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hear more from the property owner before taking action. She felt the Marque has been the exception to the rule. Ms. Michelotti disagreed. There have been problems with prior tenants. She felt this was a perfect opportunity to deal with this area. Mayor Pico indicated there will be no change to the use of the Marque between now and the end of November. He had hoped they could more effectively police themselves. He is not interested in giving the club owner or his attorney an opportunity to obtain revenue from the City of Pleasanton or for the City to incur costs to defend a lawsuit. He believed it was better to wait until this use leaves the premises and there is no issue with the existing tenant. The landlord is aware of the City's issues and concerns and he felt that could be dealt with in the future. Ms. Michelotti reiterated her belief that the issue can be dealt with separate from the Marque. Mr. Campbell asked if the two issues can be separated legally. Mr. Roush said that was possible and Council could revoke the conditional use permit on a certain date. The difficulty is that it is not absolutely certain that the Marque will close on November 30. If the business is still ongoing and Council has revoked the conditional use permit, the City will have to defend itself in a lawsuit. He felt it would be more useful to talk to the property owner. Ms. Michelotti asked when the status report would come back to Council. She asked for more information on the property owner and the intentions for the future of this property. Ms. McKeehan said staff has planned to bring it back in November. CITY COUNCIL CALENDAR No action was required or taken. 9. CLOSED SESSION Council adjourned to a closed session at ! 1:45 p.m. to confer with legal counsel regarding the pending claim of Kathy Sitzmann. Pleasanton City Council 28 10/01/02 Minutes