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10-0217_FIESTA ASSOCIATION, SJC_Memorandum of Understanding0 0 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. 0 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 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. 0 0 3 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: 0 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 0 4 Date Date 7 ,V • 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; E 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 0 0 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 0 0 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 0 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. 11 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 0 0 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 0 0 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 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. 0 0 3 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: 0 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