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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 2 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 Please share your experience with the City by taking our Survey.