BOOK 21_1946-09-23 to 1948-08-09

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113 City Attorney McCarthy advised that Mr. Charles Hogan had filled in a drainage ditch which was outside of his property and in the street on Alameda de las Pulgas near Blandford Street. This is not allowing the drainage to be carried away and will cause damage to property on Woodsworth Street. The Hogans claim that their attorney 1 i advised them that the ditch would not have to be opened. It was the opinion of the City Attorney that the Hogans would have to open the ditch at their expense and if II+ they did not the city could have it reopened and assess the cost against them. Their !` attorney maintains that the ditch denied them ingress•and egress to their property. Mr. Hogan had appeared at a Council meeting some months ago but the minutes do not ' shops that the Council granted them permission to close the ditch and the former assistant city engineer denies that he had told them they could do.so. City Manager Blom advised that Mr. and Mrs. Hogan had requested grades for their driveway and sidewalk but that the driveway was put in before the grade was established and had to be torn out inasmuch as it did not meet the grade of the sidewalk. Councilman Granger asked for a written opinion of the City Attorney that the city has the right to open the ditch. City Attorney McCarthy stated he would not guarantee that the city is free from any liability if it opens the ditch. He stated there was a pos- sibility that there might be some damage by denying the right of ingress and egress to the property. City Manager Blom advised that Mr. Hogan was advised that he could get access to his property by building a pipe the length of the ditch and covering the ditch. City Attorney McCarthy stated that it was his opinion after studying the law that the city'has the right to open the ditch and charge the cost _ to the person who closed it but that he would not guarantee there would be no damage, claim. Councilman McNulty moved, seconded by Councilman Werder, that the City Mana- ger notify the property owners, Mr. and Mrs. Charles Hogan, by registered mail or t. by delivery by a police officer that the work of reopening the drainage ditch must ft be completed one week from this date and if not done the City Manager will have the ii work completed and the cost charged against the owners. Motion passed unanimously. if City Attorney McCarthy advised that Thomas Callan had originally owned three lots, one j at the corner of Roosevelt and Valota and two within the Hudson Street Assessment !j District, Lots 27, 28, Block 2, Redwood Oaks. Taxes and bond delinquencies in the amount of 01359 against the first lot and $930 against the other two were allowed to stand beyond the four year period allowed for the bonds under the 1911 Act. The lots have been purchased from the County and the County and State taxes paid but fr the city taxes and bond delinquencies have never been paid. Mr. Callan is,insti- �r� tuting a suit to,quiet title to the lots and the City Attorney recommended that the IiL1113{+ , city enter a suit in partition so that the city might be able to recognize something on the bond delinquencies. Under the suit in partition, the court can order the .; property sold for the common owners. Councilman Werder moved, seconded by Council- man Swift, that the City Attorney be authorized to institute a suit in partition as jrecommended by him. Motion passed unanimously. d I City Manager Blom advised that in the last budget for the Fire Department the Chief had submitted some items for the improvement of the fire alarm system. These items are fprovided for in the bond program and that he had published a notice to bidders calling ffor bids for these items. Councilman Britschgi moved, seconded by Councilman Swift, j that the City Manager be authorized to advertise for bids for fire alarm equipment �E Eel