Oscar,
 
Attached is my letter confirming my telephone discussion with Jim Turner, Assistant Solicitor General, this morning regarding issues raised by Pete Lucero's letter dated September 7, 2005 formally advising permittees with trailers and/or personal property at Pleasure Cove Marina to enter into a rental agreement with the concessionaire (Forever Resorts) and to pay any outstanding rent by September 19, 2005.
 
The purpose of my telephone discussions with Pete Lucero last Friday and with Jim Turner today is to satisfy procedural steps necessary to support the filing of application for preliminary injunction or temporary restraining order (TRO) with the court to stay BOR's mandated action for the removal of personal property owned by private stakeholders at Pleasure Cove Resort/Marina on November 1, 2005.  (For the issuance of a TRO, FRCP 65 requires the showing of immediate and irreparable injury, loss, or damage; certification that efforts have been made to give notice and reasons supporting the claim that notice should not be required; and the posting of security in such sum as the court deems proper.).
 
Mr. Turner advised that he was going to discuss the seriousness of the matter with his client, BOR (Peter Lucero and Cleve Duffer), and contact me with his response.  Mr. Turner called late this afternoon but, unfortunately, I missed the call as I was attending a meeting in Palo Alto.  Although I returned the call, I was not able to reach Mr. Turner.  I will contact Mr. Turner early tomorrow morning.  In the meantime, I am proceeding with your instructions for the expedited preparation and filing of the appropriate court action.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com   

----------------------------------------------------------------------------------------------
FRANK A. IWAMA
Attorney at Law
67 Wessex Way
San Carlos, CA 94070-1740
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com

Via Facsimile (916) 978-5694

September 12, 2005

James Turner, Esq.
Assistant Solicitor General
Bureau of Reclamation
Mid-Pacific Region
2800 Cottage Way
Sacramento, CA 95825-1898

Re: Lake Berryessa - Pleasure Cove Marina
Pete Lucero, Park Manager, Letter to Permittees, dated September 7, 2005

Dear Mr. Turner:

Thank you for the opportunity of speaking with you this morning about pending issues relative to Pete Lucero’s letter formally advising permittees with trailers and/or personal property at Lake Berryessa – Pleasure Cove Marina to enter into a rental agreement with the concessionaire, Pleasure Cove Marina, LLC (“Forever Resorts”), and to pay any outstanding rent by September 19, 2005.  Mr. Lucero further advised that refusal or failure to enter into a rental agreement and the payment of accounts can result in denial of access to the federal estate.  (See Lucero letter to permittees, dated September 7, 2005).

This will confirm that the permittees have no issue with paying the correct amount due for refundable security deposit, past months and the current month’s site rental payments, as of the effective date of June 1, 2005.  Permittees are willing to pay site rental payments into a trust/escrow account for distribution to the concessionaire upon the satisfactory resolution of the disputed issue regarding BOR’s deadline date of November 1, 2005 for the removal of personal property owned by private stakeholders at Pleasure Cove Marina. 

As we discussed, the permittees take issue with BOR’s unilateral deadline date of November 1, 2005 for the removal of personal property as mandated in BOR’s interim concession contract with Forever Resorts and the Site Rental Agreement submitted to permittees by Forever Resorts. Mr. Lucero’s letter clearly states that permittees who refuse or fail to enter into the Forever Resorts site rental agreement by the deadline date of  September 19, 2005 could be denied access to Pleasure Cove Marina.

Your urgent cooperation and assistance in providing me with the results of your discussions with Pete Lucero and Cleve Duffer is appreciated.  Time is of the essence since BOR’s deadline date of September 19, 2005 is less than one week away. 

Although it is the last alternative, the permittees have no choice but to seek a court ordered injunction or temporary restraining order to stay BOR’s mandated action to remove personal property owned by private stakeholders at Pleasure Cove Marina on November 1, 2005.  It is my hope that we will be able to resolve this dispute without the involvement of the courts.  Thank you.

Very truly yours,

FRANK A. IWAMA

Enclosures     
     
----------------------------------------------------------------------------------------------

<HAZMATKING@aol.com> 9/11/2005 5:31:30 PM >>>
Mr. Lucero,  I had an opportunity to review a letter you recently sent to permitees at Pleasure Cove Resort (Marina)and with some new demands made by your position at Lake Berryessa. (attached PDF File) My questions are about your legal authority to make these new demands? Are you fronting for Forever Resorts? What is your relationship about leases, rents and deposits and setting another date of compliance September 19, 2005? Is this another unauthorized demand on part of the government or your function?
 
First off you have not had the common decency to answer critical correspondence, faxes, emails and even phone calls from CWP Consul Frank Iwama. When you were in the Special Program Fellowship and they were grooming you at Washington DC, I would have  suspected that you would of kept your professional business above board.  I am a personal friend of Senator Pete Domenici R-NM and I am knowledgeable of the type of functions you preformed as his Liaison. I am shocked at the outcome of your non-responsiveness and lack of candor to your constituents the stakeholders at Lake Berryessa. I can only view this matter to become more complicated and impacted and it affects the entire lake and heading to the Federal Courts for adjudication. As you may know I have requested an IG investigation from Commissioner Keys and Secretary Norton over four major matters: They are as follow:
 
1. Request for revocation and nullification of DEIS
2. Investigation of the management of Franchise Fees for Lake Berryessa
3. Investigation by US Attorney General in Contract awards for DEIS and Pleasure Cove
4. Proof submittal to Secretary of Interior and Commissioner Keys of all Lake Berryessa resorts plans, permits and approvals, inspections, Master Plans for 100% of every trailer layouts, structures and fixed facility, gates, docks. 
 
As you are aware I remain one of the BOR harshest critics of Lake Berryessa management and as such many people have called upon me to be an unofficial self-appointed ombudsman to voice their opinions to you and your staff.
 
The legality of your demand orders is called into question and your failure to answer what your authority to make these decisions about Pleasure Cove are in question and challenged by numerous people not just your critics.My review of your BOR policies and procedures can not surface anything for you to make these statements that back you up in Federal Law. Another major issue is a statement you made on March 28, 2005 as the Park Manager demanding people to obtain a $10,000 bond and submit it to BOR. Under what ruling or federal law did you have the power to make that demand? here was no contract with anyone on that specific date? Did you invent new BOR policy and procedure at your GS-12 level at Lake Berryessa?
 
I have been watching very closely how you are managing the new concessionaire at Pleasure Cove and it does not look like you are performing your function to manage the resort.The major question is why are you not enforcing the contract provisions?  Attached is a letter to Secretary Norton and Commissioner Keys discussing the failure of your function to manage contracts of concessionaires at lake Berryessa
 
HENRY (HANK) HOWARD
700 FLEMING AVE. E.
VALLEJ0, CA 94591
7076458367
HAZMATKING@AOL.COM
-------------------------------------------------------
From: Pedro Pete Lucero [mailto:PLUCERO@mp.usbr.gov]
Sent: Monday, September 12, 2005 8:11 AM
To: HAZMATKING@aol.com
Subject: Re: CONFUSING MESSAGES OUT OF BOR LAKE BERRYESSA

Mr. Howard,
 
Thank you for your comments.  Reclamation had broad authority to administer the federal recreation area as provided in public law.
 
Sincerely,
 
Pete Lucero, Park Manager
Bureau of Reclamation - Lake Berryessa
5520 Knoxville Road
Napa, CA 94558
707-966-2111 x106
707-966-0409 fax
----------------------------------------------------------------------------------------------
From: Frank Iwama [mailto:frankiwama@gmail.com]
Sent: Sunday, September 11, 2005 10:18 PM
To: HAZMATKING@aol.com
Cc: Oscar Braun
Subject: Re: CONFUSING MESSAGES OUT OF BOR LAKE BERRYESSA

Hank,
 
Thanks for your dedicated effort.  Your letter outlines the hard questions and issues that BOR needs to immediately address.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com