>>> "Oscar Braun" <oscar@oscarknows.com> 12/15/2005 8:36:35 AM >>>

Dear Mr. Lucero,

As a concerned long-term permittee, I feel that it is important to maintain accurate communication of the facts, including perceived rumors and innuendos, surrounding current events at Lake Berryessa and particularly at Pleasure Cove Marina (PCM).

As a named party to the pending Braun v. Norton litigation, you have received information that the court has been requested to include additional PCM permittees as named plaintiffs to the lawsuit.  (The attached list is provided in case you have not formally received the information filed with the court as timing is important in this matter.). 

In addition, the permittee plaintiffs have either previously paid rent for the PCM time period in issue (June 1 through October 31) directly to the interim concessionaire, or have made commitments to timely pay past due rents to BOR/PCM (based on the existing confusion as to the proper party(ies) to receive rent payments), or to timely place past due rents in a trust account for PCM and/or BOR/PCM.  Please understand that because some permittees have legitimate offsets or claims against BOR/PCM payments were made with the condition that these issues could be addressed at the appropriate time.      

Recently, many allegations regarding BOR/PCM actions, including rumors and innuendo, have surfaced.  The following BOR actions have been documented:

• BOR's Cleve Duffer in his role as a government official has selectively telephoned one or more PCM permittees and threatened that unless trailers and personal property are removed by BOR's deadline date bonds will be "activated", which will "detrimentally affect the permittee's credit rating."  (Evidence of Mr. Duffer's call is recorded and preserved on a permittee's telephone answer recording device.).  It has been confirmed that Mr. Duffer did not place calls or provide written notices or information to all similarly situated permittees at PCM.  (Some bonding companies have questioned BOR's proposed action and the effective dates, consequences, etc. alleged by BOR/PCM.). 
• BOR has selectively informed some PCM permittees who "appeared to be cooperating by engaging in activities to remove trailers and personal property" will be given more time to comply with BOR's deadline to sometime in Janurary/February without any penalties.  BOR has not provided this information to all similarly situated permittees at PCM. 
• BOR has selectively informed some PCM permittees that unless trailers and personal property are removed by BOR's deadline date action will be immediately taken  to remove and/or demolish permittees' properties.  BOR has not provided this information to all similarly situated permittees at PCM. 
• PCM's Terry Sparkman has selectively informed some PCM permittees that PCM for a fee of $2,000 will demolish trailers and personal property and ensure that bonds will not be called.  PCM has not provided this information to all similarly situated permittees at PCM. 
• PCM has selectively made offers to purchase and has in fact purchased PCM permitees' trailers and personal property at drastically reduced "fire sale" prices under the threat that such properties will be removed and/or demolished pursuant to BOR's orders.  PCM has not provided this information to all similarly situated permittees at PCM.     

As you know, I have been acting in good faith in responsibly letting the court determine the legality of BOR's action in terminating permitee rights at Lake Berryessa.  It is very disturbing to learn that BOR and PCM has continued to engage in the the type of conduct and actions reported by PCM permittees despite the fact that this issue is pending before the court.  What is the rush to judgment when there is no reported time constraint based on health and safety or other legitimate reasons?  Please immediately respond to this communication as I need confirmation that BOR is acting in good faith in this matter.

Oscar Braun

     
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