HomeMy WebLinkAboutAgenda Report - September 15, 1993 PHCITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing Regarding Weed Abatement Proceedings Involving Three
Parcels Within the City of Lodi to Allow Property Owners Having
Objections to the Proposed Removal of Weeds to Be Heard and Given Due
Consideration
MEETING DATE: September 15, 1993
PREPARED BY: City Clerk
RECOMMENDED ACTION: That following the public hearing and receipt of public
testimony, the Council adopt the attached resolution 93-118
Resolution Overruling Objections and Proceeding with Abatement
(see Exhibit A attached).
BACKGROUND INFORMATION: At the City Council meeting of September 1, 1993 the Lodi
City Council adopted Resolution No. 93-109 - Resolution
Declaring Weeds a Public Nuisance and Initiating Abatement
Proceedings On Various Parcels throughout the City.
Pursuant to State of California Government Code Section 39500 et seq., a Notice to
Destroy Weads and Remove Rubbish, Refuse, and Dirt, was published, mailed under
Declaration of Mailing to each of the involved property owners, and posted on the
subject properties as determined by the City Attorney and the Fire Inspector. The
purpose of this public hearing is for property'owne:s having any'objections to the
proposed abatement to be heard and given due consideration.
Following the public hearing and receipt of public testimony regarding the matter,
it would be in order for the Council to adopt the attached resolution - Resolution
Overruling Objections and Proceeding with Abatement (see Exhibit A attached).
FUNDING: None required.
J4rni.fer7 , Perrin
City Cie-rk
V9EDS#02/TXTA.02J/WEEDS
or
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APPROVED. iJ
THOMAS A. PETERSON recycled paper
City Manager
RESOLUTION NO. 93-118
RESOLUTION OVERRULING OBJECTIONS AND PROCEEDING WITH ABATEMENT
BEFORE THE CITY COUNCIL OF THE CITY OF LODI IN THE MATTER OF
WEED ABATEMENT PROCEEDINGS
Overruling Objections and
Determining to Proceed with RESOLUTION X-0. 93-118
Abatement
The City Council adopted Resolution No. 93-109 on September
1, 1993, which by its terms the Council elected to proceed under
Government Code sections 39501-39588 and did declare as a public
nuisance all weeds growing upon streets, sidewalks and private
property in the City and all rubbish, refuse and dirt upon parkways,
sidewalks and private property in the City; and
A public hearing was held on September 15, 1993 and no
objections to the proposed removal o seeds, rubbish, refuse and dirt
were made or presented either in writing or orally;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS
FOLLOWS:
(1) On September 1, 1993, the City Council elected to
proceed under Government Code Sections 39501-39588 and did declare as
a public nuisance all weeds growing upon the streets, sidewalks and
private property in the city and all rubbish, refuse and dirt upon
parkways, sidewalks and private property in the city, all as more
particularly described in Resolution No. 93-109, adopted September 1,
1993.
;2) The Council fixed September 15, 1993 at the hour of
7:00 o'clock p.m., in the City Council Chambers, Carnegie Forum, 305
West Pine Street, Lodi, as the time and place for hearing all
objections to the proposal of removal of weeds, rubbish, refuse and
dirt, and the Director of Public Works was designated as the person
to perform the duties icposed by Government Code Sections 39560-39588
upon the Superintendent, and he did prepare notices to destroy weeds
and remove rubbish, refuse and dirt and did in the time and manner
prescribed by law cause copies of the notice to be conspicuously
posted on or in front of the property where the nuisance exists; the
City did mail written notice of the proposed abatement to all persons
owning property described in Resolution No. 93-109 in the time, form
and manner prescribed by law.
(3) The City Council did hold a public hearing on
September 15, 1993, and no objc.:cions, either written or oral to the
propcsed removal of weeds, rubbish, refuse and dirt were presented
and the hearing was closed on September 15, 1993.
(4) The Superintendent is ordered to abate the nuisance
declared by Resolution No. 93-109 by having the weeds, rubbish,
refuse and dirt removed and for this purpose, on those parcels shown
on the attached exhibit (Exhibit A), the Superintendent may enter
upon private property to abate . the nuisance. Before the
Superintendent arrives, any property owner may remove the weeds,
rubbish, refuse and dirt at his/her own expense.
(S) The Superintendent or the contractor awarded the work,
as the case may be, shall keep an account of the cost of abatement in
front of or on each separate parcel of land where the work is done
and shall submit to the council for consideration, hearing of
objections, modification and confirmation, an itemized wr-tten report
showing this cost, all as more particularly prescribed by Government
Code section 39574.
Adopted' by the City Council of the City of, Lodi on
September 15, 1993 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent. Council Members -
Attest:
JENNIFER M. PERRIN
City Clerk
RES93118/TXTA.OIV
DECLARATION OF POSTING
On September 8, 1993, in the City of Lodi, San Joaquin County,
California, I, Michael Tecklenburg, Fire Fighter of the City of
Lodi, served a copy of the attached notice by posting a copy upon
all premises listed in Exhibit A.
I declare under penalty of perjury that the foregoing is rue -and
correct. Executed on September 8, 1993, at Lodi ifornia.
Michael Tecklenburg
Fire Fighter
/lh
c:• City Clerk
Fire Marshal
DCLRPS;2.93
Page No. 1
09/08/93
191 E DARRELL & JR WOLTKAMP
1-79.0 25821 N JACKTONE RD
GALT CA 95632
196 FWS CONSTRUCTION PTP
1-87.0 PO BOX 588
LOCKEFORD CA 95237
327 RICHARD LOZANO
2-4.0 PO BOX 824
PALO ALTO CA 94302-824
EXHIBIT A
A.P.N.: 049-190-27
66 COMMERCE STREET
A.P.N.: 049-190-35
89 GUILD AVENUE
A.P.N.: 047-210-26
610 S WASHINGTON ST
NOTICE TO
DESTROY AND REMOVE..
WEEDS,* •
BISH, REFUSE
Public Hearing set for SEP 1.5 t.93
Date
On Order of The
City of Lodi
Fire Department
Under authorization of
Title 4 Goverment Code
Sec 39501
Parcel 'dumber Lot Number
DECLARATION OF MAILING,
On September 3, 1993 in the City of Lodi, San Joaquin County, California,
I deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 3, 2993, at Lodi, California.
nnife Perrin
City Clerk
Peggy Nicolini
Deputy City Clerk
DEC#01/TXTA.FRM
OF CITY OF L!OJDICARNEGIE FORUM
V305 West Piae Street. Lo
..OTICE OF PUBLIC
Date: September 15, 1993
Time: 7:00 P.M.
For information regarding this Public Hearing
Please Contact:
Jennifer M. Perrin
City Clerk
Telephone: 333.6702
NOTICE OF PUBLIC HEARING
September 15, 1993
NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:00 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a} Resolution declaring weeds a public nuisance and initiating
abatement proceedings on three parcels within the City of Lodi
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in
this notice or in written correspondenne delivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
Shn'Eer�.rrin
City Clerk
Dated: Septe=her 1, 1993
A�Q as form ,
Bobby W. McNatt
City Attorney
CITY OF LODI
221 WEST PINE STREET
LODI, CALIFORNIA 95240
NOTICE TO DESTROY WEEDS
AND REMOVE RUBBISH, REFUSE AND DIRT
E DARRELL & J R WOLTKAMP
25821 N JACKTONE RD
GALT CA 95632
Dear Property Owner:
RE: 66 COMMERCE STREET, LODI
PARCEL #049-190-27
Notice is hereby given that on the 1st day of September, 1993,
the City Council of the City of Lodi passed a resolution (Resolution
No. 93-109) declaring that noxious or dangerous '..eeds were growing
upon or in front of the property on this street, and that rubbish,
refuse and dirt were upon or in front of property on this street, and
more particularly described in the resolution, and that they
constitute a public nuisance which must be abated by the removal of
the weeds, rubbish, refuse and dirt. Otherwise, they will be removed
and the nuisance abated by the city and the cost of removal assessed
upon the land from or in front of which the weeds, rubbish, re..use an.
dirt are removed and vill constitute a lien t.pen such land until paid
Reference is hereby made to the resolution for further particulars.
copy of said resoluriun is on file in the of':ice of the City Clerk,
221 West rine Street, Ladi, California.
As of the above date, your parcel contained an excessive amount
of weeds. If you have any questions concerning this notice, please
contact the Lodi Fire Prevention Bureau by calling (209) 333-6739.
All property owners having any objections to the proposed remova
of the weeds, rubbish, refuse and dirt are hereby notified to atte.id
meeting of the City Council of the City of Lodi to be held at the
Carnegie Forum, 350 Fest Pine Street, Lodi, California, on
September 15, 1993, at the hour of 7:00 o'clock p.m. when their
objections will be heard and given due consideration.
D ted this 3rd day of September, 1993
�
k—L` :`- s
Str et Superintendent
i ctor of Public Works
City of Lodi
By Order of the Lodi City Council
Jennifeek�i<"(Perrin
C=ty Clerk
CITY OF LODI
221 WEST PINE'STREET
LODI, CALIFORNIA 95240
NOTICE TO DESTROY WEEDS
AND REMOVE RUBBISH, REFUSE AND DIRT
FWS CONSTRUCTION PTP
PO BOX 588
LL--CrEFORD CA 95237
Dear Property Owner:
RE: 89 GUILD AVENUE, LOM .
PARCEL #049-190-35
Notice is hereby given that on the 1st day of September, 1993,
the City Council of the City c: Lodi passed a re!.alution (Resolution.
Nd-. 93-109) declaring that noxious or dangerous weeds were growing
upon or in front of the property on this street, and that rubbish,
refuse and dirt were upon or in front of property on this street, and
more particularly described in the resolution, and that they
constitute a public nuisance which must be abated by the removal of
the weeds, rubbish, refuse and dirt. Otherwise, they will be removed
and the nuisance abhted by the city and the cost of removal assessed
upon the land from or in front of which the weeds, rubbish, refuse and
dirt are removed and will constitute a lien upon such land until paid.
Reference is hereby made to the resolution for further particulars. A
copy of said resolution is on file in the office of the City Clerk,
221 West Pine Street, Lodi, California.
As of the above date, your parcel contained an excessive amount
of weeds. If you have any questions concerning this notice, please
contact the Lodi Fire Prevention Bureau by calling (209) 333-6739.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified to attend a
meeting of the City Council of the City of Lodi to be held at the
Carnegie Forum, 350 West Pine Street., Lodi, California, on
September 15, 1993, at the hour of 7:00 o'clock p.m. when their
objections will be heard and given due consideration.
Dated t is 3r ay o September. 19.93
OrDiector
L. Ronsko'
et Superintendent
of Public Works
City of Lodi
By Order of the Lodi City Council
JEnna�e 'Perrin
City Clerk
CITY OF LODI
221 WEST PINE STREET
LODI, CALIFORNIA 95240
NOTICE TO DESTROY WEEDS
AND REMOVE RUBBISH, REFUSE AND DIRT
RICHARD LOZANO
PO BOX 824
PALO ALTO CA 94302-824
Dear Property Owner:
RE: 610 SOUTH WASHI:GTON STET, LODI
PARCEL #047-210-26
Notice is hereby given that on the 1st day of September, 1993,
the City Council of the City of Lodi passed a resolution (Resolution
No. 93-109) declaring that noxious or dangerous weeds were growing
upon or in front of the property on this street, and that rubbish,
refuse and dirt were upon or in front of property on this street, and
more particularly described in the resolution, and that they
constitute a public nuisance which must be abated by the removal of
the weds, rubbish, refuse and dirt. Otherwise, they will be removed
and the nuisance abated by the city and the cost of removal assessed
upon the land from or in front of which the weeds, rubbish, refuse and
dirt are removed and will constitute a lien upon such land until paid.
Reference is hereby made to the resolution for further particulars. A
copy of said r^solution is on file in the office of the City Clerk,
221 West Pine Street, Lodi, California.
As of the above date, your parcel contained an excessive amount
of weeds. If you have any questions concerning this notice, please
contact the Lodi Five Prevention Bureau by calling (209) 333-6739.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified to attend a
meeting of the City Council of the City of Lodi to be held at the
Carnegie Forum, 350 West Pine Street, Lodi, California, on
September 1=, 1993, at the hour of 7:00 o'clock p.m. when their
objections will be heard and given due consideration.
Ded i 3r�CJJday f S-ptember, 1993
-1
G�atcet
L. Rotisko
Superintendent
Director of Public Works
City of Lodi
By Order of *he Lodi City Council
Jef rifer f,T' `Perrin
City Clerk
Page No. 1
08/24/93
191 E DARRELL & JR WOLTKAMP
1-79.0 25821 N JACKTONE RD
GALT CA 9563.
196 FWS CONSTRUCTION PTP
1-87.0 PO BOX 588
LOCKEFORD CA 95,237
327 RICHARD LOZANO
2-4.0 PO BOX 824
PALO ALTO CA 94?02-824
A.,P.N.: 049-190-27
66 COMMERCE STREET
A.F.N.: 049-150-35
89 GUILD AVENUE
A.P.N.: 047-210-26
610 S WASHINGTON ST
DECLARATION OF POSTIN3
On September 20, 1993, in the City of Lodi, San Joaquin County,
California, I, Mark Chamberlain, Engineering Technician Supervisor of
the City of Lodi, served a copy of the attached notice by posting a
copy upon the premises at the alley north of East Lodi Avenue, from
Cherokee Lane to 28J feet west of Cherokee Lane, Lodi, California.
I declare under penalty of perjury that the foregoing is true and
correct. Executed on September 22, 1993, at Lodi, California.
Mark Chamberlain
Engineering Technician Supervisor
/ 1 m
cc: City Clerk-'
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- RESOL=ON NO. 9 3 -1!, .
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DECI.A,C3G AS INTENTION OF THE LODI C --."Y C--UNC:2.
TO STACATs AN exam NORTii OF EAST LOL•I AVM=, FRCM a-MROKEs LANE TO
280 FEET NEST OF CHEROM LANE
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BE IT RESOLVED by the Lodi Ci'./ Co=Cil as follows:
Section 2. It is the intention of the Lodi Ciry Council, acting
is accordance with the provisions of Part 3 of Division 9 of the
Streets and Highways Cade of the State of California, to vacate, close,
and abandon as a public alley the following alley sitrated in the City
of Lodi, Ccumy of. San Scaquin, State of Cal:forsia, more particularly
descibed as follows:
The alley located north of 225 South Cherokee -Lane, as shown on -
Exhibit A attached hereto.
Reserving, however, and excepting from the vacation of said
all the perms^_•at easement and the right therein to construct,
maintain, repair and operate lines for public utilities, both
publicly and privately owned, in, over, and across said alley.
Section 2. �.is matter is hereby referred to the Lodi PI art"
Commission.
Section 3._ NOTICE IS EMRSBY GIVEN that this City Council does
hereby fix WEDNESDAY, OCTOBER 6, 1993 at the hour of 7:00 p.m. in the
City Council Che.mbers, Carnegie Form, Carnegie Forum, 305 west Fine
Street, Lodi, California as the time and place when and where
persons interested in or objecting to the vacation hersid propos- may
appear before this City Council and be heard. -
SeCt= n 4. Upon adoption of this resolution, the Super,— _indent
of Streets shall post, or cause to be posted, notice of such passage
and of the time and place set forth herein for public hearing, in
accordance with and in tie time, form and manner as prescribed by law
for the vacation of streets.
Section: S. This resolution shall be published one time in the
'Lodi News Sentine" a newspaper of general circulation printed and
published in the City of Lodi, said publication to be completed at
least fifteen days priar tO said hearing.
Dated: September 1. 1993
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AES93107/".^C:a.02J
Resolu:.i= go. .3-107
September 1. 1993
Page Two
Z hereby certify that Resolution leo. 93-107 was passed and
adopted by the Lodi City Council in a regular meeting hold September
1. 1993 by the following vote:
Apes: Council Members - Davenport. Mann. Sieglock. Snider
and Peanino (Mayor)
Moss: Council Members bone
Absent: Council Members None
J 'fur Perrin
City Clerk
RES9 3107 / .02i
r _
CITY OF LLD
ODI
WMG OE?ARTM�ti'
ALL EY . AL t .ND0NMENT
DECLARATION Or POSTING
On September 20, 1993, in the City of Lodi, San Joaquin County,
Califprnia, I, Mark Chamberlain, Engineering Technician Supervisor of
the City of Lodi, served a copy of the attached ,notice by posting a
copy upon the premises at the alley west of Washington Street, from
East Vine Street to 150.3 feet north of East Vine Street, Lodi,
California.
I declare under penalty of perjury that the foregoing is true and
correct. Executed on September 22, 1993, at Lodi, California.
Mark Chamberlain
Engirn-e`ering ec nician Supervisor
OF
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cc: City Clerk
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TO i30.3 r=r SOM or suss Vnss STIMSr
ss r2 lessor.V= hf the Lodi Cit? Council as follow:
rt is the intention of the Lodi Cir Council- acc=9
is accordance with the previsions of part 7 of Division ! of the
Se -sees and xigbwys Cods of t•!w hats of Califacnia. cc vacate. Close.
and abandon u a public allay the loting alley
lots=s1 nose ptuated in the City Y
of rods. Coaly a2 sea Sosquia• Cau
described as follows:
-9e Allsp loatsd VWM 0! 245 lase Vias Street. as shown 0n
twit A, attached bareto.
ftsezving, however. and wppring iron the vacation of said
and the right therein to construct,Alley. the permanent Gas--=
Lines emir Dahlia ees. bow
Maintain. rwpa=r and operate al
publscl7 and privat•17 0.ssd. saw over. end =cows .Maia" allsp.
Ste-= :his setter is bessbr reterrvd to the Lodi Wlaonimig
Commission.
s.,..arsi 3_ 11or:C3 :3 ZEMM =won that this City Cowl does
. oC f, L993 at the hour of 7:00 p.m. in the
bsrsby fix mow• Cie rot+aa. Carnegie Fars=•. 30S test Wine
Cry . %,midincil tyliforaia as the tib• and , place ween and where all
strset.:ay to the vacation herein 'proposed any
persons inceresced in 0r �Kate
appear before this City Ccund1 and be beard_
2S=i ,n ppm adoption at this resolution. theeach passage
S1iPerts+e'wdent
of streets sball post• or ewe
es cc be posd. antics at
hearing. in
amid of the time and Place set forth herein !or public
aeeozdance With and in the tine. Sows and seminar car Prescribed by lav
for the vacation of servers.
. =_j _ his resolution sball be published non Lias in the
•Lodi enci=sle. s : at 9-1 ci=culatian printed and
published in the City of Lodi, said publiacicn to be eaMleced at
least fifteen daps prior to said ung.
hated: September 1. 1993
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Resolution so. .s-108
September 1, 1993
Page Two
I hereby certify that Resolution NO. 93-108 .was gassed and
adopted by the Lodi City Council is a regular meeting hold September
1, 1993 by the following vote:
J►pes: Council Members - Davenport, Maar, Sieglock, Snider
and Penaiao (Mayor)
Noss: Council Members - None
Absent: Council Members - None
Qa=,P. Perris
City Clerk
RSS93108/'IT7.02J
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RESOLUTION NO. 93-118
=ssea== a.a¢aexsaxses
RESOLUTION OVERRULING OBJEi:_IONS AND PROCEEDING WITH ABATEMENT
PEFORE THE CITY COUNCIL OF THE CITY OF NODI IN THE MATTER OF
WEED ABATEMENT PROCEEDINGS
sea=xaessxsea.esase.ccas.say.s esasxss��sesseses��ss:=�=..-se.see..e.ess
Overruling Objections :and
Determining to Proceed with RESOLUTION NO. 93-118
Abatement
The City Council adopted Resolution No. 53-109 on September
1, 1993, which '!ry its terms the Council elected to proceed under
Government Code Sections 39501-39588 and did declare as a public
nuisance all weeds growing upon streets, sidewalks and private
property in the City and all rubbish, refuse and dirt upon parkways,
sidewalks and private property in the City; and
A public hearing was held on September 15, 1993 and no
objections to the proposed removal of weeds, rubbish, refuse and dirt
were made or presented either in writing or orally;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS
FOLLOWS:
(1) On September 1, 1993, the City Counzil elected to
proceed under Government Code Sections 39501-39588 and did declare as
a public nuisance all weeds growing upon the streets, sidewalks and
private property in the city and all rsbbish, ref -:se and dirt upon
parkways, sidewalks and private property in the city, all as more
particularly described in Resolution No. 93-109, alopted September 1,
1993.
(2) The Council fixed September 15, 1993 at the hour of
":00 o'clock p.m., in the City Council Chambers, Carnegie Forum, 305
West Pine Street, Lodi, as the time and place for hearing all
objections to the proposal of removal of weeds, rubbish, refuse and
dirt, and the Director of Public Works ::as designated as the person
to perform the duties imposed by Government Code Sections 39550-39588
upon the Superintendent, and he did prepare notices to destroy weeds
and remove rubbish, refuse and dirt and did in the time and manner
prescribed by law cause copies of the notice to be conspicuously
posted on or in front of the property where the nuisance exists; the
City did mail written notice of the proposed abatement to all persons
owning property described in Resolution No. 93-109 in the time, form
and manner prescribed by law.
(3) The City Council did hold a public hearing on
.',-!ptember 15, 1993, and no objections, either written or oral to the
proposed zemoval of weeds, rubbish, refuse and dirt were presented
a;id the hearing was closed on September 15, 1993.
(4) The Superintendent is ordered to abate the nuisance
declared by Resciution No. 93-109 by having the weeds, rubbish,
refuse and dirt removed and for this purpose, on those parcels shown
on the attached exhibit (Exhibit A), the Superintendent may enter
upon private property to abate the nuisance. Before the
Superintendent arrives, any property owner may remove the weeds,
rubbish, refuse and dirt at his/her own expense.
(5) The Superintendent or the contractor awarded the work,
as the case may be, shall keep an account of the cost of abatement in
front of or an each separate parcel of land where the work is done
and shall submit to the Council for consideration, hearing of
objections, modification and confirmation, an itemized written report
showing this cost, all as more particularly prescribed by Government
Code section 39574.
Adopted by the City Council of the City of .Lodi on
September 15, 1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock,
Snider, and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Attest:
J NIFER P�RRIN
City Clerk
RES93118/TXTA.02J
Page No. 1
09/08/93
191 E DARRELL & JR WOLTKAMP
1-79.0 25821 N JACKTONE RD
GALT CA 95632
196 FWS CONSTRUCTION PTP
1-87.0 PO BOX 588
LOCKEFORD CA 95237
327 RICHARD LOZANO
2-4.0 PO BOX 824
PALO ALTO CA 94302-824
K
r EXHIBIT A
A.P.N.: 049-190-27
66 COMMERCE STREET
A.P.N.: 049-190-35
89 GUILD AVENUE
A.P.N.: 047-210-26
610 S WASHINGTON ST