOU)
In preparation for the upcoming 2010 Fiesta de las Golondrinas celebration and
parade to be conducted Saturday, March 20, 2010, 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.
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;
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Agenda Report
Page 2
February 16, 2010
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
City. 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 the past, the Community Services Department had coordinated and provided a
shuttle bus service for attendees. Last year, due to the City's financial situation, the
Fiesta Association had agreed to take over the shuttle bus service which was a
direct savings of $9,200 to the City.
The Fiesta Association, under the outstanding leadership of its president, Ms. Rita
Propersi, 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. 2010 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 full waiver of
these permit fees. Although the Fiesta Association is requesting a 100% fee
waiver, staff is recommending the City Council authorize a 50% fee waiver as
opposed to a 100% fee waiver. The 50% of revenue, $10,254.02, will assist
in recouping some of the hard costs of City staffs involvement in the parade,
Mercado and building rental of the Nydegger building.
Staff is very appreciative of the Fiesta Association assuming the shuttle bus
operation. It was a $9,200 savings to the City for FY 2008-09; however, it
was not budgeted in the FY 2009-10 general fund. In addition, the shuttle
bus service is an opportunity for the Fiesta Association to recoup costs by
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Agenda Report
Page 3
February 16, 2010
charging a nominal fee for rider's trips. Although we calculated the $9,200
City saving last year as part of the fee waiver, staff is not recommending
incorporating the $9,200 as part of the fee calculation.
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.
2010 Fiesta de las Golondrinas Celebration
Following is a listing of anticipated permits required with fees for conducting
the Fiesta de las Golondrinas Celebration:
Special Activities Permit
Alcohol Permit (Mercado)
Facility Use Permit - HTC Park (Mercado)
12 hrs x $57/hr = $684
Electricity
12 hrs x $11/hr = $132
Facility Use Permit
Cook Park/La Novia (Pet Parade): 5 hrs x $24/hr =$120
Parade Encroachment Permit
Parade License Fee
(in accordance with City Municipal Code Section 5-11.08)
Parade Permit Fee
(Sheriff Dept: $11,000 + Public Works Dept. $3,500 + Engineering $500
in accordance with City Municipal Code Section 5-11.05)
Building Inspection Fee (Mercado)
Total Fees - Fiesta De Las Golondrinas:
$869
$55
$684
$132
$120
$200
$25
$15,000
168.04
$17,253.04
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Agenda Report
Page 4
2. Other Fiesta Association Events and Meetings
February 16, 2010
In addition to coordinating and conducting various activities and events
associated with the annual Fiesta de las Golondrinas celebration, the Fiesta
Association is also requesting a reduction of City permit fees for 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. @ $36/hr. 12 weekly meetings (Jan -March) Nydegger Bldg. $ 1296
+ Kitchen Use per Meeting: $33 x 12 Meetings = $396 $396
24 hrs. @ $36/hr. 8 monthly meetings (April -Nov) Nydegger Bldg. $ 864
+ Kitchen Use per Meeting: $33 x 8 Meetings = $264 $264
9 hrs. @ $29/hr. 12 weekly meetings (Jan -March) Lacouague Bldg. $ 261
6 hrs. @ $29/hr. 8 monthly meetings (April -Nov) Lacouague Bldg. 174
Total Fees - General Membership & Parade Planning Mtgs.: $3,255
3. Refundable Cleaning and Compliance Deposit
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 Request - The following total includes all activities for
which the Fiesta Association is requesting:
Fiesta de las Golondrinas (Parade/Mercado/Pet Parade) $17,253.04
General Membership & Parade Planning Meetings 3,255
TOTAL FEE WAIVER REQUEST: $20,508.04
C. Firearm Discharge Request
Background
For over 34 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
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Agenda Report
Page 5
February 16, 2010
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 9 a.m. and conclude at 4 p.m. on Friday,
March 19, 2010.
2. Hoos'qow 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 powderwith 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.
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Agenda Report
Page 6
3. Parade Day Discharge of Firearms
February 16, 2010
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.
FINANCIAL CONSIDERATIONS:
The San Juan Capistrano Fiesta Association is requesting a waiver of permit fees
estimated at $17,253.04 for conducting the 2010 Fiesta de las Golondrinas events, a
facility use fee waiver of $3,255 for parade planning and general membership meetings
conducted in City facilities, for a total fee waiver request of $20,508.04.
Volunteer work provided by the Fiesta Association in performing its lead agency role for
planning, organizing and coordinating the 2010 Fiesta de las Golondrinas celebration, as
well as its role in conducting the annual Swallows Day Parade and Mercado, provides a
community benefit to the residents of San Juan Capistrano. The parade is an historical
event in the community.
PUBLIC NOTIFICATION:
Public notification is not a requirement for this item.
Ms. Rita Propersi, President
San Juan Capistrano Fiesta Association
Agenda Report
Page 7
RECOMMENDATION:
By motion:
February 16, 2010
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 2010 Fiesta de las Golondrinas celebration,
authorize the City Manager to sign it on behalf of the City Council, and
2. Adopt a 2010 Resolution approving staffs recommendation for reduction of permit
fees in the amount of $10,254.02 (50%) for the 2010 Fiesta de las Golondrinas
celebration and parade, 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. Resolution
3. Fee Waiver Correspondence from Fiesta Association
4. Fiesta Association Schedule
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Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2010 Fiesta de las Golondrinas 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 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 2010, 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
2010 Fiesta de las Golondrinas celebration. This includes the development of the official
Fiesta de las Golondrinas Event Guide. Should any public funds be utilized for publicity, the
Fiesta Association agrees to comply with F.P.P.C. regulations.
ATTACHMENT 1
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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 2010 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 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.
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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 2010 Fiesta de las Golondrinas 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:
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rd
Cltv
Karen Crocker
Community Services Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Fiesta Association
Rita Propersi, 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 CAPISTRANO FIESTA ASSOCIATION
Rita Propersi, President Date
CITY OF SAN JUAN CAPISTRANO
Joe Tait, City Manager Date
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
�i
RESOLUTION NO. 10-02-16-
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A
REDUCTION OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA
ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2010 FIESTA
DE LAS GOLONDRINAS CELEBRATION AND SWALLOWS DAY PARADE;
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 2010 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
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 2010 Fiesta de las
Golondrinas celebration and Swallows Day Parade; and grants the Association an
exception to the City's firearms discharge regulations of blanks.
PASSED, APPROVED, AND ADOPTED this 16TH day of February, 2010.
ATTEST:
MARIA MORRIS, CITY CLERK
DR. LONDRES USO, MAYOR
Attachment 2
E
11
San Juan Capistrano Fiesta association.
Fiesta de las Golondrinas
February 1, 2010
Re: Waiver of City Fees
Fiesta de las Golondrinas 2010
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 2010 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. Due to the ecomonic conditions and the loss of sponsorship
dollars, the Association had a $25,000.00 deficit for parade season 2009. For this reason
we ask the fees be waived for 2010.
The fees requested to be waived include, but are not necessarily limited to the following:
Fiesta De Las Golondrinas:
Special Activities Permit
Alcohol Permit (Mercado)
Facility Use Permit - HTC Park (Mercado)
12 hrs x $57/hr = $684.00
Electricity
12 bra X $11/hr = $32.00
Facility Use Permit
Cooks Park/La Nova (Pet Parade): 5 hrs x $241hr = $120.00
Parade Encroachment Permit
Parade License Fee
(in accordance with City Municipal Code Section 5-44.8)
Parade Permit Fee
(Sheriff Dept. $10,000.00 +Public Works Dept. $3,500.00
Engineering $500.00, in accordance with City Municipal
Code Section 5-11.08)
Building Inspection Fee (Mercado)
Total Fees
$869.00
55.00
684.00
132.00
120.00
200.00
25.00
15,000.00
$168.04
$17.253.04
San Juan Capistrano Fiesta kssn • P.Q. Sox 532 • San Juat ATTACHMENT 3
0
San Juan Capistrano Fiesta Association
Fiesta de las Golondrinas
In addition to coordinating and conducting various activities and events associated with
the annual Fiesta de las Golondrinas celebration, the Fiesta Association is also requesting
a reduction of City Permit fees for parade planning meetings conducted in City facilities
throughout the year. Following is a list of anticipated fees for these and other activities.
12
36 hrs.x$36/hr $1,296.00
Kitchen Use per Meeting: $33 x 12 Meetings = $396.00 396.00
8 Monthly meetings (Apr-Nov)-NydeggerBldg.
24 hrs.x $36/ hr 864.00
+ Kitchen Use per Meeting: $33 x 8 Meetings = $264.00 264.00
9 hrs. @ $29/hr. 12 weekly meetings (Jan -March) Lacouague Bldg. 261.00
6 hrs. @ $29/hr. 8 monthly meetings (April -Nov) Lacouaque Bldg $174.00
Total fees - General Membership & Parade Planning Mtgs.:
TOTAL FEE WAVIER RECOMMENDATION:
Fiesta de las Golondrinas (Parade/Mercado/Pet Parade) $17,253.00
General Membership & Parade Planning Meetings 3.255.00
TOTAL FEE WAIVER REQUEST: $20,508.04
$3.255.00
There may be other city fees or adjustments in the 2010 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 remg the
discharge of firearms within the city limits for Hoos'Gow Day on March 19", 2010 and
for the lead off group during the Swallows Day Parade on March 20th, 2010 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.
San Juan Capistrano Fiesta Assn. • F.O. Box 532 • San Juan Capistrano, CA 92693
0 0
San Juan Capistrano Fiesta Association
Fiesta de las Golondrinas
Also, this year the Fiesta Association will be providing a temporary five foot safety
corridor along Camino Real from Bricher Plaza to the Parade staging area. This
temporary corridor will be removed before the parade ends.
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.
Very Z162��
Rita Propersi
La Presidenta
San Juan Capistrano Fiesta Association
San Juan Capistrano Fiesta Assn. • P.O. Box 532 • San Juan Capistrano, CA 92693
New Member Mixer
Friday 16:00 — 9:00 p.m. I Admission is FREE!
•
Vintage Steakhouse, 26701 Verdugo Street, San Juan Capistrano
Harriest Man Sign-ups
Jan • Saturday I Hair of the Dog Barbership, Swallows Inn
..
.4 "_:, ._Awfi= tM x
Taste of San Juan
Feb 117 Wednesday 16:00 — 9:00 p.m. I Tickets are $20 per person
El Adobe Restaurant, 31891 Camino Capistrano, San Juan Capistrano
u�' A* sW,9a�
Kids Pet Parade
Sunday 11:00 — 3:00 p.m.
Cook/La Novia Park 1 For kids 12 and under.
I LFeb•
*Sunday, Martb 7 — rain date
La Presidenta Ball
Mar 113 Saturday 16:30 —11:00 p.m. I Tickets are $50 per person
El Adobe Restaurant, 31891 Camino Capistrano, San Juan Capistrano
Fiesta Grande
Wednesday 16:00 — 9:00 p.m.
Swallow's Inn, 31786 Camino Capistrano, San Juan Capistrano `
Hoos'Gow Day
y 'R,Mar
1 • Friday 1 9:00 a.m. — 4:00 p.m.
•
Throughout downtown San Juan Capistrano
rA, 9 AMM,
52nd Swallows Day Parade and Mercado i
a
/ Saturday 1 11:00 a.m. k"a
Mercado 9:00 a.m. — 5:00 p.m.
*Ortega Highway and Camino Capistrano streets close by 10:00 a.m.
"ade.org ATTACHMENT 4
32400 PASiEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(94$) 493-1171
4949) 493-1053 FAX
>Pii`:iYd'U17/t}t)17ff7�78flYll/fJ.AF�
0 0
VEL48ERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAMALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MAW NELSON
OR LONORES USO
The City Council of San Juan Capistrano will meet at 4:30 p.m. on Tuesday, February 16,
2010 in the City Council Chamber in City Hall, to consider: "Consideration of
Memorandum of Understanding, Waiver of Fees, and Exception for Firearm
Discharge for the 2010 Fiesta de las Golondrinas Celebration (Fiesta Association)" —
Item No. Gla.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 12:00
p.m. on Tuesday, February 16, 2010 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Karen Crocker,
Community Services Director. You may contact that staff member at (949) 443-6389 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancapistrano.oro. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk(a)sanivancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Ms. Rita Propersi, President; San Juan Capistrano Fiesta Association
Sam .hran (apistrona Prestrrving the Past to Fnhanve the F3Etarf,
0 0
Christy Jakl
From:
Christy Jakl
Sent:
Thursday, February 18, 2010 11:25 AM
To:
Karen Crocker
Cc:
Cynthia Alexander; Debbie Evanson
Subject:
Fiesta Association MOU
Hi Karen,
I have the MOU for the Fiesta Association. Before we send out the agreement, our office needs to
receive all their insurance documents as outlined in Section II of the MOU. We should receive this as
soon as possible since the Swallow's Day events are just around the corner.
Please let me know if you have any questions. Thanks!
Chrisl-� Jakl
Administrative Specialist, City Clerk's Office
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
a
C�
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancaptstrana. org
TRANSMITTAL
March 29, 2010
TO:
J&W*
N1961rN
' uunnso
1776
San Juan Capistrano Fiesta Association
Attn: Rita Propersi, President
P.O. Box 532
San Juan Capistrano, CA 92693
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
RE: Memorandum of Understanding —2010 Fiesta de las Golondrinas Celebration
Enclosed:
(1) Original, Memorandum of Understanding — 2010 Fiesta de las Golondrinas
Celebration
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR LONDRES USO
Please contact Cynthia Alexander, Community Services Manager at (949) 443-6395, with
questions regarding the agreement.
CC: Cynthia Alexander, Community Services Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
Y4) Pmled on 100%recycle) paper