February 10, 2006
Archives
PCM Lake Berryessa Redevelopment Settlement Offer
From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Friday, February 10, 2006 9:58 AM
To: Terry Sides (TSides@Foreverresorts.com)
Cc: Frank Iwama (frankiwama@gmail.com)
Subject: PCM Redevelopment Settlement Terms
Importance: High
Good Morning Terry Sides and Frank Iwama Esq.,
Yesterday afternoon I called Pleasure Cove Marina (PCM) General Manager Terry Sparkman to notify him that ALL remaining PCM Permittees will be paying a $225. monthly mobile home space rental fees beginning March 1, 2006. Terry was out of the office and Amy said that she would ask him to return my call. About a half hour later, I received a call from Forever Resorts in-house attorney. Your attorney instructed me to write you Terry and spell out what our intentions on moving forward with the 1200 other appropriate use long term Lake Berryessa mobile home Permittees. I have inserted below in this email for your review a portion of the January 7th Pebble newsletter that clearly states our intention to sell ALL our appropriate use long term Lake Berryessa vacation mobile homes to Forever Resorts at current fair market value. In the interim, ALL PCM long term mobile home owners, will in good faith continue to pay $225. per month space rental fee beginning March 1, 2006 until escrow closes on Forever Resorts redevelopment purchase of our individual vacation homes. On behalf of ALL PCM mobile home owners, we sincerely wish Forever Resorts great success in their Lake Berryessa redevelopment vision venture.
Warmest Regards, Oscar
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From the February 7th Pebble Email
Where Do We Go From Here?
Thank you for your thorough report on the current status of Braun v. Norton. I thought I'd share with you and our friends and neighbors at Pleasure Cove what Andy’s and my “where do we go from here Action Plan”. We plan on writing PCM general manager Terry Sparkman a letter offering to sell ALL long term vacation mobile homes and private docks still remaining at their now totally blighted Pleasure Cove Marina LLC (PCM) at 2006 full market replacement value. Each long term vacation mobile home owner will negotiate their own selling price. Each mobile home owners will vacate their vacation homes within thirty days of close of escrow on the sale of their long term vacation home and dock. ALL long term mobile home owner PCM Permittees, starting on March 1, 2006, will begin paying a nominal PCM interim monthly rental space fee of $225. dollars until the title for their mobile home and dock have been lawfully transferred to Pleasure Cove Marina LLC. That is our Action Plan neighbors. We will of course publish our exclusive PCM offer to sell letter to Terry Sparkman in the Pebble the same day we transmit the letter via email and U.S. Postal Service.
Final Braun v. Norton Plaintiffs Legal Action Fund Billing
We have reviewed all the CWP legal fees and cost paid and accrued in our Braun v. Norton U.S. District Court battle and we currently have a remaining unpaid balance total of $29,012.50 with Frank Iwama and the San Francisco Civil Rights law firm of Minami, Lew & Tamaki LLC . We are requesting that each Braun v. Norton Co-Plaintiff send the CWP their FINAL Legal Action Fund assessment of $900. dollar by March 1, 2006. Please make the checks out to: CWP Legal Action Fund, and mail to: California Watershed Posse, 1589 Higgins Canyon Road, Half Moon Bay, CA 94019 The CWP will continue to negotiate in good faith with the BORever mob on behalf of ALL Lake Berryessa Permittees por bono…FREE.
Warmest Regards,
Oscar & Andy Braun
Tel: 650-723-3307
Oscar@cwposse.org
Braun v. Norton Report
From: Frank Iwama [mailto:frankiwama@gmail.com]
Sent: Tuesday, February 07, 2006 2:50 AM
To: Oscar Braun
Subject: Braun v. Norton Report
Oscar,
Braun v. Norton Report
After an extensive informal settlement effort during the past several weeks between the parties and counsel, including numerous written and verbal communications, an intensive telephone settlement procedure, and the exchange of BOR/permittee/concessionaire documents, the U.S. District Court issued an order dismissing the Braun's complaint for declaratory relief against defendants (BOR).
A. Background
During the exhaustive informal settlement process, it became evident that BOR was not willing to voluntarily modify or compromise its previous policy decision to order the early termination of Pleasure Cove long-term permittees site agreements and the removal of personal property as mandated in the interim concession contract awarded to the former interim concessionaire, Pleasure Cove Resort Asset Management Group, LLC aka Petty Group. During the previous concession agreement for Pleasure Cove Resort with the late Richard DeLooze, BOR had issued the concessionaire a contract for Pleasure Cove Resort that expired in May 2009 (similar to the seven concession contracts at Lake Berryessa with expiration dates ending in 2008/2009). With Mr. DeLooze's unexpected and untimely death, BOR seized the opportunity to impose the early termination and property removal dates (November 1, 2005/December 15, 2005) as a condition for the award of interim concession contracts; first, to PCRAMG (terminated by BOR on March 28, 2005) and now to Forever Resorts, Inc. dba Pleasure Cove Marina, LLC (effective June 1, 2005). BOR's procedure and the mandate for early termination affecting Pleasure Cove permittees raised legitimate concerns and issues leading to the filing of the Brauns complaint for declaratory relief asking the court to review legal grounds for BOR's action.
B. Pivotal legal question
After engaging in extensive informal settlement process, including the review of the relationship between BOR, concessionaires, and permittees, the pivotal legal issue focused on the question: what permittee site agreement was the applicable document to determine permittee rights at Pleasure Cove? Several pertinent permittee/concessionaire documents were reviewed: 1) Pleasure Cove Resort Annereau/DeLooze "Permit to Use Facilities;" 2) PCRAMG's Addendum Agreements; or 3) Forever Resorts/Pleasure Cove Marina Site Rental Agreement (not signed by the Brauns).
BOR has taken the position that permittees accepted the early termination and removal dates for long-term use at Pleasure Cove by signing PCRAMG's agreements after the award of the interim concession contract following Richard DeLooze's death. The Brauns contend that the PCRAMG's interim agreements are invalid (and thus never became effective) because of BOR's action in terminating PCRAMG's interim concession contract on March 28, 2005 as "null and void." The Brauns also contend that the PCRAMG interim contract was signed under the false pretenses because Steve Petty mislead permittees to sign the document with the assurance that it was only a temporary arrangement until PCRAMG was awarded the permanent concession contract at Pleasure Cove.
The signed PCRAMG agreements with the early termination and removal dates presents difficult legal and evidenciary issues. With this background, the Brauns devoted their effort and resources to an extensive settlement effort to achieve a compromise with BOR. After the submission of several informal settlement proposals and counter-proposals and negotiations, the parties, unfortunately, were not able to reach an amicable settlement. A practical decision was made to avoid multiple legal filings to unnecessarily prolong the legal process required to have the court address a legal question when the signed PCRAMG presented a difficult burden to overcome under applicable law.
C. What is the effect of the court order?
With the dismissal of the complaint, the court, in effect, declined to address the request for declaratory relief to review the legal basis for BOR's action in mandating the early termination of permittees long-term use at Pleasure Cove. This court order does not address issues relating to the permittee eviction process or removal of personal property.
D. Does the court order directly effect the other long-term permittees (beside the Brauns) at Pleasure Cove?
Under court rules and procedures, the answer is no. The court issued its order during the time the Brauns were the only formally named plaintiffs in the Braun v. Norton case. Although the court did grant plaintiffs' motion for leave to amend complaint to add additional plaintiffs, the court's order was issued prior to the time plaintiffs had the opportunity to act to formally join the additional plaintiffs to the pending lawsuit. This means that the additional plaintiffs were not formal parties to the Braun v. Norton case at the time the court order was issued. Although, hypothetically, if other Pleasure Cove permittees were to file separate, independent lawsuits same as the Braun action, a similar court ruling could be anticipated.
E. What is the status of BOR's counter-claims against the Brauns?
In response to the Brauns complaint, BOR filed counter-claims alleging eviction and tresspass theories in the effort to carry out its mandate to terminate Braun's long-term permittee uses at Pleasure Cove. These issues are presently pending before the court as the Brauns have filed a response with the court acknowledging that they will fully cooperate with the court directions with respect to these issues.
As previously noted, the remaining long-term permittees at Pleasure Cove are not bound by BOR's counter-claims against the Brauns. The Brauns, nevertheless, understand that the remaining permittees must continue to be fully updated as to the status of the court case and process for the termination and removal of property issues. Notice and information about current developments will be immedately provided to permittees.
F. The court of public and political opinion
Please remember that this report only addresses the status of the Braun v. Norton lawsuit.
Based on public knowledge and information received from other credible sources, DOI and BOR are currently engaged in an ongoing, heated battle with the public and politicians over long-term use issues at Lake Berryessa, particularly in the effort to adopt a Record of Decision (ROD) for the 2005 Lake Berryessa Visitor Services Plan (VSP). BOR has received considerable criticism in its effort to adopt its preferred alternative - "Alternative B," which would eliminate all long-term uses at Lake Berryessa after the termination of the current concession contracts (2008/2009). There is relaible information from Washington, D.C. that DOI/BOR has been requested by influential members of congress to delay adoption of the ROD for six months.
The Braun v. Norton lawsuit is only the tip of the iceberg and the first battle in the the war at Lake Berryessa. Public pressure may convince DOI/BOR to act reasonably in resolving the long-term permittee issue at Pleasure Cove. There is no public policy, including health and safety issues, that requires BOR to mandate the early termination of long-term permittee uses and removal of personal property at Pleasure Cove.
Please contact me if you have any questions. Best regards.
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com
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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.
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From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Tuesday, February 07, 2006 8:25 AM
To: 'Frank Iwama'
Subject: Where Do We Go From Here? & Final Legal Action Fund Billing.
Frank,
Where Do We Go From Here?
Thank you for your thorough report on the current status of Braun v. Norton. I thought I'd share with you and our friends and neighbors at Pleasure Cove what Andy’s and my “where do we go from here Action Plan”. We plan on writing PCM general manager Terry Sparkman a letter offering to sell ALL long term vacation mobile homes and private docks still remaining at their now totally blighted Pleasure Cove Marina LLC (PCM) at 2006 full market replacement value. Each long term vacation mobile home owner will negotiate their own selling price. Each mobile home owners will vacate their vacation homes within thirty days of close of escrow on the sale of their long term vacation home and dock. ALL long term mobile home owner PCM Permittees, starting on March 1, 2006, will begin paying a nominal PCM interim monthly rental space fee of $225. dollars until the title for their mobile home and dock have been lawfully transferred to Pleasure Cove Marina LLC. That is our Action Plan neighbors. We will of course publish our exclusive PCM offer to sell letter to Terry Sparkman in the Pebble the same day we transmit the letter via email and U.S. Postal Service.
Final Braun v. Norton Plaintiffs Legal Action Fund Billing
We have reviewed all the CWP legal fees and cost paid and accrued in our Braun v. Norton U.S. District Court battle and we currently have a remaining unpaid balance total of $29,012.50 with Frank Iwama and the San Francisco Civil Rights law firm of Minami, Lew & Tamaki LLC . We are requesting that each Braun v. Norton Co-Plaintiff send the CWP their FINAL Legal Action Fund assessment of $900. dollar by March 1, 2006. Please make the checks out to: CWP Legal Action Fund, and mail to: California Watershed Posse, 1589 Higgins Canyon Road, Half Moon Bay, CA 94019 The CWP will continue to negotiate in good faith with the BORever mob on behalf of ALL Lake Berryessa Permittees por bono…FREE.
Warmest Regards,
Oscar & Andy Braun
Tel: 650-723-3307
Oscar@cwposse.org