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Item Nos. 1 and 2 (continued) Chief Building Official Malkemus, Chester Lebsack and John Doolittle were sworn by City Clerk Hildebrand for the purpose of giving testimony with regard to the subject public hearings. Upon the recommendation of Mr. Malkemus, with the concurrence of City Attorney Schricker, and there being no objection, Mayor Britschgi ordered that the two subject public hearings be conducted simultaneously, since the properties have the same owner, Thomas and Rosalie Davies. Mr. Malkemus presented the reports regarding both proposed nuisance abatements, described the nuisances existing on the properties and circulated photographs of them. Mayor Britschgi declared the public hearing open at 7 :43 p.m. John Doolittle, partner in E1 Camino Development Company, 401 San Domingo Way, Los Altos, stated his firm is in the process of purchasing the properties and expects the closing date to be soon. Mr. Doolittle said he has discussed demolition of the buildings and plans commercial development of the property. He asked that the hearings be continued to allow 30 days from the date of closing for abatement. Chet Lebsack, 525 Marshall Street, attorney representing Tom and Rosalie Davies, owners of the properties, confirmed that there is a signed agreement with Mr. Doolittle for purchase of the property with an outside closing date of December 2, 1985. Mr. Lebsack said that notice to move has been given to all tenants and only one remains at this time. He requested 45 to 60 days to abate the nuisances, noting that if the proposed resolutions are adopted tonight, they will allow only 30 days, so he is asking for a 30 -day continuance. Mr. Schricker advised that change of ownership of the property is a private matter and immaterial to the proceedings, if a nuisance is determined to exist. He suggested Council could adopt the resolutions, if they find nuisances exist and could then strongly recommend to the Building Official that he not act in arranging for demolition of the buildings until 45 days from adoption instead of the usual 30 days, noting that much discretion is permissible. In response to question, Mr. Malkemus said that such direction would be acceptable, since he would have to wait until the 30 -day abatement period expired before he could make arrangements for demolition bids, evaluate them and order demolition, all of which would take about two weeks in any case. In further response to question, Mr. Malkemus said that he will contact the Pacific Gas & Electric Company with regard to the hazards presented by the improper gas hookup now existing at 3 -9 Diller Street and noted also that there is no reason to delay cleanup of the grounds at both properties. MEMO 11/8/85 Reg.Mtg. 11/4/85 Page 2 MINUTE BOOK NO. 46 Page NO. 90