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Novermber 7, 2005

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CWP To Bush's BORever FEIS, "See You In Court & Winters Town Hall Meeting on Nov. 19th, 2005"


From: Frank Iwama [mailto:frankiwama@gmail.com]
Sent: Sunday, November 06, 2005 10:35 PM
To: Oscar & Andrea Braun
Subject: Summary re Grounds for Preliminary Injunction


SUMMARY RE GROUNDS FOR PRELIMINARY INJUNCTION
 
The Braun's complaint for declaratory and injunctive relief is based on BOR's failure to comply with the 1992 EIS RAMP, the guiding management document currently in effect at Lake Berryessa, which provides that long-term exclusive uses will be allowed in the Lake's concession areas.  "Long-term use" is defined as, "The private exclusive use of an area by an individual(s) for an extended period of time.  Blocked travel trailers and mobile homes are examples of long-term use."  (1992 RAMP, Glossary & Abbreviations, pg. xxxiii).  (See generally, BOR's Mid-Pacific Region website: 
 www.usbr.gov/mp/berryessa/docs_forms/index.html  ).  
 
The 1992 Environmental Impact Statement entitled "Lake Berryessa Reservoir Area Management Plan" (RAMP) is the guiding management plan currently in effect at Lake Berryessa (1992 RAMP). (See
http://www.usbr.gov/mp/berryessa/docs_forms/05-1992_final_ramp.pdf  ).  The 1992 RAMP is described by BOR as "a comprehensive land and water use document that establishes development and use priorities for specific areas of Lake Berryessa through the term of the existing concession contracts (2008/2009)."  (See Summary, pg. 17, paragraph 3, footnote 1, Environmental Impact Statement, Visitors Services Program, issued for publication in the Federal Register on November 4, 2005).  This new EIS VSP is in the final review process and no Record of Decision has been issued adopting this statement.  ( http://www.usbr.gov/mp/mp150/envdocs/FESIBerryessaSolanoProj.pdf ).  
 
The Executive Summary of the 1992 RAMP in pertinent part provides: "Continued Long-term Uses - Long -term exclusive uses will be allowed in concession areas.  Current long-term exclusive uses assist in supporting necessary services for the short-term users and low cost public access.  These long-term exclusive uses will be located or relocated in areas that are neither prime shoreline locations that are desirable for short-term uses or conflict with other greater public needs.  Long-term uses will be designed to blend in more effectively with the natural environment." (1992 RAMP, Executive Summary, "The Planning Process and Development of Actions, pg. ix).  There are other statements in the 1992 RAMP, Executive Summary confirming continued long-term exclusive uses, See e.g.: "Mitigation for Socio-economic Impacts," pg. xvi. 
 
The recently published, but not yet adopted,  VSP EIS in the Summary provides under "Description of the Preferred Action, Alternative B," pg. 18, paragraph 3: "This document amends Lake Berryessa's 1992 RAMP, which presently still guides recreation management at the lake.  The proposed action is needed to remedy over four decades of management practice under which prime shoreline areas have been reserved for exclusive long-term trailer site permittees, to the exclusion of the majority of visitors to Lake Berryessa."  The VSP EIS Summary under "Relationship of Action Alternatives to 1992 RAMP," pg. 19, clearly provides: "The terms of the 1992 RAMP specify that it will remain the guiding management document for Lake Berryessa until such time as the existing concession contracts expire or are cancelled.  In the event that one of the alternatives (Alternatives B, C, or D) is selected, implementation would have to be consistent with conditions specified in the RAMP until concession contracts expire in 2008-2009."
 
The foregoing is the general background for the Braun's contention that BOR's action in terminating the long-term permittees at Pleasure Cove at this time (the only resort BOR is taking such action out of seven resorts at the lake) is unlawful and does not comply with the currently effective guiding management plan at Lake Berryessa.  (BOR is using the legal technicality and argument that since the concession operation at Lake Berryessa changed ownership because of the death of a previous concessionaire BOR is entitled to implement the early termination of long-term permittees before the lake-wide 2008-2009 expiration date for all concession agreements.).
 
Frank A. Iwama
 
Confidentiality Notice: This e-mail and any attachments are intended only for the use of the addressee named above and may contain information that is privileged and confidential.  If you are not the intended recipient, any dissemination, distribution, or copying is strictly unauthorized and prohibited.  If you received this e-mail in error, please immediately notify the sender by replying to this e-mail or by telephone (650/591-6200).  Thank you.

BUSH'S BORever BETRAYS THE PEOPLE !

From: PKilkus@aol.com [mailto:PKilkus@aol.com]
Sent: Sunday, November 06, 2005 3:55 PM
To: undisclosed-recipients:
Subject: Lake Berryessa Supporters Betrayed by BOR

Bureau of Reclamation Ignores Public Comments and Pushes Destructive Plan for Lake Berryessa.

The Bureau of Reclamation has released its Final Environmental Impact Statement (FEIS) for Lake Berryessa. It was a rousing disappointment. It continues to promote Alternative B in which all mobile homes will be removed and the resorts completely demolished and rebuilt. It ignored all the opposing public comments, economic analyses, and common sense proposals that were made during the last two years. There is very little difference from the original DEIS released exactly two years ago on Halloween, 2003. It was scary and stupid then, and even more so now, since NONE of the positive economic proposals nor common-sense plans - such as Alternative A+ and the Resort Operators Plan - presented by a broad range of community stakeholders - were incorporated.

The only slight modification to the original was a statement that mobile homes may be phased-out over a period of time or moved to other locations within a resort on an interim basis as the resort is remodeled in the BOR image. The full summary from the FEIS is given at the end of this message.

Another disappointment was the response of our local Congressional representative, Mike Thompson. Mr. Thompson has consistently supported the BOR and ignored pleas from his local constituents, including the people of the Lake Berryessa region and the people and City Council of Winters. Other representatives have apparently felt they fulfilled their obligation to their constituencies by sending staff to the Bureau of Reclamation to inquire about the issue. Apparently that was considered sufficient.

But there is a ray of hope in this black cloud of government abuse of its citizens. Your latest calls, e-mails, and letters, when combined with a formal yet impassioned request from the City Council of the City of Winters to Congressman Richard Pombo, Chair of the House Resources Committee which oversees the BOR, has resulted in Mr. Pombo's agreeing to the City Council's request for a Town Hall Meeting in Winters on November 19, 2005 at 1 P.M. at the Winters High School Gymnasium. The Mayor of Winters will chair the meeting which will include a panel of stakeholders asking pointed questions of the BOR followed by a period for members of the public to ask questions or make statements. Chairman Pombo's staff members will attend this meeting. They will also make a visit to the lake prior to the meeting, in order to be more knowledgeable about the various issues. The announcement for the Winters meeting is also included at the end of this message.
 
Our only hope of influencing the final outcome of the Record of Decision is to have Congress intercede and ask the question - have the purpose and needs of the NEPA process been met? In other words, was this really necessary? And the ONLY way they will know if this has been done is to send representatives to the Winters meeting. Your congressman owes you this much at least (since most of us will lose our vacation homes through this action). Call their offices (both local and in Washington, D.C.) again and DEMAND they send someone. One person, one afternoon is all you’re asking. And remind them you will know if they have complied. We will only get this one shot at getting our side of the story out – you’ve got to help us make it pay off.

The BOR will be holding informational meetings next Saturday, Nov. 12 at resorts around the lake. These meetings are for the BOR to tell you what their plans are. They are meant to answer your questions but are not meant to take formal comments. According to the BOR and NEPA, the minimum 30 day period between release of the FEIS and the final Record of Decision is meant to be a “cooling off” period where all parties may review the final document to make sure there are no substantive errors in it. The NEPA process says that all deliberations are now internal to the BOR as they make a final decision. Although comments will neither modify the process or outcome, they will be attached to the final document as public information.

Pat and Peter

See you Nov. 19th in Winters!

*******************************************
Schedule for BOR Informational Meetings on November 12, 2005:
.
9-10 a.m., Putah Creek Restaurant and Bar, 7600 Knoxville Road
11 a.m. to noon, Rancho Monticello resort, 6590 Knoxville Road
1:30-2:30 p.m., Harbor Cove restaurant at Steele Park resort, 1605 Steele Canyon Road
3:30-4:30 p.m., Markley Cove Store, 7521 Highway 128

Additional meetings are to be scheduled in Napa, Fairfield, Vacaville, Vallejo and Winters.
The FEIS can be viewed at:
www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=41.

***********************************************

From the Final Environmental Impact Statement:

Description of the Preferred Action - Alternative B

The focus at Lake Berryessa would be the development of new facilities and programs to better serve the short-term visitor. This alternative would permanently remove all private long-term exclusive-use trailer sites and provide increased and improved short-term use opportunities. However, potential mitigation measures could include a phase out period that could involve relocation or consolidation of trailers on an interim basis to a less intrusive, fully developed site; actions that could require additional environmental analysis. Lakeshore areas at the resorts would be restored to a more natural setting and public access to those areas would be improved. Reclamation would maintain existing day-use areas and upgrade two vehicle pullouts to improve parking and trailhead access to the reservoir.

As a general framework, additional campsites, picnic areas, and recreational vehicle (RV) sites would be provided, along with customary lodging, houseboat rentals, and food, retail and marina services. A concessionaire would manage the Capell Cove launch ramp and the Camp Berryessa group campground under a fee-for-use system. Reclamation would develop a shoreline trail system and initiate a no-impact boat-in camping program.
Under the proposed action, Reclamation would adopt a reservoir-wide zoning classification system, the Water Recreation Opportunity Spectrum (WROS) to designate appropriate types of recreational uses and use levels for various lake and shoreline areas.

The WROS does not impose numerical restrictions on any particular type of motorized or non-motorized watercraft. The WROS process incorporates adaptive management, therefore monitoring of the land and water use classifications (zones) designated for Lake Berryessa and adapting for appropriate or necessary change will be an ongoing process.

This document amends Lake Berryessa's 1992 RAMP, which presently still guides recreation management at the lake. The proposed action is needed to remedy over four decades of management practice under which prime shoreline areas have been reserved for exclusive long-term trailer site permittees, to the exclusion of the majority of visitors to Lake Berryessa.

A company with expertise in the commercial recreation hospitality industry was contracted to provide an economic feasibility an analysis of the business potential as outlined in Alternative B. That report, prepared by Dornbusch and Associates, is available on the Reclamation Website, www.usbr.gov/mp/berryessa/index.html
“Documents and Forms.” Based upon an analysis of initial “phase I” development, Dornbusch determined that Alternative B is economically feasible and provides a reasonable opportunity for a concessionaire to realize a profit. The economic analysis adopted a conservative approach because Alternative B introduces such significant
transitional changes from current operations. Typically, when calculating business feasibility for the next term of a concession authorization, a major component of the work is projecting the current business. However, the current business will no longer be applicable as all exclusive long-term trailer use will eventually be eliminated and replaced with new facilities and programs that focus on traditional short-term recreation users.

Reclamation will rely on the competitive contracting process to develop and propose business models for recreation management that conform with the framework for concession operations in the VSP EIS preferred alternative and the final Record of Decision (ROD), and produce a fair and reasonable profit for the successful concession contractor.

Reclamation estimates approximately 12 - 20 instances lake-wide where retired elderly people have taken up permanent residence at various resorts. Such residency conflicts entirely with terms and conditions of existing concession contracts and existing use permits. Nevertheless, removal of these individuals from their place of residence, in most cases, could impose a significant hardship on them and/or their primary caretakers. Accordingly, as a potential mitigation measure, Reclamation may accommodate these individuals within Alternative B or any other alternative that requires re-location and/or removal of long-term exclusive use trailers.

*********************************************************************

Stop the Bureau of Reclamation's Destructive Plan for Lake Berryessa!
Attend the Town Hall Meeting in Winters!

TOWN HALL MEETING

1:00 PM SATURDAY, NOV. 19, 2005
WINTERS HIGH SCHOOL GYM
101 Grant Avenue

The Bureau of Reclamation has released its Final EIS for Lake Berryessa. It was a rousing disappointment. It continues to promote Alternative B in which all mobile homes will be removed and the resorts completely demolished and rebuilt. It ignored all the opposing public comments, economic analyses, and common sense proposals that were made during the last two years.

The City of Winters, which will be drastically affected by the BOR proposal, has received the support of Congressman Richard Pombo, Chair of the House Resources Committee, for a Congressional Town Hall Meeting to address the concerns of Winters and the Lake Berryessa community regarding the shortcomings of the plan and the flawed process that created it. Congressional staff representatives will be there to hear us. This will probably be our last chance to affect the outcome.

It is of vital importance that we have an ENORMOUS number of Winters and Lake Berryessa supporters - businesses, residents, and permittees - at this meeting. In no other way can we effectively demonstrate to the congressional representatives how important this issue is for us - and how necessary it is for them to hear the WHOLE story. While the FEIS is unyielding in its determination to remove all long term sites from the lake, only the Record of Decision will define the final plan - and it has not yet been written!

The High School Gym is located just north of Hwy. 128 and County Road 89/Railroad Ave. intersection - the only traffic light in town.

PLEASE BE THERE!

July 26, 2005 PCM Permittees Reply to BORever Mob !

Dear Mr. Sides,
We received your July 20, 2005 letter addressed to “Bonded Mobile Home Site Permittees at Pleasure Cove.”  Your letter stated: “Please find following this cover page the Site Rental Agreement for Permittees who have posted the required bond with the U.S. Bureau of Reclamation.  We request that you complete the Site Rental Agreement by filing in the information as requested, sign and send the Agreement to the address listed below at your earliest convenience for further processing: Pleasure Cove Marina, ATTN: Mr. Terry Sparkman, General Manager, 6100 State Highway 128,  Napa, California 94558-9632.”  The CWP, on behalf of ALL Permittees owning mobile homes at Pleasure Cove Marina, will respond to your request that we complete the Site Rental Agreement.  We Permittees will not recognize your legal standing as the Concessionaire of record at Pleasure Cove Marina until Forever Resorts has provided the following proof of their legal standing:

  01.  The $750,000  Performance and Surety Bond required at the signing of the PCM June 1, 2005 Concessionaire Agreement.

  02.  Proof of title to all the assets ( structures & docks etc ) ceased by the BOR certified by a California Probate Court.

  03.  Certified copy of the waiver by BOR for not completing the new public restroom required by July 1, 2005  in the June 1, 2005 PCM contract.

  04.  Certified copies of all required “local & state” permits for operating a public recreational facility on federal lands in California.

  05.  Pleasure Cove Marina NDPES permits for sewage and water issued by CVRWQCB including a new House Boat discharge permit.

  06.  Forever Resorts re-establishes 24/7 entrance gate security to Pleasure Cove Marina

  07.  Full time on-site maintenance staff for the public restrooms, all septic and water system facilities at Pleasure Cove Marina.

  08.  Certified 2005 fuel docks operator permits by the State of California.

  09.  Certified exemption by CDF regarding PCM speed bumps, signage, camp ground defensible space and fire extinguisher.
 
  10.  Posting of State & Federal Tax id numbers in the PCM  General Store.

Please send the ten (10) requested items stated above at your earliest convenience to the California Watershed Posse, 1589 Higgins Canyon Road, Half Moon Bay, CA. 94019 to the attention of Oscar Braun, Executive Director.  Office # 650-726-3307 Fax # 650-726-2799  email Oscar@CWPosse.org.

Regards,  Oscar Braun  

--------------------------------------------------------------------------------------------------------------------

BORever Resorts Activities at Lake Berryessa… Are They Above The Law?

The BORever expensive four color houseboat rental brochure for their Pleasure Cove Marina states: “ At Forever Resorts, we are fully committed to preserving the natural beauty of the lakes, waterways and shorelines that are home to our houseboats.”  Please note that the BORever brochure states “preserving the natural beauty” and not complying with all local, state or federal laws. The BORever cartel still refuses to provide the public with any proof of title for the rental dock assets ceased at Pleasure Cove or a draft of their proposed new Permittee space rental agreement.  Since June 1, 2005, the CWP has been conducting an on going investigation of the operations at BORever’s Pleasure Cove Marina.  The preliminary findings reveal that the BORever Pleasure Cove Marina operation appears to be a continuation of a racketeering influenced corrupt organization  operated by employees of the Bureau of Reclamation and Forever Resorts of Scottsdale Arizona on federal lands. This past week the CWP email was inundated with complaints from irate Permittees and  weekend  camping guests regarding the public health and safety  at BORever Pleasure Cove Marina.  In this weeks Pebble, CWP’s Oscar and Andrea Braun provides a summary report of their mobile home burglary  in addition to two extensive reports from retired fire Chief Hank Howard regarding current fire and water safety conditions at BORever Pleasure Cove Marina.

SEE YOU IN WINTERS ON

NOV. 19th....BE THERE !