CC 06-09-05
CUPERJINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
June 9, 2005
ROLL CALL
At 4:00 p.m. Mayor Kwok called the meeting to order in the Meeting Room 100, 10350 Torre
Avenue, Cupertino, California.
City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and
Council members, Dolly Sandoval, and Kris Wang. Council members absent: Sandra James.
Staff present: City Manager David Knapp, City Attorney Charles Kilian, Parks and Recreation
Director Therese Smith; City Clerk Kimberly Smith; and Public Infonnation Officer Rick Kitson
(4:50 p.m.)
ORAL COMMUNICATIONS - None
PUBLIC COMMENTS REGARDING CLOSED SESSION - None
CLOSED SESSION
1. Pending litigation - Government Code Section 54956.9(a), Citv of Cupertino vs. Ole
Rasmussen, consultation with the City Attorney, the City Manager, and the Director of
Parks and Recreation. (No documentation in packet)
At 4:01 p.m. Council went into closed session on this item, and reconvened in open
session at 5:10 p.m. City Attorney Charles Kilian announced that the City Council had
unanimously agreed to accept a settlement. He said the conditions of the settlement
include (I) The case is dismissed with prejudice; (2) All claims are released; (3) Each
party is to bear their own court costs; (4) The new owner is to take over when escrow
closes; (5) The business will close at II :00 p.m. immediately; (6) The rent is temporarily
reduced by the City by $2917 per month for one year; (7) Mr. Rasmussen has agreed to
contribute $15,000 toward further rent reductions; and (8) The settlement is acceptable
only if Mr. Tsachres closes escrow on the Blue Pheasant Restaurant.
ADJOURNMENT
At 5: 12 p.m. the meeting was adjourned.