October 17, 2005

What's Going On at PCM ?

From: Kevin Burnett [mailto:kjbman@hotmail.com]
Sent: Sunday, October 16, 2005 8:33 AM
To: oscar@oscarknows.com
Subject: what's going on

Oscar, I haven't seen any mail about the resort in a couple of weeks. Please advise--as I'm leaving out of state and won't be back until the first part of Nov. Don't want to come home to find that I have lost everything due to not knowing what was going on. Again I have call other people up there and they are saying the same thing (I don't know what is happening). Again please let us know.  Thank you Kevin Burnett lake view #19.  P.S. I have donated to the cause as well.  Regards, Kevin

From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Sunday, October 16, 2005 10:25 AM
To: 'Kevin Burnett'
Cc: Frank Iwama (frankiwama@gmail.com)
Subject: RE: What's going on..Oscar Braun v.Gale Norton Update (10/17/05)

Hi Kevin,

On October 12, 2005 , the U.S. District Court issued a Reassignment Order for  Case Number CV 05-03777 BZ to the Case Title: “Oscar Braun v. Gale Norton: It is ordered that this case is reassigned to the San Francisco division. Honorable Martin J. Jenkins for all further proceedings.  Counsel are instructed that all future filings shall be the initials MJJ immediately after the case number.  ALL MATTERS PRESENTLY SCHEDULED FOR HEARING ARE VACATED AND SHOULD BE RENOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THE CASE HAS BEEN REASIGNED.”

What does this Judge Re-assignment mean?  First of all, it means that the Case Management Conference set for February 6, 2006 at 4 p.m. is hereby VACATED (canceled).   Secondly, it is unlikely that the first Case Management Conference with Judge Martin J. Jenkins will happen until AFTER February 6, 2006.  The U.S. District Courts are very busy and our case will move slowly through the judicial process starting probably during the second quarter of 2006. Therefore, there is little to no news to report to the Permittees at Lake Berryessa.

Please Note: I want to point out to ALL Pleasure Cove Marina Permittees that Terry Sparkman has notified Frank Iwama ( see below) that their BOR/PCM Concessionaire contact does not provide PCM the right to collect monthly space and moorage fees after November 1, 2005. Therefore, it is Andrea and my intention NOT to continue paying PCM any fees beyond November 1, 2005.  Why?  Because we want ALL Permittees  to continue to be in complete compliance with the BOR/PCM Concessionaire agreement dated June 1, 2005. 

Warmest Regards,
Oscar & Andrea (Andy)

FRANK IWAMA PCM UPDATE (10/7/05)
 
     Based on the conclusion of yesterday's telephone discussion with Terry Sparkman, General Manager, Pleasure Cove Marina, LLC, and the previous communications with Terry Sides, Director of Administration, Forever Resorts, Inc., and Pete Lucero, Park Manager, BOR Lake Berryessa, it is confirmed that Pleasure Cove Marina/Forever Resorts cannot or will not modify the proposed site rental agreement to eliminate BOR's mandate for the termination of permittees private property rights at Pleasure Cove on November 1, 2005.  Pleasure Cove Marina/Forever Resorts' position, according to Mr. Sparkman, is based on the requirements of its interim concession contract with BOR. 
 
      A. Site Rental Payment Issue
 
     As a result of yesterday's development, the issue with respect to the payment of site rental fees is uncertain.  The permittees' settlement proposal for the payment of site rental fees was contingent on the satisfactory resolution of the site rental agreement issue.  It is my understanding that some permittees have been continuing to pay monthly site rental fees while other permittees have withheld payment waiting for the resolution of the the site rental agreement issue.  There are permittees who have expressed concerns regarding advance payments for site rental and moorage fees paid to the previous concessionaire without any credit or refunds following the award of the new interim concession contract to Forever Resorts. BOR has taken the position that the issue regarding the refund of previous advance payments should be addressed with the terminated concessionaire, Pleasure Cove Asset Management Group, LLC/Steve Petty.
 
     Recomendation: It is recommended at this time that subject to further direction each permittee should exercise his/her discretion to either continue paying monthly site rental payments or withold payment until the resolution of the site rental agreement issue.  In any event, permittees should be ready to make payment for site rental fees with short notice into a trust/escrow account or directly to the concessionaire in the event of a negotiated settlement or pursuant to court order.   
 
     B. U.S. District Court Case Status
 
     A complaint for declaratory and injunctive relief was filed with the U.S. District Court, Northern District of California, in San Francisco on September 19, 2005 (Braun v. Norton, et al.,  Case No. C05-3777 BZ).
 
     The case seeks declaratory and injunctive relief asking the court to rule on the legal issue regarding BOR's authority to mandate the permanent termination of long-term permittees' private property rights at Pleasure Cove Marina, Lake Berryessa on November 1, 2005.  The case seeks a preliminary injunction to enjoin BOR's proposed mandated action to maintain the status quo pending the court's determination of the legal issue.  Summons has been served on defendants (Secretary of the Interior Gale Norton, BOR Commissioner John Keys, BOR Mid-Pacific Regional Director Kirk Rogers, BOR Central California Area Manager Michael Finnegan and BOR Lake Berryessa Park Manager Pete Lucero).  The case is pending assignment to a U.S. District Court Judge.
 
     Attached for your background information and to provide you with a chronology of recent events are the contents of  my electronic communications regarding Pleasure Cove Marina/Forever Resorts and BOR Lake Berryessa status issues.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com      
    
  
Pleasure Cove Marina Update (10/6/05)
 
     I received a call today from Terry Sparkman, General Manager, Pleasure Cove Marina, LLC, who informed me that Forever Resorts cannot modify the site rental agreement (i.e. eliminate the November 1, 2005 termination date) because of the requirements of its interim concession contract with BOR. 
 
     I informed Mr. Sparkman that I would relay the message to you and the long-term permittees at Pleasure Cove.  I reiterated the permittees' commitment to make site rental payments and again confirmed the position that permittees will not sign the proposed site rental agreement with the November 1, 2005 termination date.  Mr. Sparkman indicated that he understood the permittees position and commented that Forever Resorts is in a difficult position because of BOR's contractual requirements.  I thanked Mr. Sparkman for his cooperation and informed him that the permittees are willing to meet if the situation warrants further discussions. 
 
Best regards.
 
Frank A. Iwama
 
 
To:Terry Sides, Forever Resorts (10/5/05)
               
Mr. Sides:
 
      This will confirm my discussion with Terry Sparkman, Forever Resorts' General Manger at Pleasure Cove Marina, last week for the purpose of initiating dialogue in the effort to resolve pending issues between the concessionaire and long-term permittees.  This contact was made at the recommendation of Pete Lucero, Park Manager, Bureau of Reclamation, Lake Berryessa Recreation Area. 
 
     I specifically requested Mr. Sparkman to schedule a meeting to address the following issues: 1) arrangement for the payment of site rental payments; and, 2) the signing of an amended site rental agreement without the requirement acknowledging the permanent termination of permitee private property rights on November 1, 2005.  Mr. Sparkman stated that he would contact me after discussing this matter with Forever Resorts' management.  
 
     As of this date, I have not heard from Mr. Sparkman in response to the request for a meeting.   (I do not have Mr. Sparkman's e-mail address.).  Please indicate whether Forever Resorts has any interest in participating in a meeting to amicably resolve pending issues.  Thank you.  Best regards.
 
Frank A. Iwama
 
To: Oscar Braun, CWP (9/30/05) 
 
Oscar,
 
     I had a cordial discussion with Pete Lucero, Park Manager, BOR Lake Berryessa, earlier today to review the status of pending issues at Pleasure Cove Marina.  We did not discuss BOR's November 1, 2005 deadline for the permanent termination of long-term permittees' private property rights since this issue is now the subject of pending litigation filed with the U.S. District Court.  After general discussion, I asked Mr. Lucero whether a meeting with BOR would be helpful to resolve other pending issues, including the issue regarding permittee site rental payments.  Mr. Lucero stated that this issue should be discussed with the concessionaire at Pleasure Cove Marina (Terry Sparkman, General Manager).
 
     I called and left a message for Terry Sparkman at Pleasure Cove Marina, who promptly returned my call.  I explained to Mr. Sparkman that Oscar Braun, CWP, had requested me to schedule a meeting early next week to discuss pending issues as recommended by Mr. Lucero.  I explained that the issue regarding BOR's November 1, 2005 termination deadline is before the Federal Court but that the permittees and Forever Resorts (dba Pleasure Cove Marina, LLC) may be able to amicably resolve other pending issues, including issues relating to the payment of site rental payments and the execution of a modified site rental agreement without BOR's November 1, 2005 termination deadline.  Mr. Sparkman was, understandably,  receptive to my comments regarding arrangements for the payment of site rental payments.  However, he had concerns whether Forever Resorts would be able to modify the site rental agreement to delete the November 1, 2005 termination date because of legal requirements in the interim contract with BOR.  I made it clear to Mr. Sparkman that the long-term permittees would not sign any site rental agreement with the requirement for the termination date of November 1, 2005. 
 
     In closing, I reiterated that CWP was willing to schedule a meeting early next week at Pleasure Cove Marina for the purpose of resolving the site rental agreement and payments issues.  Mr. Sparkman stated that he will discuss this matter with Forever Resorts' management and get back to me as soon as possible.  I thanked him for his cooperation.
 
Frank A. Iwama