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23-0207_SAN JUAN CAPISTRANO FIESTA ASSOCIATION_Agenda Report_E10City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Matisse Reischl, Assistant to the City Manager/Community Services Director Thomas Toman, Public Works Director DATE: February 7, 2023 SUBJECT: Parade Permit, Fee Waiver, Temporary Street Closures, and Memorandum of Understanding with the San Juan Capistrano Fiesta Association as Lead Agency for the Fiesta de las Golondrinas Celebration and 63rd Annual Swallows Day Parade and Mercado, Saturday, March 25, 2023; and Finding Said Action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4) and Section 15323 (Class 23) RECOMMENDATION: 1.Adopt a resolution approving temporary street closures for the Fiesta de las Golondrinas celebration and the 63rd Annual Swallows Day Parade and Mercado on Saturday, March 25, 2023; and, 2. Approve the issuance of a parade permit to the San Juan Capistrano Fiesta Association per City Municipal Code Section 5-11.05(b); and, 3. Approve and authorize the City Manager to execute a Memorandum of Understanding with the San Juan Capistrano Fiesta Association, which recognizes the Fiesta Association as the lead agency in planning, coordinating, and conducting all official events associated with the 2023 Fiesta de las Golondrinas celebration; and, 4.Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4) and Section 15323 (Class 23). 2/7/2023 E10 City Council Agenda Report February 7, 2023 Page 2 of 6 EXECUTIVE SUMMARY: Since 1995, the San Juan Capistrano Fiesta Association (Fiesta Association) has acted as the lead agency for planning, organizing, and coordinating the Fiesta de las Golondrinas celebration and the annual Swallows Day Parade. The Fiesta Association has submitted an application for a 2023 parade permit (Attachment 1). The parade is scheduled for Saturday, March 25, at 11:00 a.m. It will start on Ortega Highway at El Camino Real and finish on Camino Capistrano at La Zanja Street. It will also travel along the same streets as in past years, as shown in Attachment 2. In addition, Yorba Street, Forster Street, and El Camino Real south of Ortega Highway will be closed for a Mercado between approximately 8:00 a.m. to 5:00 p.m., as shown in Attachment 3. Staff recommends approval of the parade permit and adoption of a resolution (Attachment 4) approving the temporary street closures for the celebrations, parade, and local special events. 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 overseeing important planning and coordinating aspects of the community’s annual Fiesta de las Golondrinas celebration and the annual Swallows Day Parade. It is recommended that the City Council approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Fiesta Association establishing the Association as the lead agency for the 2023 event (Attachment 5). This is substantively the same MOU that has been approved for prior years’ events. DISCUSSION/ANALYSIS: The Fiesta Association estimates the cost to put on the annual Swallows Day Parade and related events is approximately $140,000. The Fiesta Association funds this event each year by seeking sponsorships, selling merchandise, and conducting fundraisers such as barbecues, the Taste of San Juan, and the Mercado. Due to the community nature of the activities and events in 2014, the City Council approved a permanent waiver of City fees associated with Fiesta Association permits and planning meetings required for conducting the annual celebrations. Furthermore, to generate excitement and enthusiasm, the Fiesta Association leads the Swallows Day Parade dressed in theme-appropriate western wear. Following are descriptions of the proposed MOU and various permits and activities. 1. Parade Permit and Street Closure A copy of the parade permit application and a map of the parade route showing the area of temporary street closures are included as Attachments 1 and 2, respectively. The parade route will be as follows: A. Staging on La Zanja Street between Camino Capistrano and El Camino Real, and continuing on El Camino Real between La Zanja Street and Ortega Highway. City Council Agenda Report February 7, 2023 Page 3 of 6 B. The parade then begins on Ortega Highway at El Camino Real and continues east on Ortega Highway to Del Obispo Street; then, C. South and west on Del Obispo Street to Camino Capistrano; then, D. North on Camino Capistrano to La Zanja Street where it ends, and the participants disperse. A map showing the closed streets for the Mercado is included as Attachment 3. The Mercado event will require the continued closure of the following streets from 6:00 a.m. to 8:00 p.m. The closures include: A. El Camino Real between Ortega Highway and Forster Street; and, B. Forster Street between Camino Capistrano and El Camino Real; and, C. Yorba Street between Camino Capistrano and El Camino Real. Portable restrooms will be delivered and staged at Historic Town Center Park (HTC), the Esslinger Parking Lot, and the La Sala Parking Lot on Friday, March 24, and will be removed on Sunday, March 26. The booths will be taken down from approximately 5:00 p.m. to 6:30 p.m. Traffic control will be removed between 6:30 p.m. and 7:30 p.m., with streets being opened as soon as possible within this period. An additional half-hour (until 8:00 p.m.) will be allowed for any unexpected delays. The Public Works Department will provide barricades and signage for the street closures and will post "No Parking" signs along the parade route and Mercado location. Police Services will furnish the necessary personnel for crowd and traffic control. Traffic control measures will be coordinated by the Public Works Department to provide efficient and safe movement of vehicles and pedestrians. 2. Memorandum of Understanding 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 for this year’s celebration and parade. The MOU identifies responsibilities such as coordination of activities with other community-based organizations, publicity coordination, including 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 will also 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. City Council Agenda Report February 7, 2023 Page 4 of 6 3. Hoos'Gow Day The Fiesta Association celebrates the day before the Swallows Day Parade as Hoos’Gow Day, which has become a San Juan Capistrano tradition. During Hoos’Gow Day, the “deputies” of the Fiesta Association, dressed in the black-and-white western wear, 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, and 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 the Swallows Day Parade and to generate funding to help support the parade. Hoos’Gow Day activities will begin at approximately 9:00 a.m. and conclude at 3:00 p.m. on Friday, March 24, 2023. Over $6,000 is typically generated on Hoos’Gow Day. This year, the Fiesta Association will again be carrying replica firearms around town on Hoos’Gow Day, but not within banks, liquor stores, day care centers, schools, churches, hospitals, adult care facilities, bars, horse stables, or any residential areas. Special care will be given to any location that has requested to not be involved in the Hoos’Gow Day activities. No blank or live ammunition is permitted. No one under the age of 21 is allowed to handle a replica firearm. Carrying of appropriately identified replica firearms is not prohibited under State law or City ordinances. 4. 2023 Swallows Day Parade Replica Firearms Some participants in the Swallows Day Parade will be carrying unloaded, authentic, period firearms. These firearms may not be loaded with any type of ammunition, real or replica. Carrying of unloaded firearms is allowed under Penal Code Section 26364 while participating in this type of official civic event. FISCAL IMPACT: On January 21, 2014, the City Council permanently waived fees for the Swallows Day Parade and prominent related events leading up to the parade. These fee waivers cover the following: • Facility Use Permit - Historic Town Center Park (Mercado) • Electricity - Historic Town Center Park (Mercado) • Facility Use Permit - Los Rios Park (Pet Parade) • Parade Encroachment Permit • Parade License Fee in accordance with City Municipal Code Section 5-11.08 • Police Services and Public Works Department staffing • Nydegger Building & La Sala Auditorium Rental The only fees that are not proposed to be waived are the alcohol permit fee of $56.90 for City Council Agenda Report February 7, 2023 Page 5 of 6 the Parade/Mercado. A refundable cleaning and compliance deposit of $600 will also be collected and refunded to the Fiesta Association after the Mercado event, provided that the sites are restored to original condition, and all permit conditions have been satisfied. The cost of City personnel and related costs and charges, such as electricity and facilities to conduct events and organizational planning meetings for the Swallows Day Parade, are included in the Fiscal Year 2022-2023 Operating Budget. Police Services personnel charge only their actual time for this event and do not include the cost of officers working on their regularly scheduled workday. Both Public Works and Police Services personnel costs for this event are charged to their appropriate budgets. To provide adequate staffing while keeping costs down, Police Services also utilizes reserve deputies, Explorers, San Juan Capistrano CERT, ASAP, and Tri-City RACES volunteers, providing a significant cost savings. ENVIRONMENTAL IMPACT: The planned activities described in this report are categorically exempt under CEQA Guidelines Section 15304 (Class 4) and Section 15323 (Class 23) described as follows: Section 15304 - Minor Alterations to Land: Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include, but are not limited to, . . . (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. The planned activities fit this Class because there would be no removal of trees and the activities are temporary use of the land having negligible or no permanent effects on the environment. Section 15323 - Normal Operations of Facilities for Public Gatherings: Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. The planned activities fit this Class because they would consist of the normal operation of the facilities and there is a past history of the facilities being used for the same purpose. PRIOR CITY COUNCIL REVIEW: The City Council reviews planned Fiesta de las Golondrinas activities each year. City Council Agenda Report February 7, 2023 Page 6 of 6 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. NOTIFICATIONS: San Juan Fiesta Association Chamber of Commerce Heritage Tourism Association Orange County Sheriff’s Department Orange County Fire Authority Orange County Transportation Authority Mission San Juan Capistrano The Fiesta Association has assumed the responsibility to contact and inform each place of business individually within the downtown area. Signs and changeable message boards will be posted at appropriate intersections and along appropriate streets to notify the public of closures a minimum of 48 hours in advance of the event. ATTACHMENTS: Attachment 1: Parade Permit Application Attachment 2: Map of Parade Route Attachment 3: Map of Mercado Street Closures Attachment 4: Proposed Resolution for Street Closures Attachment 5: Proposed Memorandum of Understanding ATTACHMENT 2, Page 1 of 1 :LOS RIOS STOrtega f Camino CapistranoDel Obispo StHistoricTown Center Park SJCMission LOS RIOS STHwy Spring St Rail-RoadDepot Verdugo BUSPARKING Forster Yorba Mercado Mercado Mercado MERCADO STREET CLOSURES6:00 am to 8:00 pmSwallow's Day Parade ATTACHMENT 3, Page 1 of 1 ATTACHMENT 4, Page 1 of 3 RESOLUTION NO. 23-02-7-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE TEMPORARY PARKING RESTRICTIONS AND STREET CLOSURES WITHIN THE DOWNTOWN AREA OF THE CITY ON SWALLOWS DAY, MARCH 25, 2023 WHEREAS, the Swallows Day Parade and Mercado to be conducted on March 25, 2023 will be a significant community event that has been conducted annually by the Fiesta Association and supported by the City since 1995, and that brings significant economic benefit to the downtown businesses and the City; and, WHEREAS, it is necessary to restrict parking and vehicular traffic on certain streets and parking lots within the downtown area on Swallows Day for public safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano that temporary parking restrictions on, and the temporary closure of, certain streets within the downtown on Swallows Day, March 25, 2023, at the locations and times as generally shown on the attached Exhibit “A”, are approved, and that the City Manager is authorized to implement the temporary parking restrictions and street closures by appropriate means, including the posting of traffic control devices or use of traffic direction by qualified and authorized personnel, or both. PASSED, APPROVED, AND ADOPTED this 7th day of February 2023. _____________________________________ HOWARD HART, MAYOR ATTEST: ________________________________________ MARIA MORRIS, CITY CLERK ATTACHMENT 4, Page 2 of 3 EXHIBIT “A” Page 1 of 2 ATTACHMENT 4, Page 3 of 3 EXHIBIT “A” Continued Page 2 of 2 ATTACHMENT 5, Page 1 of 5 Memorandum of Understanding for Organizational Responsibilities in Conducting the 2023 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 2023 Fiesta de las Golondrinas celebration. Since 1995, 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 2023 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 responsibilit ies, 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 celebratio n. 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 no t 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 2023 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 2023 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 2023 Fiesta de las Golondrinas celebration. This includes the development of the official 2023 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. Page 2 of 5 C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive listing of the 2023 Fiesta de las Golondrinas events to assist in reducing duplication and overlapping of event activities. The Fiesta de las Golondrinas celebration begins in February 2023 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 2023 Fiesta de las Golondrinas. In addition, the Fiesta Association will coordinate with the City regarding the delivery, storage, and timely removal of equipment (such as portable restrooms) that will be stored on City property. In support of the partnership for the event, the City will waive the rental fees associated with the storage of the equipment/portable restrooms. 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 $2,000,000 per occurrence and the policy shall be endorsed to name the City, 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 2023 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 To the fullest extent permitted by law, the Fiesta Association agrees to protect, defend, and hold harmless the City, Successor Agency and Caltrans and their elective and appointive boards, officers, agents, and employees (collectively, “City Parties”) from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, Page 3 of 5 recklessness and/or intentional wrongful conduct of the Fiesta Association, or the Fiesta Association's agents, officers, employees, subcontractors, independent contractors, or invitees. The only exception to the Fiesta Association's responsibility to protect, defend, and hold harmless the City Parties is due to the negligence, recklessness and/or wrongful conduct of the City Parties. This indemnity shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Fiesta Association. Notwithstanding any other provision to the contrary, this indemnity shall survive the termination or expiration of 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 2023 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 2023 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: Page 4 of 5 City Heidi Ivanoff, Manager Community Services Department City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Fiesta Association President San Juan Capistrano Fiesta Association P.O. Box 532 San Juan Capistrano, CA 92693 [SIGNATURE PAGE FOLLOWS]