CC 05-15-2025 Item No. 1 Accept Recommendation regarding the 2025 July 4th fireworks_Written Communications (added 5-15-25)CC 05-15-2025
Item #1
Accept recommendation
regarding the 2025 July 4th
Fireworks
Written Communications
From:Santosh Rao
To:City Council; Tina Kapoor; City Clerk; Rachelle Sander; Chad Mosley
Subject:Please accept the July 4th sub-committee recommendation and schedule the July 4th fireworks and evening
celebration.
Date:Thursday, May 15, 2025 7:14:59 AM
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Dear City Clerk,
Please include the below in written communications for the 05/15/25 city council meeting for
the consent calendar agenda item on July 4th fireworks approval.
[Writing on behalf of myself only, as a Cupertino resident]
Dear Mayor Chao and Cupertino City Council Members,
I urge you to accept the July 4th subcommittee recommendations and proceed to schedule an
all-day celebration for July 4th, consisting of morning festivities at Memorial Park, afternoon
events at BlackBerry Farm, and evening celebrations at Creekside Park.
Please ensure that the item is pulled from the consent calendar so we can verify that all three
of the above celebrations will occur, and that the item is not limited solely to the July 4th
evening fireworks.
Further, if there are concerns about overcrowding at BlackBerry Farm, please limit advance
tickets to residents only. Tickets should be made available to non-residents only a few hours
prior and only if they have not sold out to residents. Additionally, please ensure that any
pricing includes a substantial premium for non-residents, while keeping prices unchanged for
Cupertino residents.
I want to congratulate all those who have made this possible. Congratulations to
Councilmember Ray Wang and Vice Mayor Kitty Moore for showing what a resident-aligned
council can accomplish. Congratulations to Director Sander and the Parks and Recreation staff
for working with the council and listening to input from Cupertino residents. Congratulations
to Mayor Chao for sticking with this item and making it happen despite early obstacles.
Finally, congratulations to Acting City Manager Tina Kapoor for supporting this initiative
across all stakeholders.
We must be fiscally responsible with our spending. Approving this $140,000 expense must be
offset by cost cuts elsewhere. We need to evaluate consultant contracts and begin cutting these
at the earliest opportunity. In addition, deep cuts are needed in non-essential city spending. I
have consistently, from day one, pointed out that the city cannot afford to spend $7M–$11M
on solar photovoltaic cells and EV chargers. Please leave these items out and cut this
spending. There are no federal grants forthcoming; the current federal administration is simply
not going to honor past grant approvals in this area from the previous administration. Let us
stop denying reality and act decisively to eliminate wasteful spending.
Lastly, let me remind our council that the Parks and Recreation budget truly needs to be
increased. The department represents the very best the city offers to residents. Parks and Rec
brings joy to our community in everything they do—from toddlers and teens to young families
and seniors. These events are the lifeblood of Cupertino. They are where our youth and teens
gain their first work experiences. Our Parks and Rec staff are often the first tutors and
mentors, teaching teens what it means to work, take on responsibility, and develop
punctuality, work ethic, service, and grit. These are life-changing experiences. For those
Cupertino families whose youth and teens work alongside our Parks and Rec staff at
community events, these are formative experiences that shape how they approach their future
work lives.
An investment in the Parks and Rec budget is the best no-regrets decision you can make.
I urge you to reflect on these thoughts. I implore you to immerse yourselves in our community
events—see for yourself the smiles they bring to residents' faces. Work alongside staff during
these events and experience the joy of our community.
As you enter the budget session, please act boldly and decisively to shift funding toward
Parks and Rec and away from wasteful, non-essential spending. More on that to come.
Thank you to the council and staff for all that you do to serve our community.
Thanks,
San Rao (writing as a Cupertino resident on behalf of myself only)
From:Kai Stockwell
To:City Clerk; Public Comments
Subject:Cupertino City Council Meeting May 15 2025 Submission for the Record – July 4th Fireworks Proposal at The Rise
Date:Wednesday, May 14, 2025 6:06:52 PM
Attachments:Cupertino City Council Meeting May 15 Submission for the Record – July 4th Fireworks Proposal at The Rise.pdf
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Dear Mayor Chao, Vice Mayor Moore, Councilmembers, and City Staff,
On behalf of our team, we wanted to formally submit the attached proposal for the record
ahead of the City Council’s discussion regarding the 2025 July 4th fireworks celebration.
In recent months, we were in conversation with Councilmember Ray Wang regarding a
potential partnership to host this year’s fireworks event at The Rise, which is currently an
active construction site. We were very encouraged to learn the City had secured funding for a
fireworks show and while we recognize our site presents unique logistical challenges, we
believe it also offers a rare opportunity – during a transitional window between major
construction phases – to utilize the site in a way that brings the community together for a
once-in-a-lifetime event. We have been coordinating with our general contractor to explore
how we might safely accommodate an event of this scale, should the City be interested in
pursuing this option.
We’ve greatly appreciated the opportunity to collaborate with the City of Cupertino and the
community in the past – whether at the former Vallco Mall, at Main Street Cupertino, or most
recently as a co-sponsor of the City’s 2024 Summer Concert Series. We have always done our
best to be a partner to the City and support civic life in Cupertino and will continue to be open
to the City’s ideas for collaboration.
As part of our outreach, we shared the attached draft Memorandum of Understanding with
Councilmember Wang, which outlines our willingness to contribute our site for the 4th of July
event. We were informed that the City team was reviewing the proposal, but we have not yet
received a formal response. We understand that additional diligence may be necessary to
determine feasibility and remain available to assist in that process. We also understand the
City is considering another potential site in the neighborhood just south of us.
We are standing by should the Council wish to continue exploring our option, and we remain
committed to supporting the goals of the Council and the Subcommittee to bring the Cupertino
community together through special events this summer.
Sincerely,
Kai Stockwell
Project Manager
Sand Hill Property Company
From: R "Ray" Wang <RWang@cuper no.gov>
Sent: Monday, April 21, 2025 4:26 PM
To: Reed Moulds <rmoulds@shpco.com>
Cc: Ki y Moore <KMoore@cuper no.gov>; Pamela Wu <PamelaW@cuper no.gov>; Rachelle Sander <RachelleS@cuper no.gov>; Michael Woo <MichaelW@cuper no.gov>
Subject: Re: 2025 Fourth of July DRAFT MOU
Reed
Thanks for the response. Let me forward this to the City team to take a look.
R
R "Ray" Wang
Councilmember
City Council
RWang@cupertino.gov
From: Reed Moulds <rmoulds@shpco.com>
Sent: Monday, April 21, 2025 2:49 PM
To: R "Ray" Wang <RWang@cuper no.gov>
Cc: Ki y Moore <KMoore@cuper no.gov>; Pamela Wu <PamelaW@cuper no.gov>; Rachelle Sander <RachelleS@cuper no.gov>; Michael Woo <MichaelW@cuper no.gov>
Subject: RE: 2025 Fourth of July DRAFT MOU
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Thanks for taking a cut at a MOU, Ray. I’m a aching our proposed redra . It shouldn’t be a surprise to you given our mul ple conversa ons on the topic these last few months that
Vallco Property Owner LLC can in no way fund, manage, insure, be liable for or otherwise take on any responsibility for this event. That said, and even though it is and will be an ac ve
construc on site subject to a GC contract, we (and our GC) are happy to work with the City and its related par es to provide access to help the City put on this event. While there are
some challenges and will be coordina on, we do see The Rise as a poten al op on for you all. This said, you made me aware that the City does have an alternate site, and we would
certainly understand if the City ul mately preferred that op on, all things considered.
We hope to be able to play a part in what promises to be a great event for the community by allowing the use of our site for 4th of July fireworks, and if the concepts in the a ached
MOU are acceptable to the City we are ready to facilitate next steps, including your feasibility assessment.
Best,
Reed Moulds
Managing Director
Sand Hill Property Company
MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
The Rise
SECTION 1. INTRODUCTION
This Memorandum of Understanding (“MOU”) between the City of Cupertino (“City”) and
Vallco Property Owner, LLC (“The Rise”) (collectively, the “Parties”) pertains solely to the
City’s limited use of a designated portion of the property commonly known as The Rise
located at the northwest corner of N. Wolfe Rd. & Stevens Creek Blvd., (the “Property”)
as a launch zone for fireworks for the 2025 Fourth of July celebrations (the launch zone
and fireworks are referred to herein as “Fireworks”). The City acknowledges that the
Property is undergoing construction by Devcon Construction, Inc. (“Contractor”) who has
rights concerning the Property, and City acknowledges that The Rise must obtain
separate, written consent of Contractor to interfere with such rights, and this MOU is
contingent upon The Rise’s obtaining such consent. Only a limited, nonexclusive
consent to access the Property is provided in this MOU, and no tenancy or other legal
right to possess the Property is created herein.
SECTION 2. PURPOSE AND OBJECTIVE
The Rise shall provide limited access to a designated area on its property for the City
and its contractors to set up and launch Fireworks. The Rise shall not be responsible for
any other aspects of the 2025 Fourth of July celebrations.
SECTION 3. ROLES AND RESPONSIBILITIES
3.1 City of Cupertino.
3.1.1 Funding, Permitting, and Management. The City shall be solely responsible for
obtaining all necessary permits and approvals required by law concerning or related to
the Fireworks and the access granted herein. The City shall fund and manage the event,
including any feasibility assessments, coordination with public safety agencies, and
providing all legally-required and reasonably necessary safety precautions.
3.1.2 Vendor Management and Insurance. The City shall contract directly with all
pyrotechnics and other vendors related to the Fireworks and ensure that each vendor
maintains insurance meeting all requirements in Exhibit A. The City shall ensure The
Rise and Contractor are named as additional insureds as provided in Exhibit A.
During and following the event, the City and the City’s vendors shall maintain and leave
the Property in the same or better condition as found at the time of commencement of
their access to the Property, throughout Fireworks activities on the Property, and through
and including complete departure and removal of all refuse, materials, and equipment
from the property. City and City’s vendors shall be liable to The Rise and Contractor for
any claims, loss, or damage to real or personal property located on or about the Property
arising out of or related to the event or the Fireworks. City agrees that it shall be liable to
The Rise and Contractor for all loss or damage incurred by The Rise and/or Contractor
incurred to clean the Property and/or remedy any damage to real or personal property
located on or about the Property arising out of or related to the event or the Fireworks.
The City shall be responsible for and respond to all complaints of persons in the vicinity
of the Fireworks arising out of or relating to the event and/or the Fireworks.
3.1.3 Public Communication. The City shall be responsible for all promotion and public
communication related to the event and shall ensure no communication implies a
partnership or endorsement by The Rise.
3.2 The Rise
3.2.1 Limited Site Access. The Rise shall allow the City and its designated contractors
conditional access to a specific portion of its property identified on Exhibit B to serve as
the launch zone for the fireworks. Such access shall be coordinated with and approved
by The Rise and Contractor and shall not interfere with active construction operations or
contractual obligations. The City and its designated contractors shall have access for the
Fireworks only during the hours starting at __________ on July _, 2025 and ending at
noon on July 5, 2025.
3.2.2 No Further Involvement. The Rise shall not assume any responsibility for event
planning, funding, permitting, promotion, security, insurance, indemnity, defense, or
vendor coordination.
3.2.3 Limitation of Liability. The Rise and the Contractor shall not be responsible for and
shall not participate in the performance of the event or the Fireworks on the Property.
The Rise and Contractor shall not be responsible for supervising, overseeing, or
inspecting the activities of the City or any vendor of the City. The Rise and the
Contractor shall not be responsible for compliance by the City or any vendor of the City
with any code, ordinance, regulation, or any other law applicable to the event or the
Fireworks.
The Rise and the Contractor shall not be liable to City, or to anyone who may claim any
right due to a relationship with the City, for any acts, errors, or omissions by The Rise or
Contractor in connection with the event or the Fireworks except to the extent found by a
court of law to have been caused by the gross negligence or willful misconduct of The
Rise or Contractor.
3.3 Construction Coordination
The City acknowledges that the Property is an active construction zone governed by a
construction contract with the Contractor. The City agrees to coordinate all event-related
access with The Rise and Contractor, adhere to site rules and safety protocols, and
avoid any actions that may interfere with ongoing work of Contractor or contract
obligations between The Rise and Contractor. The City shall and shall cause its vendors
to indemnify, defend, and hold harmless The Rise and Contractor from any disruption,
liability, or claims arising from City activities related to the Fireworks and the event.
SECTION 4. TERMS AND CONDITIONS
4.1 Duration. This MOU shall be effective upon signature and the City’s right of access
shall terminate at noon on July 5, 2025, unless earlier terminated pursuant to Section
4.7.
4.2 Indemnity. To the fullest extent permitted by California law, The City shall release,
defend, indemnify and hold harmless The Rise, Contractor, and their affiliates,
subsidiaries, directors, officers, employees, and agents of such companies (collectively
“Indemnified Parties") against any bodily injury, property damage or personal and
advertising injury loss, damage, claim, suit, liability, judgment, and expense (including
but not limited to attorneys' fees, and other costs of litigation), and any liens, penalties,
or assessments, arising out of or related to use of the Property, or anyone for whom the
City is directly or indirectly responsible. This indemnity obligation shall be applicable
against the City with respect to any use of the Property by its parent, affiliates,
subsidiaries, subcontractors, and agents, and each of their employees and agents or
anyone for whom they are directly or indirectly responsible. However, this section shall
not apply to the extent of the sole negligence or willful misconduct of an Indemnified
Party seeking to enforce the provisions of this section.
4.3 Notices. Notices regarding this MOU shall be provided in writing to:
- City of Cupertino: Office of the City Manager, 10300 Torre Ave., Cupertino, CA 95014
- The Rise: Reed Moulds, 2600 El Camino Real Suite #410, Palo Alto, CA 94026
4.4 Governing Law. This MOU shall be governed by the laws of the State of California.
Disputes shall be filed with the Superior Court of Santa Clara County.
4.5 Entire Agreement. This MOU represents the full agreement between the Parties and
supersedes any prior oral or written agreements. Any amendments must be in writing
and signed by both Parties.
4.6 Severability. If any provision of this MOU is held to be invalid, the remaining
provisions shall remain in effect.
4.7 Termination. Either Party may terminate this MOU at any time with written notice,
however, any obligations created herein that extend to a specified date shall remain in
full force and effect despite and following any termination.
IN WITNESS WHEREOF, the Parties have executed this MOU:
CITY OF CUPERTINO
By: ____________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
THE RISE
By: ____________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
EXHIBIT A
INSURANCE REQUIREMENTS
[THE RISE TO PROVIDE]
EXHIBIT B
DEPICTION OF LAUNCH ZONE FOR FIREWORKS