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Resort contract delay stalls water repairs
Thursday, September 04, 2008
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While residents near the upper reaches of Lake Berryessa face a dilemma caused by costly improvements to failing water and sewage treatment facilities, those who live along the southernmost shores of the lake are also seeing slow progress on water upgrades.

In Berryessa Highlands, a neighborhood of homes on the rugged hills off Steele Canyon Road with views of the lake, plans for a new plant that would provide more fresh water and more efficiently processed wastewater have stalled.
The reason: Delays in contract negotiations between the U.S. Bureau of Reclamation and the resort company set to run nearby Steele Park Resort and four other lakeside concessions.

Last year, property owners served by the Napa Berryessa Resort Improvement District voted to pay for nearly $14 million for water and wastewater improvements. The need for the improvements stems from inefficient and aging systems that had prompted the state Regional Water Quality Control Board to find the district out of compliance with state regulations.
While property owners approved the financial assessments in the spring of 2007, the district has collected no money toward the repairs. A NBRID staff report issued last month states that Pensus Group, which has won the right to operate Steele Park Resort, “has not yet made a commitment to participate in the assessment, which prevents the district from pursuing bond financing” for the water treatment upgrade.

The Pensus Group, an Arizona based operator of marinas and resorts, would be expected to pay about $4 million of the $14 million total, according to Napa County Auditor-Controller Pam Kindig.
The staff report goes on to note that the U.S. Bureau of Reclamation, which controls the lakeshore and decides who operates the lakeside resorts, has guaranteed that whoever operates Steele Park Resort will be required to pay its share of the upgrades.

Yet the Bureau and Pensus have yet to sign the deal.

The Bureau of Reclamation’s Pete Lucero said that there is no question about Pensus’ eventual participation in paying for the wastewater treatment system.

“Reclamation has inserted (participation in the improvement district) as a requirement in the contract. Any operator that operates at Lake Berryessa will participate,” he said.

Lucero said contract negotiations with Pensus “are proceeding very well” and that the sewage treatment financing is “not a sticking point.”

An official with Pensus, an Arizona-based operator of marinas and resorts, did not return a phone call seeking comment.

The Bureau of Reclamation and lake users first hoped to have the contract with Pensus complete by the beginning of summer, when the 50-year contracts with current lakeside concessionaires began to expire. But that date passed, as did a mid-August date that lakeside businesses were hoping would help salvage the summer season at Lake Berryessa.

Lucero declined to speculate about when the contract would be completed, but emphasized that the Bureau of Reclamation and Pensus “are not far off at all. The complexity is that it is not just Steele Park, but it is five concession areas under one contract. We need to make sure all the T’s are crossed and I’s dotted.”

The slow going on the Pensus contract has had other consequences at the lake, including the closure of several resorts during peak season. Former operators have seen their contracts expire and have shuttered their visitor accommodations and boat launches, but Pensus has yet to move in.

Berryessa-area business owners are concerned about the down season and are encouraging guests to visit the lake, where the water is still warm and the public launches and some of the privately-run resorts remain open.

Repairs ahead

The Napa Berryessa Residential Improvement District, which is a special district overseen by county officials, has until 2012 to address regional water quality board concerns. Until it does, a moratorium bars construction of any new residences in Berryessa Highlands.

Nate Galambos, an engineer with the district, said that NBRID’s problem stems from use of a spray field for treated wastewater. State regulations say agencies generally can use spray fields to absorb treated water only between mid-April and mid-October. Off-season spraying raises the risk of treated sewage entering creeks and streams, and possibly the lake.

In recent years, the out-of-date facilities and volume of water have forced the district to spray in the wet season.

Upgrades to be paid for by the assessment include faster and more efficient creation of potable water, more efficient processing of wastewater and decreased reliance on the spray fields.

Kindig and Napa County Counsel Robert Westmeyer explained that NBRID will issue bonds to pay for the upgrades, but that seeking bonds before Pensus formally commits to the assessment would force NBRID to face unfavorable financial terms.

Kindig said it will be less expensive for residents of the area if the bond is issued under better terms, thus the decision to wait for the contract between Pensus and the Bureau of Reclamation.

Assuming the Pensus deal is completed, Kindig estimated that the first bill for the assessment would be issued no earlier than December 2009.
5 comment(s)

Notwhatyouthink wrote on Sep 4, 2008 9:59 AM:

" Hmmmmmm…..no contract signed……yet. Let’s see, contract was awarded in April…then a June article stated that, “Bureau of Reclamation officials are confident the deal with Pensus will be struck soon, and the lake will begin to take on new life with updated facilities and operations.” We were also promised a smooth transition and instead have only seen closures. The June 15th deadline was not met, neither was the July 13 deadline or mid-August deadline. We are now in September and Lucero will no longer speculate about when the contracts will be completed, but emphasizes that they ‘aren’t far off at all’. Really???? And we should believe this latest statement because……………??? Is Pensus losing money by holding out?? Probably not….they haven’t invested a dime. I’d like to see some ‘incentives’ put in place to move things along. Perhaps if Mr. Lucero were to lose his job if the contract isn’t signed by a specific date it would speed negotiations up a bit. "

cellsitegod wrote on Sep 5, 2008 6:17 AM:

" This whole thing is a bunch political "bait and switch"
The BOR used the reason for kicking out the present resort contractors was to bring the shoreline back to it's natural state and enable weekend campers to enjoy the good lakeside spots taken up by the long term trailers.
Then, what do they do?
They sign a contract with a "High end" resort company that intends to put high rent modulars in.
They still shut out the common weekend campers.
The reason Pensus hasn't signed is because the properties were supposed to be returned to their "natural state" before they took over.
Has anybody seen these closed resorts? they look like a town that was destroyed by a tornado. Nothings been done to clean them up.
As far as the highlands water problem;
Mark my words, the residents will have to eat that 4 million dollars.
That sewer system was designed for every lot in the highlands to be developed. Yet only 2/3 have houses on them. It's overloaded because Steele Park was allowed to "piggyback" into it. Now, the residents have to pay for the mismanagment of the NBRID.
Steele Park made money every time the several dozen toilets were flushed or the water was turned on.
Now, the residents are going to have to pay for it.
You watch; Pensus nor the BOR will have to pay that 4 million. "

Notwhatyouthink wrote on Sep 5, 2008 10:29 AM:

" And let's not forget that the former concessionaires were also promised that they would be reimbursed for existing infrastructure. That didn't happen either. The 'return to natural state' mandate was a complete surprise. Why would anyone invest more money to tear down and haul away existing infrastructure, roads, etc. knowing that they won't be reimbursed for a dime of the additional cost? This mess was created by the BOR - they need to deal with it. It is unfortunate that the folks at Berryessa Highlands are now being held captive due to the Steele Park situation and stalled negotiations. Again, unless the standoff is causing pain or repercussions to those involved...where is the incentive to finalize negotiations? "

Landshark wrote on Sep 8, 2008 10:46 AM:

" Good journalism Mr. Kisliuk and by now you too have must have a better understanding of the rhetoric and destruction that the Bureau of Reclamation is one hundred percent responsible for. Stay on Reclamation with your current line of questioning and please do not accept Pedro Lucero’s “no comment”responses.

Reclamation has been doing a “bait & switch” since 1998 and to date their organizational chart is clear evidence of this.

Pedro Lucero was promoted to Recreational Chief and more recently PIO, however is more suited to the used car market. Mr. Lucero has become the emperor of Lake Berryessa and his followers fail to inform him that he not wearing any clothes.

Five of the seven resorts are clear evidence that Reclamation has made a priority to abandon tens of thousands of existing customers (Long term Permitee’s & families) in search of tens of thousand of new campers and house boaters. Please inquire into the annual resort fees for hte last fiscal year and see jsut how many campers and hoseboats have (not) been rented.

Pleasure Cove Marina has now installed docks from abandoned resorts in an effort to comply with their 2006 contractual obligations. One more step towards “Little Yosemite” and two steps backwards. This only creates more non permitted, non code compliance and more Fire, Life, Safety violations.

Reclamation equals failure at a cost of well over $100M to the private sector. Who’s going to bail Reclamation out? PENSUS, FOREVER Resorts? "

philc wrote on Sep 9, 2008 11:30 PM:

" Lucero said contract negotiations with Pensus “are proceeding very well” and that the sewage treatment financing is “not a sticking point.” A direct quote from none other than Pedro Lucero...you got it. The same guy that said "the transition will be smooth, there will be no closure of the lake, we will have a contract signed by, May, June,...sometime in August oh, September...oh by the way the contract is coming...so is Christmas! The Highlands should pay for the sewer because by the time these clowns (Pensus and Lucero) act Steele Park will be closed too. The BOR in it's wisdom is going to allow the Pensus group an opportunity to have a contract on 4 resorts while leaving the Steele Park deal held separatly...wake up America! Didn't they bid on ALL 5 resorts?

We should believe Lucero after all we are out of Irac like the politicians said last election aren't we? The BOR is replete with incompetency...Lucero gets a check whether he consumates the deal this year or next. Again I say "wake up." "

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