13-0205_FIESTA ASSOCIATION, SJC_Agenda Report_D19wti 2/5/2013
8 A
D19
City of San Juan Capistrano
Supplementary Agenda Report
TO: Karen P. Brust, City Manager fp1��pN'�
FROM: Cynthia Alexander, Acting Community Services Director
DATE: January 31, 2013
SUBJECT: Consideration of Memorandum of Understanding and Waiver of Fees
for the 2013 Fiesta de las Golondrinas Celebration, and Exception for
Firearm Discharge for the Lead Agency in the 2013 Swallows Day Parade
(Fiesta Association)
RECOMMENDATION:
By motion:
1. Approve a Memorandum of Understanding (MOU) between the San Juan
Capistrano Fiesta Association (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 2013
Fiesta de las Golondrinas celebration; and,
2. Adopt a Resolution approving a waiver of permit fees in the amount of $38,811.04
(100%) for the 2013 Fiesta de las Golondrinas celebration and the 2013 Swallows
Day Parade, use of the City's facilities for conducting the 2013 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
agency in the 2013 Swallows Day Parade.
SITUATION:
The Resolution (Attachment 1) was not provided in the original agenda report.
ATTACHMENT(S):
Attachment 1 — Resolution approving a waiver of permit fees for the 2013 Fiesta de las
Golondrinas celebration and the 2013 Swallows Day Parade.
RESOLUTION NO. 13-02-05-xx
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 2013 FIESTA DE LAS
GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND
GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR SWALLOWS DAY PARADE
WHEREAS, the City Council officially recognizes the San Juan Capistrano Fiesta
Association as the lead organization for the 2013 Fiesta de las Golondrinas celebration;
and,
WHEREAS, the Fiesta Association has willingly continued to assume the
coordination, organization, and publicity responsibilities associated with the 2013 Fiesta de
las Golondrinas events; and,
WHEREAS, through its responsibilities of conducting the annual celebration, the
Fiesta Association provides important cost savings to the City; and,
WHEREAS, permit fees in the amount of $38,811.04 are waived for the 2013 Fiesta
de las Golondrinas celebration and the 2013 Swallows Day Parade for the City's costs
associated with the 2013 Fiesta de las Golondrinas events and use of City's facilities for
conducting the 2013 Swallows Day Parade planning and general membership meetings;
and,
WHEREAS, approving the waiver of these fees will not set a precedent for other fee
waiver requests; and,
WHEREAS, the discharge of firearms for Swallows Day Parade events 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 waiver of City fees to the San Juan
Capistrano Fiesta Association for the events associated with the 2013 Fiesta de las
Golondrinas celebration, Swallows Day Parade; and grants the Fiesta Association an
exception to the City's firearms discharge regulations.
Attachment 1
PASSED, APPROVED, AND ADOPTED this 5t' day of FEBRUARY, 2013.
JOHN TAYLOR, MAYOR
ATTEST:
MARIA MORRIS
CITY CLERK
City Council Agenda Report
February 5, 2013
Page 3 of 5
Hoos' Gow Day: For over 36 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 22, 2013. 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
Sheriffs 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.
Last year, for the first time, Fiesta Association participants involved in Hoos'Gow Day
activities used replica firearms that had plugged barrels and were 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
concealable unloaded firearms in public (California Penal Code 26350).
This long-standing tradition was modified for the 2012 Hoos'Gow Day by the use of
replica firearms. This year, the Fiesta Association will be carrying replica firearms
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 Sheriffs 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
City Council Agenda Report
February 5, 2013
Page 4 of 5
representative of Police Services to review the current safety procedures and Hoos'Gow
Day activities.
2013 Swallows Day Parade Discharge of Firearms: On the day of the Swallows Day
Parade, the Fiesta Association, as the lead group in the parade, is allowed to discharge
firearms, shooting blanks into the air. The 2013 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 2013 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).
FISCAL IMPACT:
The Fiesta Association is requesting a waiver of permit fees estimated at $34,806.45 for
conducting the 2013 Fiesta de las Golondrinas events; and a facility use fee waiver of
$4,004.59 for Swallows Day Parade planning and general membership meetings
conducted in City facilities; for a total fee waiver request of $38,811.04.
Volunteer work provided by the Fiesta Association in performing its lead agency role for
planning, organizing and coordinating the 2013 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.
A fee waiver was anticipated for this event and therefore the fees were not included in
the Fiscal Year 2012-13 revenue budget. Historically, the fees for the Swallows Day
Parade and related events have been waived. The cost of staff time and related costs
(such as electricity) to provide these services have been included in the Fiscal Year
2012-13 budget.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
City Council Agenda Report
February 5, 2013
Page 5 of 5
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item requires no formal Commission review, but will be provided to the Parks,
Recreation and Senior Services Commission as an information item.
NOTIFICATION:
Mr. Steve Weekes, President
San Juan Capistrano Fiesta Association
ATTACHMENT(S):
Attachment 1 — Fiesta Association Letter of Request for 2013 Fee Waiver
Attachment 2 — Fees for conducting the 2013 Fiesta de las Golondrinas Celebration
Attachment 3 — Memorandum of Understanding
San Juan Capistrano Fiesta Association
Fiesta de las Golondrinas
January 14, 2013
RE: Waiver of City Fees
Fiesta de las Golondrinas 2013
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
2013 Fiesta de las Golondrinas. The Associatien has served as the lead organization coordinating
the activities of the Fiesta de las Golondrinas for many years. As such, the efforts of the
volunteer Association has contributed to the significant cost savings to the City each year and the
City has in the past recognized these cost savings by waiving all City fees. Difficult economic
conditions continue and the Association has had difficulty balancing our budget. Even though we
receive approximately 10,000 volunteers hours, we have had to cut or change several of our
largest events in order to continue their traditions.
Fiesta de las Golondrinas
Special Activities Permit
$899.06
Alcohol Permit (VIP Site)
$ 56.90
Facility Use Permit- HTC Park (Mercado)
$707.64
12 hrs x $58.97/hr = $707.64
Electricity
$144.00
12 hrs x $12.00/hr = $144.00
Facility Use Permit (Pet Parade)
$124.15
Los Rios Park 5 hrs x 24.83/hr = $124.15
Parade Encroachment Permit
$200.00
Parade License Fee
$ 25.00
(In accordance with City Municipal Code Section 5-11.08)
Parade Permit Fee
$32,310.00
(Sheriff Dept: $21,495 and Public Works Dept: $10,815)
In accordance with City Municipal Code Section 5-11.05)
Building Inspection Fee (Mercado) $169.85/hr x 2 hours
$339.70
Total Fees -2013 Fiesta de las Golondrinas
$34,806.45
San Juan Capistrano Fiesta Assn. - P.O. Box 532 c: San Juan Capistrano, CA 92693 Attachment 1
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 of San Juan
Capistrano permit fees for Parade planning meetings conducted in City facilities throughout the year. The
following is a list of anticipated fees for these and other activities.
General Membership and Parade Planning meetings:
42 hrs. @ $37.24/hr. 12 weekly meetings (Jan. -Mar.) Nydegger Bldg.
15 ltrs. @ $65.25/hr. 12 weekly meetings (Jan. -Mar.) La Sala Auditorium
24 hrs. @ $37.241hr. 8 monthly meetings (Apr. -Nov.) Nydegger Bldg.
8 hrs. @$67.25/hr. 8 monthly meetings (Apr. -Nov.) La Sala Auditorium
Total Fees General membership/Swallows Day Parade Planning Meetings
Fiesta de las Golondrinas (Pet Parade/Parade/Mercado)
General Membership/Swallows Day Parade Planning Meetings
Total Fee Waiver Request
$1,564.08
$1,008.75
$893.76
$538.00
$4,004.59
$34,806.45
$4,004.59
$38,811.04
There may be other City fees or adjustments in the 2013 City fees schedule that may not be included in
this request and the Association requests that they be waived on the case by case basis.
The Association will continue to follow the new California state-wide hand gun carrying la%i s effective
January 1, 2012. We will review our Hoos' Gow Day and Parade procedures to insure that we comply.
Each year the Association raises the funds to support the annual Fiesta de las Golondrinas events
including the Swallows' Day Parade. The annual cost of the Parade and its related activities continues to
be approximately $145,000. No City funds are used except for the waiver of the fees and the involvement
of City personnel on the day of the Parade. The last few years it was estimated that over 40,000 people
attended the Swallows Day Parade and supported the local businesses.
As we have done in the past, we will be providing a temporary five-foot safety corridor along Camino
Real form Birtcher Plaza to the Parade Staging area for any equestrian groups. This temporary corridor
will be removed after the equestrian groups have returned for the Parade.
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 City staff.
Sincer ,
Stephen eekes, President
San Juan Capistrano Fiesta Association
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FEES ASSOCIATED WITH THE FIESTA DE LAS GOLONDRINAS*
Special Activities Permit
$899.06
Alcohol Permit - Veteran Park (VIP Site)
$56.90
Facility Use Permit - HTC Park (Mercado) 12 hrs. @ $58.97/hr.
$707.64
Electricity - HTC Park (Mercado) 12 hrs. @ $12.00/hr.
$144.00
Building Inspection Fee (Mercado) 2 hrs. @ $169.85/hr.
$339.70
Facility Use Permit -Los Rios Park (Pet Parade) 5 hrs. @ $24.83/hr.
$124.15
Parade Encroachment Permit
$200.00
Parade License Fee (in accordance with City Municipal Code Section 5-11.08)
$25.00
Parade Permit Fee (in accordance with City Municipal Code Section 5-11.05)
$23,821.00
(Sheriff Dept.: $16,398 + Public Works Dept. $6,923 + Engineering $500)
Total Fees — 2013 Fiesta de las Golondrinas:
$26,317.45
A refundable cleaning and compliance deposit of $500 for the Swallows Da
ParadelMercado 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 this amount be waived
or reduced.
Fiesta Association Meetings
In addition to coordinating and conducting various activities and events
associated with the 2013 Fiesta de las Golondrinas celebration, the Fiesta
in is also requesting a waiver of City Facility Use Permit fees for
Day Parade planning meetings conducted in City facilities
it the year. The following is a list of anticipated fees required for
General Membership and Swallows Day Parade Planning Meetings
12 weekly meetings (Jan -Mar.) Nydegger Bldg. 42 hrs. @ $37.24/hr.
$1,564.08
12 weekly meetings (Jan. -Mar.) La Sala Auditorium 15 hrs. @ $67.25/hr.
$1,008.75
8 monthly meetings (Apr. -Nov.) Nydegger Bldg. 24 hrs. @ $37.24/hr.
$893.76
8 monthly meetings (Apr. -Nov.) La Sala Auditorium 8 hrs. @ $67.25/hr.
$538.00
Total Fees - 2013 General Membership/Swallows Day Parade Planning Mtgs.:
$4,004.59
Fiesta de las Goloncidnas Pet Parade/Swallows Day Parade/Mercadon $26,317.45
General Membership and Swallows Day Parade Planning Meetings 004.59
TOTAL FEE WAIVER REQUEST: $30,322.04
*Anticipated fees
ATTACHMENT 2
Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2013 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 2013 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 2013 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 de las Golondrinas 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 2013
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 2013
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
2013 Fiesta de las Golondrinas celebration. This includes the development of the official
2013 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 3
2
C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive
listing of the 2013 Fiesta de las Golondrinas events to assist in reducing duplication and
overlapping of event activities. The Fiesta de las Golondrinas celebration begins in
February 2013 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 the 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 2013 Fiesta de las Golondrinas.
INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall maintain a
commercial general liability policy, including liquor liability and completed operations, with
limits of liability of not less than $5,000,000 per occurrence and the policy shall be
endorsed to name the City, Redevelopment Agency, Successor Agency, CalTrans and
their respective employees, representatives, officers and agents as additional insured. This
insurance is primary and non-contributing with any other insurance or self-insurance
available to the additional insured.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2)
an endorsement issued by the insurance carrier(s). These policy/policies shall not
terminate nor shall they be canceled, nor the coverage reduced, throughout the duration of
the 2013 Fiesta de las Golondrinas celebration. The Fiesta Association shall also provide
the City 30 days advance written notice regarding changes to this coverage.
III. INDEMNIFICATION
The Fiesta Association agrees to indemnify the City, the Redevelopment Agency,
Successor Agency, CalTrans and their respective employees, representatives, officers,
and agents and will hold and save each of them harmless from any and all actions, claims,
damages or liabilities that may be asserted or claimed against them arising out of the willful
or negligent acts, errors or omission of the Fiesta Association, its agents, employees,
subcontractors, or invitees. This indemnity shall survive end after termination of this
Memorandum of Understanding.
3
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 2013 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 de las
Golondrinas events do not apply to commercial and/or business events conducted in
association with the 2013 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).
VIII. NOTICE
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
Citv
Cynthia Alexander
Acting Community Services Director
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 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:
Hans Van Ligten, City Attorney
4
32400 PASE0 ADELANTO
SAN JUAN CAPISTRANO. CA 92575
(949) 4931171
(949) 4931053 FAX
u n uL.sanjttancalnsII000.OIp,
MEMBERS OF TME CRY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
S MAUUNATO
ROY L CMNEB, M.D.
LNRY KRIMEA
DEREK REEVE
JgIN TAYLOR
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, February 5,
2013, in the City Council Chamber in City Hall, to consider: "Consideration of a
Memorandum of Understanding and Wavier of Fees for the 2013 Fiesta de las
Golondrinas Celebration; and Exception for Firearm Discharge for the Lead Agency
in the 2013 Swallows Day Parade (San Juan Capistrano Fiesta Association)" — Item
No. D19.
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 4, 2013, 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,
Acting Community Services Director. 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.sanivancapistrano.org. 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:
citvclerkosan i ua nca oistra no.org.
Maria Morris, CMC
City Clerk
cc: Mr. Steve Weekes, President, San Juan Capistrano Fiesta Association
San Juan Capistrano: Preverving the Past it) Enhance the Pouure
City Council Agenda Report
February 5, 2013
Page 2 of 5
$38,811.04 (Attachment 2). To generate excitement and enthusiasm, the Fiesta
Association leads the Swallows Day Parade dressed in theme -appropriate western
wear, discharging blanks into the air; therefore, the Fiesta Association is asking for an
exception for firearm discharging in the 2013 Swallows Day Parade. Also attached for
your approval is an MOU (Attachment 3).
DISCUSSION/ANALYSIS:
Memorandum of Understanding: In preparation for the upcoming 2013 Fiesta de las
Golondrinas celebration and 55 Swallows Day Parade to be conducted Saturday,
March 23, 2013, the 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.
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 the Fiesta Association's
approval, unless the business conducts its 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 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.
Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2013 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 2013 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 2013 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 de las Golondrinas 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 2013
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 2013
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
2013 Fiesta de las Golondrinas celebration. This includes the development of the official
2013 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.
K
C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive
listing of the 2013 Fiesta de las Golondrinas events to assist in reducing duplication and
overlapping of event activities. The Fiesta de las Golondrinas celebration begins in
February 2013 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 the 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 2013 Fiesta de las Golondrinas.
II. INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall maintain a
commercial general liability policy, including liquor liability and completed operations, with
limits of liability of not less than $5,000,000 per occurrence and the policy shall be
endorsed to name the City, Redevelopment Agency, Successor Agency, CalTrans and
their respective employees, representatives, officers and agents as additional insured. This
insurance is primary and non-contributing with any other insurance or self-insurance
available to the additional insured.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2)
an endorsement issued by the insurance carrier(s). These policy/policies shall not
terminate nor shall they be canceled, nor the coverage reduced, throughout the duration of
the 2013 Fiesta de las Golondrinas celebration. The Fiesta Association shall also provide
the City 30 days advance written notice regarding changes to this coverage.
INDEMNIFICATION
The Fiesta Association agrees to indemnify the City, the Redevelopment Agency,
Successor Agency, CalTrans and their respective employees, representatives, officers,
and agents and will hold and save each of them harmless from any and all actions, claims,
damages or liabilities that may be asserted or claimed against them arising out of the willful
or negligent acts, errors or omission of the Fiesta Association, its agents, employees,
subcontractors, or invitees. This indemnity shall survive end after termination of this
Memorandum of Understanding.
3
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 2013 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 de las
Golondrinas events do not apply to commercial and/or business events conducted in
association with the 2013 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 carving 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).
VIII. NOTICE
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
CSL
Cynthia Alexander
Acting Community Services Director
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 J CAPISTRAN FIESTA A SOCIATION
Steve Weekes, President
CITY OF SAN JUAN CAPISTRANO
ATTEST:
N6rlV
a Morris, Bity Clerk
32400 PASCO ADCLANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493.1171
(949) 4931053 PAX
wlrnauttjunnc•upixn•una. ag
TRANSMITTAL
TO:
San Juan Capistrano Fiesta Association
Steve Weekes, President
PO Box 532
San Juan Capistrano, CA 92693
DATE: February 8, 2013
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CRY COUNCIL
SAM ALLEVATO
ROY L. BYRNES. M.O.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Memorandum of Understanding for Organizational Responsibilities in Conducting the
2013 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
the agreement. If you have questions related to insurance requirements, please call Christy
Jakl, Deputy City Clerk at (949) 443-6310.
If you have questions concerning the agreement, please contact Cynthia Alexander, Acting
Community Services Director at (949) 443-6395.
Enclosed is an original agreement for your records.
Cc: Cynthia Alexander, Acting Community Services Director
San Juan Capistrano: Neserving the Past to Enhance the P-ulm-e
6� PWad an 160''.rMydo4PAIM
Christy Jakl
From: Christy Jakl
Sent: Friday, February 08, 2013 9:45 AM
To: Cynthia Alexander
Cc: Candice Ortega; Manny Ruelas
Subject: Fiesta Association MOU
Attachments: 13-0205 Fiesta Association MOU.pdf
Good Morning,
For your records, attached is the executed MOU with the Fiesta Association for the 2013 Fiesta de las
Golondrinas Celebration.
Thanks!
C:hrist-� Jakl, Civic
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
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