September 3, 2005

CWP v. BORever Resorts

Mr. lwama,

I read sparkymoms opinion and understand where she is coming from. I too have written to our head of departments with the same pass the buck response. For example I wrote secretary Gale Norton, who passed the buck down to commissioner Keys, who passed the buck down to Finnegan, and finally passed down the buck to PRIVATE LUCERO.I don't believe he will make any decisions. As far as the media they just seem to take sides on who's Democrat or who's Republican, and how many papers they will sell. I feel that the question everyone would really want to know is do we have a legal fight in court if the decision from the BOR is against us? Please  advise.  Thank you Angelo Marzocco-Task force 7

Hi Angelo,
 
It was great having the opportunity of speaking with you today.  I received both of your forwarded e-mails (re suggestion of sending copies of the Lucero letter to California's Senators and the Governor and sparkymoms opinion).  First, thanks for your hard work, continuing effort and diligence in bringing the unlawful taking of private property rights at Lake Berryessa to the attention of politicians, government officials and the members of the public.
 
I know that it gets very discouraging at times when you are dealing with the "pass-the-buck" mentality of politicians and government officials.  For that very reason, it is more important than ever for Lake Berryessa long-term permittees to stand together and fight as a united and organized group to enlighten public officials at all levels of government (local, state and federal) about BORever's unlawful taking of personal property owned by private stakeholders.  This fight is in the arena of the "court of public opinion."  
 
Although Monday, September 5th is the Labor Day holiday, frankly speaking, I do not expect Pete Lucero, Lake Berryessa Park Manger, to respond in a timely manner to comply with the deadline date in my demand letter.  As of this date, "Private Lucero" has not even had the courtesy of acknowledging the receipt of my letter, which was sent via facsimile with a confirming delivery receipt and as an attachment to a follow-up e-mail.  Based on my previous experiences with BOR, the standard policy line is:  "Ignore bad news, hope that the problem will go away and pray that the people will give up the fight,"  i.e., the ostrich syndrome ("Stick your head in the sand and be oblivious to the immediate problem at hand.").  For your information, Wednesday, September 7th is the deadline date for the Department of the Interior to respond to CWP's appeal for a fee waiver under the Freedom of Information Act (FOIA) to produce government records and documents relating to concession operations at Lake Berryessa.  (See attachment). 
 
Because time continues to march forward, Oscar Braun, CWP's Executive Director and a long-term permittee at Pleasure Cove, has authorized the initiation of expedited review of available legal alternatives to elevate the fight against BORever to the courts.  In answer to your question, based on the applicable law and the available documented facts in the case a decision to elevate the fight to a "court of law" is worthy of serious consideration. Angelo, the CWP number one priority is to pursue both criminal prosecution and civil remedies on behalf of all Pleasure Cove Marina Permittees against BORever employees as individuals.  The CWP has provided the BORever gang with a Draft #1  Permittee Space Rental  Agreement that is in conformance with the 1992 RAMP ( aka Master Plan for Lake Berryessa Mobile Home Park Concessions). The CWP will also file a Writ of Mandate if the BOR attempts to approve a Lake Berryessa VSP FEIS.  
 
Remember: BOR's deadline date of November 1 for the unlawful removal of personal property owned by private long-term permittees at Pleasure Cove Resort/Marina is now only 59 days away and counting.  In the words of the famous Japanese samurai warrior Miyamoto Musashi: "There is timing in everything.  Timing in strategy must be executed precisely to win the battle."  ["A Book of Five Rings," The Classic Guide to Strategy. (circa 1645)].
 
The continuing assistance and support of long-term permittees like yourself and other dedicated and concerned parties are critical to winning the battle at Lake Berryessa.  Best wishes for a safe Labor Day Holiday weekend.   
 
Best regards.  
 
Frank A. Iwama ( Read Frank's Bio)
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com