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16. Fee waiver culture eventsDEPARTMENT OF F'ARKS AND RECREATION CUPERTINO CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) -777-311 O • FAX: {408) 777-3366 STAFF REPORT Agenda Item Number SUBJECT AND ISSUE Agenda Date: December 16, 2008 Consider amending the fee waiver policy for on€;oing events that strengthen cultural ties and awareness. BACKGROUND The City of Cupertino's facility use policy gives the Council the authority to waive fees for nonprofit organizations providing a service to the community. The fee waiver is for one-time events such as the League of Women Voters hosting a candidates' forum. On October 7, 2008, the Council waived the $300 fee so the League could hold a candidates forum for the 15`i' Congressional District Candidates and Judges Forum. Recently, the City has received two requests for :fee waivers. One from the Iranian Federated Women's Club and the other from the Art of Living Foundation. The Iranian Federated Women's Forum is using the Cupertino Room at the Quinlan Center every Tuesday from 1 1 a.m. - 2 pm for luncheon and discussion, for six months beginning September 2008. They are paying a discounted rate of $30 an hour with a six months total of $2160. The Art of Living Foundation is a nonprofit organization that wishes to offer Mind-Body Wellness Seminars at no cost to Cupertino residents in exchange for the City's waiving any facility fees. The two request letters are attached. ANALYSIS Both of these organizations are nonprofit organizations. One is offering a perspective on the Iranian culture and the other is offering wellness programs.. Both could be considered a benefit for Cupertino residents. If Council wanted to encowrage programs such as these staff could create a program complete with guidelines that would assure programs such as these were implemented. For example, guidelines could require any cultural group to actively invite the participation of persons from other cultures. 1s - 1 On the other hand, approving these more ongoing fee waivers could set a precedent and open the fee waiver program to a variety of nonprofit organizations. In order to be fair to all organizations and to generate revenue for the City, Council policy has been to not grant waivers except for one time special events such as candidate forums. Attached is a copy of the existing policy. STAFF RECOMMENDATION Staff is seeking Council direction on drafting a fee waiver change that would provide a process for nonprofit organizations providing ongoing cultural awareness programs. SUBMITTED BY: ~~ ;~~ ~~ -~ Ma Linder, irector Parks and Recreation Department APPROVED FOR SUBMISSION TO CITY COUNCIL: C°~~~ David W. Knapp, City Manager attachments is-2 G .f•W.c. w December 2, 2008 City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear City Council, The Iranian Federated Women's Club is asking for fee waiving the usage of the Cupertino room at the Cupertino Quinlan center for Tuesday Luncheons for six months which was started on September 2008. Thank you for your consideration. Sincerely, - Fariba Nejat, President Cell: 408-373-7773 16-3 Promoting Health 8i Wellness in Cupertino Respected Mr. Knapp, It gives me great pleasure to -share with you the Art of Living Foundation's Mind-Body Wellness Workshop offered as part of our community wellness initiative_ We understand that with the current national and global financial situation, these times can be stressful_ in times like this the importance of having tools to de-stress, keep perspective, and focus is even more apparent. The non-profit Art of Living Foundation would like to partner with the City of Cupertino in our effort to serve the community by restoring personal wellbeing in each citizen_ We would be happy #o propose a Memorandum of Understanding with the City of Cupertino that would include conducting FREE Mind- Body Wellness Seminars to create awareness about a better way to live no matter what the external circumstances_ All our instructors are trained in these techniques and volunteer their time. They lead these workshops at various corporations, universities and community centers locally_ With the recent incidents of shooting in companies, it has become an urgent need to address the stress created in our community due to the economic climate. We look forward to working with the City of Cupertino in combining our resources and strengths to serve the community_ Please let us know when we can hold a meeting with the right people to go over details of this potential partnership. Warm regards, Vinita Pande Mind-Body Wellness Coordinator Art of Living Foundation Vinita.Pande@artofliving.org ~ 408-910-2696 We care_ We 5hare_ P.O_ Box 50003 S':anta Baclnri, CA 931 50 s~o_~97.5913 16-5 16-6 8r Yoga Wellness 'Workshop ~~~~ ~~~ ~ . ~',~ ~l7 Relax-Refresh-Rejuvenate THE -ART OF LIVING ilNWSh/<arttafl ivir~c~,arc~ We understand that with the current financial situation, these times can be stressful_ In times tike this the importance of having tools to de-stress, keep perspective, and focus is even more important. The non-profit Art of Living F=oundation is conducting FREE Meditation Yoga Wellness seminars to create awareness about a better way to live no matter what the external circumstances_ Visit: us.artofliving.org/wellness for information and locations. to the workshop you wilt get Toclls & Techniques to: o Cope with Stress Manage Trauma o Control negative emotions Have a Calm Positive Mind Featured Teacher: Denise Marcus Professionally certified as a yoga and meditation instiruc- tor, Denise Marcus has been practicing and teaching medetation for over 35 years_ Taday she teaches throughout the United States artd intemationaily_ Her specialty is focused on Sudarshan Kriya yoga, a style: of yoga which involves powerful breathing techniques si~e- cifically designed to dissolve strerss, increaser energy, and improve heath_ Denise started teaching for Kaiser Permanents in 20D7 as a pilot project though the Mind Sody Wellness center. The success of the program has led her to be an active consultant for other institution::, including Blue Cross Biue Shield, Santa Clara Valley Medical Center, and various departments within Kaiser Pertnanente_ Session Details Date: Dec. 6th Timing: 9:30am - ~2:OOpm Register: http:!/ sec u re. a rtofllvi n g. org Gost: FREE Contact: Kshori PF7one: 408-55'I -0898 E-mail: kishori~gmail.com About the Art of Living Foundation The Art of Living Foundation, an International educational and humanitarian SO7c(3) that works in special consultative status with the United Nations, was founded 1 981 _ Accredited as a United Nations NCO, it is now one of UN's largest volunteer based NGOs_ The Foundation has service initiatives related to health, education, sustainable development, conflict resoluilon, and disaster relief, which have benefited more than 20 million lives in ewer 740 countries. The Foundation offers programs to strengthen the individual and build a global society free of stress, violence, and misery. Visit: http_//www.artofliving.org ~s-~ ~_ e./VGemor~rrCcsm of ~l.~sderst~rssdsas9 6e~>;u~8ss >;~B ~it3/ o. f'~Soccator~ a~trd~ ~~te c+~ of~s'itr'str~y a`!4ou,>KduLs`oss ~~" c~ro~ssoL>£ri~y ~aftl~"~rd'`~'Y°e11yser~s ~nsoyir4 y ~ rsators~ana The City of Ftic>ctstc-n and the Mayor's Council on Wellness, represented by the Honorable. Mayor Bill LVhi[e and tltc Art of Living Foundation, a rtonprort, cducatinnal anti hwnanitat•ian NGO aftiliated with the Economic and Social Counci! of the United. Nations, represented by t-Its Holiness Sri Sri Ravi Shanlcar recognize Thai these entities have a nuuual interest in aecomplishing the titllowing for the City of Ftouston, the State. of"F'exas, the nation and the world: • Reduction of schvot-and- neighborhooc{ violence a ~{ ~ f` • Thv' welt-being ofat risk youth ~ ~~ ^~'" • htcrcasing public awareness on cleanliness and cnviroruncntll { ~~~'~1t~. sustainability including tree plarning ~ ¢.,,„~i `~ jr f r ~ ~ • Stress rcdnr--tine For alt City of Houston eniltloyces including those in high s,'~~ 'tr~~~ stress positions such as police and Rre cleparttttenl personnel }` ~~ ~~-~` • Reducint; crime and enhancing re:habilitaiion by curbing ast;ressiott ~'ns~''~~ ~' ~ t ;^. , among those: in dte criminal justice system through violence prevention i ~ `` teettniques i Y~.~ r • "['rtiunta anti stress retiefprograms for f{busto~t's i•ctut~ting veteri~ns yfy• r~"'~~,~,~~. t ` ~ Therefore, let it he known that both parties agree that if t-n occasion'arises where it is ~ - ~ beneficial to work tobether in accomplishing the goats as set out above, Ute parties wilt ~'t'~"~ erttertain disetrssions ort how hest to combine efforts so as to promote health and ~vcllness ;:3 ~ t anti to support the; values of community service, spiritual health, turd sctciat ectuatity as ~; „1~y a. x3-mss J~. cxem;>tified by I-Its Holiness Sri Sri Ravi Shankar. ~;~~ ~ Si€;tted on this 3t)°i day oP tactober 2.008: +: ~ ££ is ~~, ~~ ,: ~ _f.._..~ ~ 7 __J .r7 ~ J `. C ~~ - , jt~ ~ ~v~! ~~ ~ s\..? /j'Ls A7~a.~~_ ,.. _ {{{(- ~ r i~ f :., .. ~ ~ His F[ol-ncss Sri Sri Ravi Shankar Bill White (-~ ~~.~ Art of t.iving Fount{orlon Mayor of Houston ~ °'~~ ~ i rn~ .mot ~f. ~.. 6 - 8 City of Cupertino Parks 8i. Recreation Department Facility~Use Policy and Procedures GROUP DESCRIPTIONS CITY PROGRAMS -Group I: City of Cupertino activities that are open to the public. Official City-sponsored programs. CITY CO-SPONSORSHIP -Group II: Clubs with 51% resident membership, recreation events and programs with foil or affiliated City co-sponsorship that are open to the public. Group II may make consecutive reservations over a six-month duration. Renewal of the reservation wiil be accepted during the fifth month of the current reservation. CUPERTINO NON-PROFIT -Group III: Any organization claiming status, as a Cupertino-based non-profit organization, must demonstrate in writing on the organization's letterhead that it is located in Cupertino, has 51 Cupertino resident participation, and has a federal non-profit organization number. Group III may make consecutive reservations over asix-month duration. Renewai of the reservation will be accepted during the fifth month of the current reservation. CUPERTINO RESIDENT -Group IV: Private functions not open to the public. These functions would include parties, banquets, receptions, employee training, memorial services, etc. Residency is defined as an actual permanent place of abode within the city limits of Cupertino. Proof of residency is required in the form of a current utility bill with the applicant's name and address printed on the bill. Group N may only make a single date reservation and the reservation date must pass before another request is submitted, except for Community Hall reservations, which may be ongoing. NON-RESIDENT NON-PROFIT -Group V: Programs and events sponsored by non-resident non-profit recreation, education, or community services. Anon-resident non-profit organization must demonstrate in writing that it provides service to Cupertino residents and has a federal non-profit organization number. A member of this organization- who is a Cupertino resident wiill submit the reservation and must attend the event. Group V may only make a single date reservation and the reservation date must pass before another request. is submitted except for Community Hall reservations, which may- be ongoing. CUPERTINO RESIDENT BUSINESS -Group V I: A business whose principal place of business is within the city limits of Cupertino and whose event in the facility is promotional and business related. Business events that are negotiation or direct sale aze not permitted at the Quinlan Community Center. Proof of business residency is required. Group VI may only make a single date reservation and the reservation date must pass before another request is submitted for the Quir-lan Community Center. Please note that the regulations in this section do not apply to Commanity Hall reservations. Ongoing reservations, up to six months in advance, will be accepted at tt~.e Community HaIL is-s RESERVATION INFORMATION Reservation applications must be completed in person at the Parks 8z Recreation Office at the Quinlan Community Center for all facilities except the Senior Center, which handles its own reservations. The Community Hall may be booked with the City Hall receptionist or at the Quinlan Community Center. Reservations must be made with no less than ten (10) days notice. No reservations will be taken by telephone. Cancellation of reservation may be made no later than one month prior to reservation for a refund to be issued. Contact in writing the Parks and Recreation office where you made your reservation. The City reserves the right to cancel any use of a facility with two weeks advance notice. If you have made. consecutive reservations to use the Community Hall and cancel more than two of them in a six-month period of time, the remaining reservation dates may be cancelled. Advance reservations may be made as follows: Monday-Thursday Friday-Sunday City Programs - Group I 13 months 13 months City Co-sponsorship -Group II 6 months 1 year Cupertino Non-Profit -Group lII 6 months 1 year Cupertino Resident -Group IV 3 months 1 year Nonresident Non-Profit - Group V 2 months 2 months Cupertino Resident $usiness -Group VI 3 months 3 months SETTING UP YOUR EVENT The City will provide a limited amount of tables and chairs for your reservation use inside the facility. The Parks and Recreation office will mail a room set-up diagram to you one month prior to your event. The department staff will perform the requested table and chair set-up. Only one room set-up will be done per event. You are responsible for putting up any decorations and for all special preparations necessary for your activity. Decorating and delivery of equipment is to be done during your permitted reservation time. You may use masking tape to hang decorations at City facilities with the exception of the Community Hall. The only decorations at the Community Hall are table and freestanding decorations. You may not use the following items in any facility- Cellophane adhesive tape, nails, staples, thumbtacks, push pins, screws, etc. To comply with the Uniform Fire Code under the direction of the Santa. Clara County Fire Marshal, candles and other open-flame devices may not be used in any City facility. Flammable materials must be treated with flame retardant before entering any City facility. Facility Use Rental Schedule Per Hour Page 2 of 7 "~~December 7, 2694 ~o DURING YOUR EVENT The City will furnish light, heat, and washroom supplies. Trash and recycle containers are provided. Doors may not be propped open and a clear passage to and in front of the doors must remain at all times. Smoking is not permitted inside any facility. The City has the right to assign staff members to enter and supervise the facility during the event. Birdseed may be thrown at wedding receptions, but only outside the buildings. Rice and confetti are not allowed. AFTER YOUR EVENT Decorations must be taken down and any special preparations or personal property owned or rented must be out of the building before the expiration of the permitted reservation time. You are responsible for cleaning up spills and debris in the kitchen area. You are responsible for any and all damage to City equipment or property. Department staff will be responsible for taking down table and chair set-up after your event. Room janitorial service is included in your rental i ee. Please do not offer gratuities to City employees; they have been instructed not to take them.- ALCOHOL REGULATIONS The request to serve alcoholic beverages muss: be made at the same time the reservation application is made. The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State law and City policy. The serving of alcoholic beverages is limited to seven hours during a reservation. The reservation group may serve wine, beer, and champagne. Only an authorized state liquor establishment can serve hard liquor and an Alcoholic Beverage Waiver form provided by the Parks and Recreation Department must be submitted. No extra insurance is required beyond that carried by the authorized state liquor establishment. • The age of servers must be the legal drinking <<ge of 21. Alcoholic beverages may not- be consumed outside of the facility except in the enclosed patio or deck area. The City will contract-with security staff to be present during the sale or serving of alcoholic beverages. This staff expense will be included in ,your reservation fee. Facility Use Rental Schedule Per Hour Page 3 of 7 #s ember-l-9December 7, 20!14 ~ i USE OF THE FACILITY Each individual in the group must obey all applicable City, State, arid Federal rules, ordinances, laws, and regulations. If you do not, your permit may be revoked, you may forfeit your security deposit, and you may be asked to leave the facility and/or be subject to legal action. For use of the Community Hall, pazking impacts to the Library and City Hall will be considered in evaluating the application. The person or organization granted the permit assumes all responsibility for use of the facility. When any group applies for the permit, a contact person must be named as the sole authority to make changes or submit additional information. This person must attend the activity. The City of Cupertino is not responsible for accidents, injury, illness, or loss of group or individual property. Groups composed of minors (under 18 years) must be supervised by adults at _all times. The number of adults required will be based on the size and age of the group. The permit is issued to a supervising adult. Permits cannot be transferred, assigned; or sublet and groups may use specifically permitted azeas only. Commercial, concessions, or profit-making activities are not allowed at City facilities, except for the Community Hall. Fundraising events are allowed for Groups II, III, and V at all City facilities. Proof of insurance may be required depending on the event. All facilities must be closed by IO:00 p.m. Sunday through Thursday and 1 LOO p.m. on Friday and Saturday. The earliest a facility may be rented is 8:00 a.m. Changes to these hours must be approved by the City Council. FACILITY USE RENTAL SCHEDULE PER HOUR All rental fees shall be paid in advance. The balances of the fees are due 14 days prior to the rental. Fees begin at the time applicants enter the facility to prepaze for events and/or accept deliveries. Rental fees are applied for preparation, actual program, and clean up after the event. The City reserves the right to change fees periodically. Reservations already negotiated will not be affected by rate changes. Fees are not retroactive. Facility Use Rental Schedule Per Hour Page 4 of 7 "r:~a n~ha~hDecember 7. 20412 uinlan Community Center. 10185 N. Stellin~ Road Cupertino Room (Monday - Thursda~~ (Friday -Sunday) /Per Hr /Per Hr Group II $ 30 $ 80 Group III $ 30 $ 80 Group IV $140 $230 _ Group V $ 50 $140 Group VI $265 $265 Social Room Group II $ 20 $ 60 Group III " $ 20 $ 60 Group IV $ 45 $ 90 Group V $ 25 $ 75 Quinlan Community Center -continued Conference Room Group II $ 10 $ 25 Group III $ 10 $ 25 Group IV $ 40 $ 60 Group V $ 25 $ 50 Community Hall, 10350 Torre Avenue Monday -Thursday Friday -Sunday Per Hour Rental Fee $ 80 $250 Senior Center. 21251 Stevens Creek Boulevard Reception Room iEvenin~s &c Weekends PPr Hrn ir'e` Group II $ 80 Group III $ 80 Group IV $230 Group V $140 Classroom. Conference Room. Arts &c Crai.~ Room. and Bav Room Group II $ 60 Group III $ 60 Group IV $ 90 Group V $ 75 * Senior Center rooms are available for rental Monday through Thursday, after 5:30 p.m., and 8:00 a.m. to 10:00 p.m., Saturday and Sunday. Facility Use Rental Schedule Per Hour Page 5 of 7 er~SDecember 7 2U~4 ~3 Portal Park. 10225 N. Portal Avenue Building Monda y -Sunday) Group II $ 5 Group III $ 5 Group IV $ 10 Group V $ 20 Creekside ParklWilson Park, 10455 Miller Avenue/10249_ S. Portal Avenue Building ~Monday -Sunday) Per hour Group II $ 15 Group III $ 15 Group IV $ 30 Group V $ 20 Monta Vista Recreation Center, 21840 McClellan Road Classroom iMonday -Sunday) Per hour Group II $ 15 Group III $ 15 Group N $ 3 0 Group V $ 20 Kitchen Group II $ 15 Group III $ 15 Group IV $ 25 Group V $ 20 RENTAL, FEE WAIVER For community events, the City Council may choose to waive rental fees. The decision to waive fees is normally made during adoption of the fiscal year budget. Specifically, the City shall waive all room rental costs relative to the event. The sponsoring organization pays for the cost of staff and janitorial services for their event. If an elected official representing the City of Cupertino requests use of a City facility for a community meeting, it shall be considered a City use and no fees will be charged. COMMUNI'T'Y HALL USE BY THE LIBRARY There will be a predetermined number of "free" Library uses of the Community Hall approved by the City Council each yeaz during the budget review. Facility Use Rental Schedule Per Hour Page 6 of 7 ref-~-9December 7 20®4~4 SECURITY. STAFF Required when alcohol is served at any City facility:.- $25.00 per hour. OVERTIME FEE- Functions exceeding the permitted reservation time shall be charged $150.00 for any time up to the first half-hour, and $150A0 for every half-hour therea$er. This charge will be deducted from the security deposit. Phis applies to all City facilities. SECURITY DEPOSIT A security deposit shall be required for Groups II, III, IV, V, and VI. Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are Ieft in clean condition, and permits conclude on time. Facility Quinlan Community Center: - Cupertino Room -Groups IV, - All Other Rooms -Group IV - Group II, III, V -All Rooms Community Hall: - Groups N, VI - Groups II, III, V Senior Center: - Reception Hall - Reception Hall -Group IV - All Other Rooms -Group IV - Groups II, III, V -All Rooms Portal Park Creekside Park /Wilson Park Monta Vista Recreation Center Det~,~sit Amount VI $750 $300 $300 $750 $300 $500 $750 $300 $300 $100 $100 $100 Policy was approved by City Council on December 7, 2004. g:\parks and recreation admin\policies\facility use policy procedure.doc Facility Use Rental Schedule Per Hour Page 7 of 7 ?~30~~,~~wr-nDecember 7, 204 ~5