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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.