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11-0301_FIESTA ASSOCIATION, SJC_Memorandum of Understandingliernorandurn of Understanding for Organizational Responsibilities in Conducting the 2011 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 2011, 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 2011 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. FA 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 2011 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. IIT•&IIIm_laro1: SI-X1 ]1:1 Comprehensive General Liabilit . 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 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. 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 2011 Fiesta de las Golondrinas celebration. Termination of this Memorandum of Understanding may take place by either party providing the otherwith 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 Hoosegow Day activities and for the lead group in the annual Swallows Day Parade. VIII. NOTICE Written notification regarding this Memorandum of Understanding will be given in writing as follows: City Cynthia Alexander Community Services Manager City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Fiesta Association Steve Weekes, 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 JUA CAPISTRANO F)kESTA ASSOCIATION //j Steve Weekes, President CITY OF SAN JUAN CAPISTRANO Joe Tait, City ]manager ATTEST: f Maria Morris, aty Cle k APPROVED AS TO FORM: �HA&4 ou" Omar Sa doval, City Attorne 9 Today's Date: CONTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: Alexander Phone Extension:6395 Transmittal Routing (Check All That Apply) ❑ City Attorney City Manager City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Name(s) Street City St zip I have Omar's signature, just need Joe's and yours. -C U TRANSMITTAL im Steve Weekes, President San Juan Capistrano Fiesta Association PO Box 532 San Juan Capistrano, CA 92693 DATE. March 7, 2011 E FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: MOU -- 2011 Fiesta de las Golondrinas celebration MEMBERS OF THE CEI' COUNCIL SAYS ALLEVATO LAURA FREESE= LARRY KRAMER DEREK REEVE .IOH N 'TAYLOR Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Cynthia Alexander, Community Services Manager, at (949) 443-6395. An original agreement is enclosed for your records. Cc: Cynthia Alexander, Community Services Manager San Juan Caplstrano.Preserving. the.Past to Enhance the Future 01 Printed an 100% racyded paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 �._ L' (949) 493.1171 �rnAeonpatE (949) 493-1053 FAX EST&9lISk£E www.sanj.uancapistmno.oag 1776 U TRANSMITTAL im Steve Weekes, President San Juan Capistrano Fiesta Association PO Box 532 San Juan Capistrano, CA 92693 DATE. March 7, 2011 E FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: MOU -- 2011 Fiesta de las Golondrinas celebration MEMBERS OF THE CEI' COUNCIL SAYS ALLEVATO LAURA FREESE= LARRY KRAMER DEREK REEVE .IOH N 'TAYLOR Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Cynthia Alexander, Community Services Manager, at (949) 443-6395. An original agreement is enclosed for your records. Cc: Cynthia Alexander, Community Services Manager San Juan Caplstrano.Preserving. the.Past to Enhance the Future 01 Printed an 100% racyded paper RESOLUTION NO. 11-03-01-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN ABSORPTION/REDUCTION OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED"WITH THE 2011 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR HOOSEGOW 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 2011 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 absorptionfreduction of fees will not set a precedent for other requests given the many tens of thousands of dollars the Fiesta Association annually saves the City by managing this event; and 5. The discharge of firearms for Hoosegow 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 absorption/reduction of City fees to the San Juan Capistrano Fiesta Association for the events associated with the 2011 Fiesta de las Golondrinas celebration, Swallows Day Parade; and grants the Association an exception to the City's firearms discharge regulations. 3-1-2011 PASSED, APPROVED, AND ADOPTED this 1St day-;of March, 2011. AWOL--- ,;,tAM ALLEVATO, MAYOR ATTEST: 0 M- IA MORRI CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, appointed City Cleric of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 11-03-01-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15t day of March 2011, by the following vote: AYES: COUNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MARIA MORRIS, CVy glerk 2 3-1-2011 31112011 AGENDA REPORT D8 TO: Joe Tait, City Manager FROM: Cynthia Alexander, Community Services Manager SUBJECT: Consideration of Memorandum of Understanding, Exception for Firearm Discharge, and City Assistance Via the Absorption/Reduction of Fees for the 2011 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 2011 Fiesta de las Golondrinas celebration, authorize the City Manager to sign it on behalf of the City Council, and 2. Adopt a 2011 Resolution approving staff's recommendation for the City absorption/ reduction of permit fees in the amount of $19,648 (100%) for the 2011 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 Hoosegow Day and for the lead group in the Swallows Day Parade. SITUATION: A. Memorandum of Understanding MOU) In preparation for the upcoming 2011 Fiesta de las Golondrinas celebration and parade to be conducted Saturday, March 26, 2011, 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; Agenda Report Page 2 March 1, 2011 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. In 2009, 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 has committed to continue to coordinate the shuttle bus service. The Fiesta Association, under the outstanding leadership of its president, Mr. Steve Weeks, 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 Absorption/Reduction to be Considered 1, 2011 Fiesta de las Golondrinas Permit Fees Swallows Parade & Mercado Due to the many tens of thousands of dollars the Fiesta Association annually saves the City by overseeing and managing this event, the City of San Juan Capistrano has historically approved a City fees absorption/reductions/waiver 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 is requesting that the City Council consider a full absorption/reduction (100%) of these permit fees. In lieu of paid City staff orchestrating and managing this major annual event, the Fiesta Association continues to volunteer to save the taxpayers money by taking the lead; the City assists by absorbing the time and cost associated with the permits. Staff is also very appreciative of the Fiesta Association assuming the shuttle bus operation. It was a $9,200 savings to the City for FY 2008-09; and continues to be a budget savings to the Community Services Department. The Fiesta Association managing the shuttle bus service allows an opportunity to recoup costs by charging a nominal fee for rider's trips. Although we calculated the $9,200 City saving as part of the fee Agenda Report Page 3 March 1, 2011 absorption/reductions, staff is not recommending incorporating the $9,200 as part of the fee calculation. The Fiesta de [as 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 absorption/reduction. 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 request. 2. 2011 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 $869 Alcohol Permit (Mercado) $ 55 Facility Use Permit - HTC Park (Mercado) $684 12 hrs x $57/hr = $684 Electricity $132 12 hrs x $11/hr = $132 Facility Use Permit $120 Cook Park/La Novia (Pet Parade): 5 hrs x $24/hr =$120 Parade Encroachment Permit $200 Parade License Fee $25 (in accordance with City Municipal Code Section 5-11.08) Parade Permit Fee $14,000 (Sheriff Dept: $10,000 + Public Works Dept. $3,500 + Engineering $500, in accordance with City Municipal Code Section 5-11.05) Building Inspection Fee (Mercado) 168.00 Total Fees - Fiesta De Las Golondrinas: $16,263.00 3. 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 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 -Mar Nydegger Bldg. $1,296 11 hrs. @ $65.00 12 weekly meeting (Jan. -Mar.) La Sala Auditorium $715 24 hrs. @ $36 8 monthly (Apr. -Nov.) Nydegger Bldg. $864 8 hrs. @ $65 8 monthly meetings (Apr. -Nov.) La Sala Auditorium $520 Total Fees - General Membership & Parade Planning Mtgs.; $3,395 Agenda Report Page 4 4. Refundable Cleaning and Compliance Deposit March 1, 2011 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. 5. Total Fee Waiver Reguest: The following total includes all activities for which the Fiesta Association is requesting: Fiesta de las Golondrinas (Parade/Mercado/Pet Parade) $16,253.00 General Membership & Parade Planning Meetings $3,395.00 TOTAL FEE WAIVER REQUEST: $19,648,00 C. Firearm Discharge Request Background For over 35 years, the San Juan Capistrano Fiesta Association has celebrated the day before the Swallows Day Parade with Hoosegow Day. It has become a San Juan tradition. During Hoosegow 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 Hoosegow 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 Hoosegow Day. The primary reason for the Hoosegow Day activities is to create enthusiasm for parade day and to generate funding to help support the parade. Over $6,000 is generated on Hoosegow 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. Hoosegow Day activities begin at 9 a.m. and conclude at 4 p.m. on Friday, March 25, 2011. Agenda Report Page 5 2. Hoosegow Day Discharge of Firearms March 1, 2011 Since Hoosegow 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 Hoosegow Day activities. Firearms loaded with blank ammunition are discharged on Hoosegow 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 Hoosegow 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 Hoosegow Day activities. 3. 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 Hoosegow Day activities and for the lead group in the Swallows Day Parade. ffT7 ITiTI� Ci ► y • 7 �11Al�► N* 9141iftlhil��l7_� [�7►� ......................................................... This item requires no formal Commission review, but will be provided to the Parks, Recreation and Senior Services Commission as an information item. Agenda Report Page 6 FINANCIAL CONSIDERATIONS: March 1, 2011 The San Juan Capistrano Fiesta Association is requesting a waiver of permit fees estimated at $16,253.00 for conducting the 2011 Fiesta de las Golondrinas events, a facility use fee waiver of $3,395 for parade planning and general membership meetings conducted in City facilities, for a total fee waiver request of $19,648.00. Volunteer work provided by the Fiesta Association in performing its lead agency role for planning, organizing and coordinating the 2011 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. Mr. Steve Weekes, President San Juan Capistrano 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 2011 Fiesta de las Golondrinas celebration, authorize the City Manager to sign it on behalf of the City Council, and 2. Adopt a 2011 Resolution approving staff's recommendation for the City absorption/reduction of permit fees in the amount of $19,648 (100%) for the 2011 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 Noosegow Day and for the lead group in the Swallows Day Parade. Agenda Report Page 7 By Wnthia Alexander " Community Services Manager Attachments: 1. Memorandum of Understanding 2. Resolution 3.' Fee Waiver Correspondence from Fiesta Association 4. Fiesta Association Schedule March 1, 2011 Memorandum of Understandingfor Organizational rs esponsibilities in Conducting the 2011 Fiesta delas Golondrinas # i 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 [as 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 2011, 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 2011 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. 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 2011 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 Cit . 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. 11. INSURANCE REQUIREMENTS Comprehensive General Liabilit . 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 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. 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 2011 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 andlor 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 Hoosegow Day activities and for the lead group in the annual Swallows Day Parade. VIII. NOTICE Written notification regarding this Memorandum. of Understanding will be given in writing as follows: CAty Cynthia Alexander Community Services Manager City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Fiesta Association Steve Weekes, 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 JUA G PISTRANO FIESTA ASSOCIATION i �P Steve Weekes, President CITY OF SAN JUAN CAPISTRANO Joe Tait, City Manager ATTEST: Maria Morris, City Cleric APPROVED AS TO FORM: N;Q,4 ow" Omar Sa doval, City Attorne M RESOLUTION NO. 11-03-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN ABSORPTION/REDUCTION OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2011 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR HOOSEGOW DAY AND SWALLOWS PARADE DAY WHEREAS, the City Council finds and determines that: The City Council officially recognizes the Sart Juan Capistrano Fiesta Association as the lead organization for the 2011 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 absorption/reduction of fees will not set a precedent for other requests given the marry tens of thousands of dollars the Fiesta Association annually saves the City by managing this event; and 5. The discharge of firearms for Hoosegow 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 absorption/reduction of City fees to the San Juan Capistrano Fiesta Association for the events associated with the 2011 Fiesta de las Golondrinas celebration, Swallows Day Parade; and grants the Association an exception to the City's firearms discharge regulations. PASSED, APPROVED, AND ADOPTED this ,ISt day of March, 2011. ATTEST: MARIA MORRIS CITY CLERK SAM ALLEVATO, MAYOR Fiesta de las Qo1ondrinas February 4, 2011 RE: Waiver of City Fees Fiesta de las Golondrinas 2011 Dear Cynthia: 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 2011 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 economic conditions and the loss of Sponsorship dollars, the Association had a deficit of $25,000.00 for our parade season 2010. For this reason we ask the fees be waived for the 2011 season. The fees requested to be waived include, but are not necessarily limited to the following: Fiesta de las Golondrings. Special Activities Permit: $869,00 Alcohol Kermit - (Mercado) 55.00 Facility use Permit — HTC Park (Mercado) 684.00 12 hours x $57.00 an hour = $684.00 Electricity - (Mercado) 132.00 12 hours x $11.00 an hour = $132.00 Facility Use Permit — Cook Park/La Novia (Pet Parade) 120.00 5 hours x $24.00 and hour = $120.00 Parade Encroachment Permit 200.00 Parade License Fee 25.00 (City Municipal Code Section 5-44.8) Parade Permit Fee 14,000.00 Sheriff Dept. - $10,000.00, Public Works Dept. - $3,500.00 Engineering - $500.00 (City Municipal Code Sec. 5-11.08) Building Inspection Fee (Mercado) 158.00 Total Fees $16,253.04 Sale Juan Capistrano Fiesta .fin, s P.O. Bax 532 * San Juan Capistrano, CA 92693 ATTACHMENT 3 Fiesta de las Qo1ondrinas 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 through the year. The following is a list of anticipated fees for these and other activities. General Membership ano_parade Plannincl,meetIM: . 12 weekly Meetings (January — March) Nydegger Bldg. $1,296.00 36 hours x $36.00 = $1,296.00 12 weekly Board Meetings (January — March) La Sala 715.00 11 hours x $65.00 = 8 Monthly Meetings (April — November) Nydegger Bldg 864.00 24 hours x $36.00 = $864.00 8 Monthly Board Meetings (April — November) La Sala 520.00 8 hours x $65.00 = Total fee — General Membership & Parade Planning Meetings $3,395.00 T© L F 9 WAIVIER RE M N A O: Fiesta tie las Golondrinas (parade, Mercado and Pet Parade) $16,253.00 General membership and Parade Planning Meetings $ 3,395.00 TOTAL FEE WAIVER REQUEST: $19,648.00 There may be other City fees or adjustments in the 2011 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 the 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 25, 2011 and for the lead off group during the Swallows Day Parade on March 2e, 2011. The firearms will be loaded with blank ammunition and the guidelines established by the orange County Sheriff's Department for the 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 $140,000.00. No City funds are used except for the waiver of the fees and the involvement of City staff and personnel on the day of the parade. East year it was estimated that over 40, 000 people attended the Swallows Day Parade and supported the local businesses. As it was done last year with great success we will again be providing a temporary five foot safety corridor along Camino Deal from Bircher Plaza to the Parade Staging area for any equestrian groups. This temporary corridor will be removed after the equestrian groups return from the parade. San Juan Capistrano Fiesta Assn. a P.O. Box 532 s Sart Juan Capistrano, CA 92693 Fiesta de las Qo ondrinas The San Juan Capistrano Fiesta Association is committed to continuing the long standing tradition of serving the City of San Juan Capistrano and its Citizens in the preservation of the cultural and historical heritage of our City. Thank you for considering the waiver of fees on behalf of the Association Membership and its Board of Directors. Thank you also for the continuing suppor"f the Association,by the City Council and its City staff. EI Presidente San Juan Capistrano Fiesta Association CC: SJCFA Board of Directors San Juan Capistrano Fiesta fin. * P.O. Box 532 * San Juan Capistrano, CA 92693 m a cs� c� ON rn 7� v c� V4 v a w ATTACHMENT 4 r m a cs� c� ON rn 7� v c� V4 v a w ATTACHMENT 4 BANJUANCA,PtSTRANO, CA 92-675 (949) a-11 71 (949) Aq3<10S3 FAX MEL93999 OV tW_ CM L NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMALUWO LALMFREI_Z�E MAM E:i,S'EN The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 1, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Memorandum of Understanding, Exception for Firearm Discharge, and City Assistance ilia the Absorption/Reduction of Fees for the 2011 Fiesta de las Golondrinas Celebration (Fiesta Association)" — Item No. ©8. 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 5:00 p.m. on Monday, February 28, 2011, 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 Cynthia Alexander, Community Services Manager. You may contact that staff member at (949) 443-6395 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivanca istrano.or . 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: cityclerk(D-sanivancap strano.org. Maria Morris, CMC City Clerk cc: Mr. Steve Weekes, President San Juan Capistrano Fiesta Association San,luan C gislrano, Preserving the Flew to The 1, to