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:
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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
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