November 24, 1997

Ms. Courtney C. Wiercioch, Manager El Toro Master Development Program
300 North Flower Street, Suite 720
Santa Ana, CA 92703

Dear Ms. Wiercioch:

I believe you have missed the point of my recent letter. ETRPA and our member cities do not wish to be involved directly in your planning process unless we can participate as full partners on the Local Redevelopment Authority. We do wish to review and monitor your planning process by periodically examining various public records that are in your possession.

I was and I am still hopeful that we can resolve ETRPA's basic information needs regarding your planning process without getting lawyers involved. Your notion that maps, plans, and documents do not become public records until they are "final" (whatever that means), is not supported by the law. Virtually all documents received by you from your consultants are public records. Similarly, all communications between you and any of your staff and your consultants are public records. As I said in my letter, let's work out a regular procedure for sharing these records that creates minimal disruptions for both of us. The alternative is a cumbersome and costly legal procedure that forces you to produce virtually every record in your possession.

In the meantime there are a few specific records I have identified that I am requesting now. To facilitate and clarify this request you may refer to the scope of work for your agreement with P&D Aviation. All of these documents are referenced in that scope of work.

1. The draft Technical Report from the consultant on Planning and Performance Parameters and the final Technical Report on the same subject which is supposed to be produced after incorporating the comments of the Project Manager. (page 4 of scope of work dated 7-14-97 and 8-19-97)

2. The draft and final Technical Reports describing Existing Facilities. (page 6)

3. The draft and final Technical Reports describing Potential Annual Aviation Demand. (page 9)

4. The draft and final Technical Reports describing Detailed Forecast for airports under each of the scenarios. (page 10)

5. A Working Paper from the consultant on Airport System Issues (page 14)

6. The draft and final Technical Reports on Airport System Feasibility. (page 15)

7. The Working Paper containing a proposed List of Preliminary Project Planning Issues. (page 16)

8. A technical report identifying the Preliminary Screening Scenarios. (page 16)

9. A draft Technical Report on Development Scenarios and Alternatives. (page 17)

10. A working paper on Simulation Assumptions. (page 21)

11. A working paper on JWA/OCA SIMMOD Model Calibration. (page 21)

12. A working paper on Capacity/Delay Analysis of the Final Alternatives. (page 21)

13. Draft and final Technical Reports on Airfield and Airspace Evaluation. (page 21)

14. Draft and final Technical Reports on Noise Analysis. (page 32)

15. Copies of all invoices, bills, or requests for progress payments submitted by P&D Aviation since project inception.

Because I can not tell where you are in your planning process, whether you are ahead of or behind schedule, I may have asked for some reports that are not as yet ready. If so, please tell me. Nevertheless, it should be clear that I expect to receive copies of all reports you have received from your consultants on the subjects listed above even though they may be marked draft or preliminary. When we meet to talk about future information requests, I expect that we can iron out these scheduling questions.

I am submitting this request for records pursuant to the California Public Records Act Section 6250 et seq., on behalf of the El Toro Reuse Planning Authority and on behalf of myself, Paul D. Eckles, a private citizen.

This request reasonably describes identifiable records and I believe there exists no express provision of law exempting such records from disclosure. Accordingly, I ask that you make these records promptly available as the information is of timely value. If you determine that an express provision of law exists to exempt from disclosure all or a portion of the materials I have requested, the Public Records Act requires a determination and notification to me of the reasons no later than 10 days from your receipt of this request. The Act prohibits use of the 10 day period, "to delay access for purposes of inspecting public records." Should you be unable to identify appropriate items to be copied, I request authorization for me or one of my friends to survey the project files to identify materials for photocopying.

If you should have any questions or require clarification, please call me at (714) 724-6460. If there are copying charges associated with this request, let me know.

Thank you.

Sincerely,

Paul D. Eckles Executive Director

cc: Board of Directors Executive Reuse Management Team Joel Kuperberg Board of Supervisors