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12-0207_FIESTA ASSOCIATION, SJC_Memorandum of Understanding Memorandum of Understanding for Organizational Responsibilities in Conducting the 2012 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 2012 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 2012 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. I. SERVICES TO BE RENDERED As the lead agency in planning, coordinating and conducting major events for the 2012 Fiesta de las Golondrinas celebration, 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 2012 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 2012 Fiesta de las Golondrinas celebration. This includes the development of the official 2012 Fiesta de las Golondrinas Event Guide. Should any public funds be utilized for publicity,the Fiesta Association agrees to comply with Fair Political Practices Commission (FPPC) regulations. 2 C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive listing of the 2012 Fiesta de las Golondrinas events to assist in reducing duplication and overlapping of event activities. The Fiesta celebration begins in February 2012 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 Association's 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 2012 Fiesta de las Golondrinas. II. INSURANCE REQUIREMENTS Comarehensive 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(or successor 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(or successor 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 2012 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(or successor 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 2012 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 2012 Fiesta de las Golondrinas celebration. Requests for participation by commercial and/or business entities shall be directed to City staff for coordination, permit requirements and event authorization. VII. NOTICE Written notification regarding this Memorandum of Understanding will be given in writing as follows: CSC Fiesta Association Cynthia Alexander Steve Weekes, President Community Services Manager San Juan Capistrano Fiesta Association City of San Juan Capistrano P.O. Box 532 25925 Camino del Avion San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] 4 The terms and conditions described above re agreed to: SAN UArN/ICAPI TRANOFIESTAASSOCIATION UCJ Steve Weekes, President CITY OF SAN JUAN CAPISTRANO Larry Kramer, ayor ATTEST: ! I Maria ris, City Clerk APPROVED AS TO FORM: AGll[A IJ Omar Sandoval, City Attorney RESOLUTION NO. 12-02-07-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,APPROVING A REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2012 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR SWALLOWS PARADE DAY WHEREAS, the City Council finds and determines that: 1. The City Council officially recognizes the San Juan Capistrano Fiesta Association (Fiesta Association) as the lead organization for the 2012 Fiesta de las Golondrinas celebration; and 2. The Fiesta Association has agreed to continue to assume the coordination, organization, and publicity responsibilities associated with the 2012 Fiesta de las Golondrinas activities; and 3. The Fiesta Association provides important cost savings to the City by undertaking the responsibility of conducting the annual celebration; and, 4. The approval of the waiver of fees will not set a precedent for other fee waiver requests; and 5. The discharge of firearms for the Swallows Day Parade activities be approved by the granting of an exception as established in Municipal Code Section 5-14.02(e). New State legislation prohibiting the carrying of unloaded firearms in public (C.P.C. 26350) does not apply in this instance as the Fiesta Association members will be involved in the ceremonial Swallows Day Parade (C.P.C. 26368). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a request for the waiver of City permit fees from the San Juan Capistrano Fiesta Association for the events associated with the 2012 Fiesta de las Golondrinas celebration, Swallows Day Parade; and grants the Fiesta Association an exception to the City's firearms discharge regulations. PASSED, APPROVED, AND ADOPTED this 7 t y of FEBRUA Y, 2012. Ir c `LARRY K ME , MAYOR ATTEST: U r - MARIA MORRIS CITY CLERK 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. 12-02-07-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7th day of February 2012, Oy the following vote: AYES: C NCIL MEMBERS: Freese, Reeve, Taylor, Allevato and Mayor Kramer NOES: C UNCIL MEMBER: None ABSEN C UNCIL MEMBER: None MARIA RI , City ler 21712012 AGENDA REPORT ®5 TO: Karen P. Brust, City Manage e) FROM: Cynthia Alexander, Community Services Manager SUBJECT: Consideration of Memorandum of Understanding and Waiver of Fees for the 2012 Fiesta de las Golondrinas Celebration, and Exception for Firearm Discharge for the Lead Group in the 2012 Swallows Day Parade (Fiesta Association) RECOMMENDATION: By motion: 1. Approve a Memorandum of Understanding between the San.Juan Capistrano Fiesta Association and the City of San Juan Capistrano, which recognizes the Fiesta Association as the lead agency in planning, coordinating and conducting all official events associated with the 2012 Fiesta de las Golondrinas celebration; and, 2. Adopt a Resolution approving a waiver of permit fees in the amount of$29,412.51 (100%)for the 2012 Fiesta de las Golondrinas celebration and Swallows Day Parade, use of City facilities for conducting Swallows Day Parade planning and general membership meetings; and granting an exception, as permitted in Municipal Code section 5-14.02(e), for firearm discharge for the lead group in the Swallows Day Parade. SITUATION: A. Memorandum of Understanding (MOU) In preparation for the upcoming 2012 Fiesta de las Golondrinas celebration and Swallows Day Parade to be conducted Saturday, March 24, 2012, the San Juan Capistrano Fiesta Association (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 a proposed Memorandum of Understanding (MOU) to clarify responsibilities accepted by the Fiesta Association in its role as lead agency (Attachment 1). Agenda Report February 7, 2012 Page 2 The Memorandum of Understanding identifies responsibilities such as activities coordination with other community-based organizations; publicity coordination, including the development of the official Fiesta de las Golondrinas Event Guide; calendar coordination involving the scheduling of events within the community during the celebration time period; and event administration. The City of San Juan Capistrano will issue special event permits for activities conducted by local businesses in the public right-of=-way, subject to Fiesta Associations approval, unless the business conducts their activity under the special activities permit of the 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 has coordinated and provided a shuttle bus service for attendees. In 2009, due to the City's financial situation, the Fiesta Association 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 Weekes, has expressed a willingness to function as the Fiesta de las Golondrinas celebration lead agency and is to be commended for the excellent job the Fiesta Association does in its lead agency role. B. Fee Waivers to be Considered 1. 2012 Fiesta de las Golondrinas Permit Fees Swallows Day Parade and 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 Swallows Day 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 waiving 100% of these permit fees. The Fiesta Association coordinates with the City's Financial Services Department regarding special activity business licenses for Mercado vendors. The business license fees required to be paid by Mercado vendors are not part of the fee waiver request. Agenda Report February 7, 2012 Page 3 2. 2012 Fiesta de las Golondrinas Celebration The following is a listing of anticipated permits required with fees for conducting the 2012 Fiesta de las Golondrinas Celebration: Special Activities Permit $871.91 Alcohol Permit (Mercado) $ 55.37 Facility Use Permit - HTC Park (Mercado) $688.68 12 hrs x $57.39/hr = $688.68 Electricity $132.84 12 hrs x $11.07/hr = $132.84 Facility Use Permit $120.80 Cook Park/La Novia (Pet Parade): 5 hrs x $24.16/hr =$120.80 Parade Encroachment Permit $200.00 Parade License Fee $25.00 (in accordance with City Municipal Code Section 5-11.08) Parade Permit Fee $23,320.85 (Sheriff Dept: $16,397.85 + Public Works Dept. $6,423+ Engineering $500, in accordance with City Municipal Code Section 5-11.05) Building Inspection Fee (Mercado) $169.85/hr x 2 hours $339.70 Total Fees — 2012 Fiesta de las Golondrinas: $25,755.15 3. Other Fiesta Association Events and Meetings In addition to coordinating and conducting various activities and events associated with the 2012 Fiesta de las Golondrinas celebration, the Fiesta Association is also requesting a waiver of City permit fees for Swallows Day 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 and Swallows Day Parade Planning Meetings 39 hrs. @ $36.24/hr. 12 weekly meetings (Jan-Mar Nydegger Bldg. $1,413.36 13 hrs. @ $65.44/hr.12 weekly meetings (Jan.-Mar.) La Sala Auditorium $850.72 24 hrs. @ $36.24/hr. 8 monthly meetings (Apr.-Nov.) Nydegger Bldg. $869.76 8 hrs. @ $65.44fhr. 8 monthly meetings (Apr.-Nov.) La Sala Auditorium $523,52 Total Fees General Membership/Swallows Day Parade Planning Meetings.: $3,657.36 4. Refundable Cleaning and Compliance Deposit A refundable cleaning and compliance deposit of $500 for the Swallows Day 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. Agenda Report February 7, 2012 Page 4 5. Total Fee Waiver Request: The following total includes all activities for which the Fiesta Association is requesting: Fiesta de las Golondrinas (Swallows Day Parade/Mercado/Pet Parade) $25,755.15 General Membership and Swallows Day Parade Planning Meetings 3,657.36 TOTAL FEE WAIVER REQUEST: $29,412.51 C. Hoos'Gow Day For over 35 years, the Fiesta Association has celebrated the day before the Swallows Day Parade as Hoos'Gow Day. It has become a San Juan tradition. During Hoos'Gow Day, the deputies of the Fiesta Association, dressed in the black-and-white western wear of the Fiesta Association, roam the town with two portable jails. Local townspeople are voluntarily "arrested"and put in jail. Bail to get out of the Hoos'Gow is to purchase a button, badge or garter for a nominal charge. Many of the town's local businesses plan on the jail visiting them and have their employees dress in western wear. Many of the employees wear buttons and badges from past years as symbols of participating in Hoos'Gow Day. The primary reason for the Hoos'Gow Day activities is to create enthusiasm for Swallows Day Parade and to generate funding to help support the parade. Hoos'Gow Day activities begin at 9 a.m. and conclude at 4 p.m. on Friday, March 23, 2012. Over $6,000 is generated on Hoos'Gow Day, which has become a traditional part of the Fiesta Association's fund-raising activities. Each year the 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. Another long standing tradition during Hoos'Gow Day and the day of the Swallows Day Parade has been the lead group from the Fiesta Association discharging firearms using blanks in San Juan Capistrano. All safety precautions were monitored and strictly followed by the Fiesta Association and enforced in coordination with Orange County Sheriff's Department and the City. Each year this use was granted an exception by the City Council according to Section 5-14.02 of the San Juan Capistrano Municipal Code. This year, for the first time, Fiesta Association participants involved in Hoos'Gow Day activities will be using replica firearms that have plugged barrels and are not capable of emitting a projectile. With a plugged barrel, these replica guns are not firearms as defined in California Penal code Section 16530 and are not subject to the restrictions of the new legislation (AB 144, effective January 1, 2012)that prohibits the carrying of a concealable unloaded firearms in public (California Penal Code 26530) (Attachment 2). Agenda Report February 7, 2012 Page 5 This long-standing tradition has been modified in the following ways for Hoos'Gow Day 2012: Hoos'Gow Day will involve the use of replica firearms. The replica firearms will be carried around town excluding, but 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. The Orange County Sheriff's Department (OCSD) will assist the Fiesta Association by conducting replica firearm safety meetings with the Fiesta Association members and checking the replica firearms on Hoos'Gow Day. The Fiesta Association has a specific safety deputy assigned to monitor the use of replica firearms. No ammunition is permitted. No one under the age of 21 is allowed to handle a replica 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. D. Swallows Day Parade Discharge of Firearms On the day of the Swallows Day Parade, the lead group in the parade is allowed to discharge firearms. This lead group creates the enthusiasm and anticipation of the crowd for the upcoming Swallows Day Parade. The Swallows Day 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(e) of the San Juan Capistrano Municipal Code, grant approval for an exception for firearm discharging to the Fiesta Association for the lead group in the Swallows Day Parade. New State legislation prohibiting the carrying of unloaded firearms in public(C.P.C. 26350)does not apply in this instance as the Fiesta Association members will be involved in the ceremonial Swallows Day Parade (C.P.C. 26368). COMMISSION/BOARD REVIEW, RECOMMENDATION: This item requires no formal Commission review, but will be provided to the Parks, Recreation and Senior Services Commission as an information item. FINANCIAL CONSIDERATIONS: The Fiesta Association is requesting a waiver of permit fees estimated at $25,755.15 for conducting the 2012 Fiesta de las Golondrinas events, a facility use fee waiver of $3,657.36 for Swallows Day Parade planning and general membership meetings conducted in City facilities, for a total fee waiver request of$29,412.59. Agenda Report February 7, 2012 Page 6 Volunteer work provided by the Fiesta Association in performing its lead agency role for planning, organizing and coordinating the 2012 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 Swallows Day Parade is an historical event in the community. PUBLIC NOTIFICATION: Mr. Steve Weekes, President San Juan Capistrano Fiesta Association RECOMMENDATION: By motion: 1. Approve a Memorandum of Understanding between the San Juan Capistrano Fiesta Association and the City of San Juan Capistrano, which recognizes the Fiesta Association as the lead agency in planning, coordinating and conducting all official events associated with the 2012 Fiesta de las Golondrinas celebration; and, 2. Adopt a Resolution approving a waiver of permit fees in the amount of $29,412.51 (100%)for the 2012 Fiesta de las Golondrinas celebration and Swallows Day Parade, use of City facilities for conducting Swallows Day Parade planning and general membership meetings; and granting an exception, as permitted in Municipal Code section 5-14.02(e), for firearm discharge for the lead group in the Swallows Day Parade. Respectfully submitted, 3 15�; Cynthia Alexander Community Services Manager Attachments: 1. Memorandum of Understanding 2. Open Carry of Firearms 3. Resolution 4. Fee Waiver Correspondence from Fiesta Association 5. Fiesta Association Schedule �emorandurn of Understanding for Organizational Responsibilities in Conducting the 2012 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 2012 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 2012 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. I. SERVICES TO BE RENDERED As the lead agency in planning, coordinating and conducting major events for the 2012 Fiesta de las Golondrinas celebration, 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 2012 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 2012 Fiesta de las Golondrinas celebration. This includes the development of the official 2012 Fiesta de las Golondrinas Event Guide. Should any public funds be utilized for publicity, the Fiesta Association agrees to comply with Fair Political Practices Commission (FPPC) regulations. ATTACHMENT 1 2 C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive listing of the 2012 Fiesta de las Golondrinas events to assist in reducing duplication and overlapping of event activities. The Fiesta celebration begins in February 2012 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 Association's 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 2012 Fiesta de las Golondrinas. 11, 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(or successor 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(or successor 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 2012 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 Ill. INDEMNIFICATION The Fiesta Association shall indemnify, defend, and hold harmless the City and its officers and employees and the Redevelopment Agency(or successor 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 2012 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 2012 Fiesta de las Golondrinas 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 for the lead group in the annual Swallows Day Parade pursuant to SJMC 5-14.02(e). New State legislation prohibiting the carrying of unloaded firearms in public(C.P.C. 26350)does not apply in this instance as the Fiesta Association members will be involved in the ceremonial Swallows Day Parade (C.P.C. 26368). 4 VIII. NOTICE Written notification regarding this Memorandum of Understanding will be given in writing as follows: City Fiesta Association Cynthia Alexander Steve Weekes, President Community Services Manager San Juan Capistrano Fiesta Association City of San Juan Capistrano P.O. Box 532 25925 Camino del Avion San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92675 The terms and conditions described above are agreed to: SAN JUAN CAPISTRANO FIESTA ASSOCIATION Steve Weekes, President CITY OF SAN JUAN CAPISTRANO Karen P. Brust, City Manager ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney OPEN CARRY OF FIREARMS Effete]anua'rp 1,2012,this Training U latirt replaces 10-Q6 Histodcally, it had been lawful for one who is not prohibited from possessing firearms to carry an unloaded firearm openly in a belt holster. The Open Carry movement began in 2004 when the website, fflyw g2gnora.grg, was established. Its participants began to openly carry unloaded firearms in public places, alarming members of the public and creating a law enforcement"response. The Legislature passed AS 144, adding PC 26350, which makes open-carry of unloaded handguns a misdemeanor as discussed below. The Governor signed this bill into law and . this new law is effective on January 1, 2012. It remains legal to carry, either openly or concealed, an unloaded long gun. lel;cabig Law PC 26350 provides that a person is guilty of openly carrying an unloaded handgun when that person carries upon his or her.person an exposed and unloaded handgun' outside a vehicle while in or on any of the following: (A) A public place or public street In an incorporated city. (B) A public strut in a prohibited area of an unincorporated area of a county. (C) A public place in a prohibited area of a county. A person is guilty of openly carrying an uploaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether'or not on his or her person, while in or on any of the following: (A) A public place or public street in an incorporated city. (B) A public street in a prohibited area of ars unincorporated area of a county. (C) A public place in a prohibited area of a county. Section 16640 defines "handgun" as "any pistol, revolver, or firearm capable of being concealed upon the person." Section 16530 defines the terms'firearm capable of being concealed upon the person," "pistol," and "revolver'to be"any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length." ATTACHMENT 2 RESOLUTION NO. 12-02-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,APPROVING A REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2012 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR SWALLOWS PARADE DAY WHEREAS, the City Council finds and determines that: 1. The City Council officially recognizes the San Juan Capistrano Fiesta Association (Fiesta Association) as the lead organization for the 2012 Fiesta de las Golondrinas celebration; and 2. The Fiesta Association has agreed to continue to assume the coordination, organization, and publicity responsibilities associated with the 2012 Fiesta de las Golondrinas activities; and 3. The Fiesta Association provides important cost savings to the City by undertaking the responsibility of conducting the annual celebration; and, 4. The approval of the waiver of fees will not set a precedent for other fee waiver requests; and 5. The discharge of firearms for the Swallows Day Parade activities be approved by the granting of an exception as established in Municipal Code Section 5-14.02(e). New State legislation prohibiting the carrying of unloaded firearms in public (C.P.C. 26350) does not apply in this instance as the Fiesta Association members will be involved in the ceremonial Swallows Day Parade (C.P.C. 26368). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a request for the waiver of City permit fees from the San Juan Capistrano Fiesta Association for the events associated with the 2012 Fiesta de las Golondrinas celebration, Swallows Day Parade; and grants the Fiesta Association an exception to the City's firearms discharge regulations. PASSED, APPROVED, AND ADOPTED this 7th day of FEBRUARY, 2012. LARRY KRAMER, MAYOR ATTEST: MARIA MORRIS CITY CLERK ATTACHMENT 3 San Juan CapistranoiAssociation I AL_� Fiesta de las Golondrinas January 24, 2012 RE: Waiver of City Fees Fiesta de las Golondrinas 2012 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 2012 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 has had a deficit for the past three years. In order to balance our budget for this year we have had to change or eliminate some of our events including some that have been a San Juan Capistrano tradition. For this reason we ask the fees again be waived for the 2012 season. The fees requested to be waived are updated for this year and include: but are not necessarily limited to the following: Fiesta de las Golondrinas: Special Activities Permit $871,91 Alcohol Permit(Mercado) $ 55.37 Facility Use Permit- HTC Park (Mercado) $688.68 12 hrs x $57.39/hr = $688.68 Electricity $132.84 12 hrs x $11.07/hr = $132.84 Facility Use Permit $120.80 Cook Park/La Novia (Pet Parade): 5 hrs x $24.16/hr =$120.80 Parade Encroachment Permit $200.00 Parade License Fee $26.00 (in accordance with City Municipal Code Section 5-11.08) Parade Permit Fee $23,320.85 (Sheriff Dept: $16,397.85 + Public Works Dept. $6,423 + Engineering $500, in accordance with City Municipal Code Section 5-11.05) Building Inspection Fee (Mercado)$165.89/hr x 2 hours $339.70 Total Fees - Fiesta De Las Golondrinas: $25,755.15 It should be noted that the Sheriff's Department is asking that the Association pick-up an additional $1,437.66 for extra security for the 2012 Swallows Day Parade Mercado, ATTACHMENT 4 San Juan Capistrano Fiesta Assn. , P.O. Boy, 532 * San Juan Capistrano, CA 92693 San. Juan Capistrano Fiesta,-, Association Fiesta de lis Golondrinas In addition to coordinating and conducting various activities and events associated with the annual Fiesta de las Golondrinas celebration, the 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 and Parade Planning meetings: 13 weekly Meetings (January— March) Nydegger Bldg. $1,413.36 39 Hours x$36.24 = $1,413.36 13 weekly Board Meetings (January—March) La Sala $850.72 13 hours x$65.44 = $850.72 8 monthly Meetings April — November) Nydegger Bldg $869.76 24 hours x $36.24 =$869.76 8 Monthly Board Meetings (April—November) La Sala $523.52 8 hours x$65.44 =$523.52 Total fee—General Membership & Parade Planning Meetings $3,657.36 TOTAL FEE WAIVIER RECOMMENDATION: Fiesta de las Golondrinas (Parade, Mercado and Pet Parade) $25,755.15 General membership and Parade Planning Meetings $ 3,657.36 TOTAL FEE WAIVER REQUEST: $29,412.51 There may be other City fees or adjustments in the 2012 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 Association has been informed of the new California state-wide handgun carrying and shooting laws effective January 1, 2012, in a meeting with the Chief of Police and is making necessary changes to our popular Hoos'Gow Day, March 23, We are also reviewing any changes necessary for our parade lead-oft group March 24. 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 $145,000,00, No City funds are used except for the waiver of the fees and the involvement of City staff and personnel on the day of the parade. Last year it was estimated that over 40,000 people attended the Swallows Day Parade and supported the local businesses. As has been done in the past, we will again be providing a temporary five-foot safety corridor along Camino Real from Bircher Plaza to the Parade Staging area for any equestrian groups. This temporary corridor will be removed after the equestrian groups return from the parade. San Juan Cal3istrano Fiesta Asst. e P,O. Bax 532 % Sari Juan Capistrano, CA 92693 W & Association. u . Fiesta de ins Golondrinas The San Juan Capistrano Fiesta Association is committed to continuing the long standing .tradition of serving the City of San Juan Capistrano and its Citizens in the preservation of the cultural and historical heritage of our City. Thank you for considering the waiver of fees on behalf of the Association Membership and its Board of Directors. Thank you also for the continuing support of the Association by the City Council and its City staff_ Ver truly yours, Stephen Weekes President San Juan Capistrano Fiesta Association CC: SJCFA Board of Directors San Juan CaDis rano Hest Assn, ,,, F<O. Eox 532 San Jose Caf)istrano, CA 92693 Page 1 of 1 - 2012 I SAN JUAN CAPISTRANO FIESTA ASSOCIATION EVENTShowir I r A` ti TASTE OF SAN JUAN Wcdncsday 16:00-9:00 p.m I San Juan Hills Q11 KIDS PET PARADE Sunday 1 100-3:00 p.m I Cook/Lallovia Park I For kids 12 and unAer `Mr-cb 4-min date n ^ EL PRESIDENTE BALL Saturday f 6:30-11:00 p.m.I ElAdobc Restaurant FIESTA GRANDE Wednesday 1 8:00-9:00 p.m I The Swallow's Inn HOOS'GOW DAY Friday 1 9:00 a.m-d:00 p.m I Throughout downtown Sa,i Tuan Cagistrano• a�y� 54TH SWALLOWS DAY PARADE & MERC ADO 4 1 wl � Saturday I Parade starts at 11:00 a.m.I Mercado 9:00 - Originef avtwvrk by.Denee$e Rathbun,Age 10,Boys&Girls Club ofCapis1--,V hey 11 Attachment 5 http://www.swallowsparade.com/graphics/2012-Publicity-STDpc.jpg 32400 PASEO AOELANTO �/i MEMBERS OF THE CRY COUNCIL SAN JUAN CAPIETRANO.CA 92675 $MIgLLEVgTO (949)4931171 y�Yp nU.N.." LAURA FREESE (949)4931053 PAA J numnR 1961 LARRYRRAMER i w ..sanjuancapistrano.org 1776 pERERREEYE • . JOHN rgna+ TRANSMITTAL TO: Steve Weeks, President San Juan Capistrano Fiesta Association P.O. Box 532 San Juan Capistrano, CA 92693 DATE: February 9, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Memorandum of Understanding Organizational Responsiblities in Conducting the 2012 Fiesta de las Golondrinas Celebration Thank you for maintaining 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 Capistrano: Preserving the Past to Enhance the Future 164) Pnnned on 100%roo ded FaM Christy Jakl From: Christy Jakl Sent: Wednesday, February 08, 2012 5:23 PM To: Cynthia Alexander Cc: Debbie Evenson Subject: Fiesta Association Resolution Attachments: 12-02-07-Ol.pdf Good Evening, Attached is the executed Resolution for the Fiesta Association. Thanks!! Christi J akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 Christy Jaki From: Christy JAI Sent: Thursday, February 09, 2012 11:49 AM To: Cynthia Alexander Cc: Debbie Evenson Subject: Fiesta Association MOU Attachments: 2012 Fiesta Association MOU.pdf Good Morning, Attached is the executed MOU with the Fiesta Association. Thanks! Christi J akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1