Donner Summit residents already distrustful of Royal Gorge developers are fuming after they were denied access to what they believe were public documents delivered to Placer County last month.
On Nov. 21, Royal Gorge LLC delivered more than 200 pages of documents to Placer County, including an anticipated alternative water supply study and specific land-use plan and geotechnical studies for its 950-unit summit development surrounding the Royal Gorge cross-country ski resort.
A formal application for the project isn't expected until after the first of the year.
When Serene Lakes property owner Joseph Gray requested to see the documents stamped "Administrative Draft Private," the county denied his request, citing a Public Information Act exemption for the preliminary material considered in draft form.
"We're kind of flabbergasted that the county is playing this game," Gray said.
This week, The Union filed a request to see the documents under the Freedom of Information Act. Placer County has not responded.
The need for public disclosure becomes even greater during the planning stages, because community input can help frame a project, said Jim Ewert, a legal counsel for the California Newspaper Publishers Association in Sacramento.
"Why is it decision-makers should see this information and not the public?" asked Ewert, posing the argument that decision-makers would be getting the same misinformation.
County Planning Director Michael Johnson says the county is "consistent and compliant with state law."
"There's a perception that information is being hidden... That's not the case," Johnson said.
Royal Gorge developers Todd Foster and Kirk Syme have promoted transparency throughout the project's planning process but denied public viewing this time to avoid "confusion."
"Because certain Royal Gorge preliminary draft planning documents have created confusion and needless speculation in the past, we decided that it will be appropriate to complete and improve the documents before releasing them to the public," said Royal Gorge project manager Mike Livak in a written statement.
"I think they just want to get done what they want to get done and don't want to deal with the public," said Bill Oudegeest, president of the Serene Lakes Property Owners Association.
In November, Placer County staff agreed to keep the draft documents "administrative" in nature after requesting them from Royal Gorge, Livak said. The county requested to review Royal Gorge's draft work in August to "advise us whether we were preparing the right type of information," Livak said.
Even though pre-application documents were posted to Placer County's Web site earlier in the year, this time the county withheld documents for fear of broadcasting "misinformation," Johnson said.
Royal Gorge says they will seek public input once plans are complete to avoid muddled thinking during the process.
"Transparency is enhanced by clarity and accuracy. Sharing incomplete draft work clouds clarity and decreases transparency. We remain interested in informing the public about our plans once they are complete," Livak said.
Placer County is in the process of bundling up the documents and returning them to Royal Gorge after giving the developers the opportunity to withdraw them, according to Johnson and Deputy County Counsel Scott Finley.
Johnson said the county did not comment on the documents and will require Royal Gorge to submit a full application next time to avoid community outcry.
Royal Gorge hasn't received them yet, Livak confirmed Tuesday.
Attorney Donald Mooney, hired by the Serene Lakes Property Owners Association, believes the public is entitled to view the documents since the requests were made before Royal Gorge asked for their return.
"They should have been provided with the information," Ewert said.
If the county retained copies of any part of the documents, the information would be disclosable to the public, Ewert said. As of Tuesday evening, The Union could not confirm whether the county has copies of the documents.