LETTER to CALIFORNIA COASTAL COMMISSION
March 9, 2009

Ronald Douglas Kennedy
otrkennedy@aol.com

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Letter to Attorney General Edmund G. Brown, Jr.
20 pp.; 728 Kb

PART 1:
Exhibits A & 1–12
395 pp.; 15,231 Kb

OR

Separate Files
from PART 1 above:

EXHIBIT A (8 pages, 266 Kb)
ATTORNEY GENERAL OPINION 93-1205, MAY 12, 1994
EXHIBIT 1 (165 pages, 4618 Kb)
IRVINE COAST DEVELOPMENT AGREEMENT 1988
EXHIBIT 2 (93 pages, 2352 Kb)
CERTIFIED LCP DEVELOPMENT PLAN, JANUARY 1982
EXHIBIT 3 (3 pages, 91 Kb)
I
RVINE COAST LCP DEVELOPMENT REQUEST, OCTOBER 28, 1987
EXHIBIT 4 (30 pages, 4908 Kb)
EXECUTIVE SUMMARY; ROAD PHOTO MAP AMENDED REQUEST, MARCH 1987
EXHIBIT 5A (5 pages, 146 Kb)
ORIGINAL GRANT DEED TO COUNTY OF ORANGE FOR LCP, AUGUST 22 1988
EXHIBIT 5B (4 pages, 158 Kb)
AMMENDED GRANT DEED GIVEN TO TCA FREE, MARCH 16, 1993
EXHIBIT 6 (4 pages, 124 Kb)
O.C. EMA TALKS ABOUT CERTIFIED LCP OF APRIL 20, 1988
EXHIBIT 7 (2 pages, 71 Kb)
ADDITIONAL OF SITE MITIGATION EMA REPORT OF CERTIFIED LCP OF 1987
EXHIBIT 8 (17 pages, 552 Kb)
CCC APPLICANT THE IRVINE COMPANY LCP ROAD PERMIT, DECEMBER 9, 1987
EXHIBIT 9 (2 pages, 51 Kb)
PELICAN HILL RD. REPORT, ROBERT BEIN & FROST, 1987
EXHIBIT 10 (9 pages, 189 Kb)
IRVINE COAST MASTER COASTAL DEVELOPMENT, FIRST AMENDMENT, 1989
EXHIBIT 11 (1 page, 33 Kb)
CHUCK DAMM LETTER, 1994; COPIED TO ME FROM RODENY LILYQUIST Esq., 1994
EXHIBIT 12 (6 pages, 195 Kb)
MEMORANDUM FROM CHUCK DAMM REGARDING LCP, DECEMBER 4, 1987
-

PART 2:
Exhibit 13—Complete
(Chuck Damm to Coastal Commisioners,
November 19, 1987)
52 pp.; 1,720 Kb

PART 3:
Exhibits 14–36
207 pp.; 5,578 Kb

OR

Separate Files
from PART 3 above:

EXHIBIT 14 (5 pages, 149 Kb)
ASSEMBLYMAN FERGUSON ORIGINAL REQUEST FOR OPINION, DECEMBER 9, 1993
EXHIBIT 15 (1 page, 37 Kb)
A.G. OFFICER Ms. MAISER REQUEST FOR MY DEBATE DOCUMENTS, DECEMBER 8, 1993
EXHIBIT 16 (8 pages, 303 Kb)
JIM TOLEDANO Esq. OPINION; FAX OPINION REPLY, MAY 4, 1994
EXHIBIT 17 (2 pages, 48 Kb)
ASSEMBLYMAN FERGUSON CHANGED REQUEST FOR OPINION, MAY 10, 1994
EXHIBIT 18 (4 pages, 109 Kb)
APPLICANT FOR LCP, THE IRVINE COMPANY OPINION LETTER, APRIL 1, 1994
EXHIBIT 19 (2 pages, 56 Kb)
NEWPORT BEACH CITY MANAGER BOB WYNN OPINION LETTER
EXHIBIT 20 (6 pages, 137 Kb)
RON KENNEDY ROAD & BONDS SOLD OPINION LETTER, JANUARY 8, 1994
EXHIBIT 21 (1 page, 51 Kb)
DAILY PILOT FERGUSON URGES TOLL ROAD INVESTIGATION, DECEMBER 9, 1993
EXHIBIT 22 (1 page, 43 Kb)
DAILY PILOT CONICIALMAM SANSONE TOLD NOT TO MUDY THE WATER, FEBRUARY 26, 1993
EXHIBIT 23 (86 pages, 2287 Kb)
STEPHEN COONTZ ESQ. ORANGE COUNTY RESOLUTIONS, JULY 12, 1996
EXHIBIT 24 (4 pages, 119 Kb)
CCC MARK DEPLAINE FEDRAL CONSISTENCY LETTER TO TCA, FEBRUARY, 1991
EXHIBIT 25 (4 pages, 150 Kb)
TCA EIS FINANCED BY TOLLS, APRIL, 1992
EXHIBIT 26 (2 pages, 62 Kb)
FAST CORRIDOR FACTS TWO MAPS SHOW ROADS AS SEPERAT 7 1, 1990
EXHIBIT 27 (2 pages, 61 Kb)
FAST CORRIDOR FACTS; TWO MAPS SHOW ROADS AS SEPARATE, NOVEMBER 15, 1990
EXHIBIT 28 (8 pages, 288 Kb)
$1,078,692,411.05 TCA TOLL ROAD REVENUE BONDS, MARCH 4,1993
EXHIBIT 29 (16 pages, 424 Kb)
COURT OF APPEAL 4TH DISTRICT, SILLS P.J. JUDGE OPINION, OCT. 12, 1999
EXHIBIT 30 (28 pages, 662 Kb)
NOSSAMAN, GUTHNER, KNOX & ELLIOT, TCA LAWERS OPINION LETTER, MARCH 1994
EXHIBIT 31 (3 pages, 93 Kb)
ORANGE COUNTY COUNSEL OPINION LETTER, MARCH 24, 1994
EXHIBIT 32 (2 pages, 92 Kb)
DAILY PILOT OPENING OF NEWPORT COAST DRIVE, NOVEMBER 16, 1991
EXHIBIT 33 (4 pages, 106 Kb)
A.G. REPLY IN REQUEST OF TCA, LCP APPROVAL, AUGUST 22, 2007
EXHIBIT 34 (8 pages, 154 Kb)
A.G. REPLY IN REQUEST OF TCA; LCP APPROVAL, SEPTEMBER 5, 2007
EXHIBIT 35 (4 pages, 102 Kb)
TCA LAWERS TO WILLIAM WOOLLETT, CEO OF TCA, FEBRUARY 20, 1996
EXHIBIT 36 (5 pages, 119 Kb)
LETTER TO A.G. FOR EARLIER REVIEW OF OPINION, PLUS REPLY "DECLINE"-"NO BASIS UPON WHICH TO REVISIT THE QUESTIONS,'' MAY 10, 2000.

California Coastal Commission March 9, 2009
MR. Peter Douglas Executive Director
54 Fremont Street, suite 2000
San Francisco, CA 94105-2219


Dear MR. Douglas.

This letter is my request of you as a Qualified Official to ask our Attorney Generals office for an Opinion # 93-1205 correction regarding the Tolling of NEWPORT COAST DRIVE. The enclosed Denial letter from the A. G. office to me dated March 3, 2009 is regarding my request. And states that a request must come from "Among other things, that means that we will not consider a request for reconsideration unless it is proposed by an official qualified to request an opinion in the first instance."

My web site WWW.NEWPORTCOASTDRIVE.COM (NCD) is a copy of my letter & A-36 exhibits to MR. Edmund G. Brown JR. Attorney General. January 21, 2008 asking for the Opinion Correction.

The LCP answer's regarding the Toll Road issue is found in my NCD exhibit 1. Irvine Coast Development Agreement, Section C. Irvine Coast Local Coastal Plan Findings of Approval and Supporting Documents, on page 22. calls out "(see Exhibit 13 in the Executive Summary)" which shows a colored photo road alignment map of Pelican Hills / Newport Coast Drive. NCD exhibit 4 page, 22. which runs from PCH in the Coastal Zone to MacArthur Boulevard out of the normal Coastal Zone. The entire road hear is to be built and given as LCP Development Mitigation road by pass, by the Irvine Company Developer and Total land owner and total Road Rights Owner From PCH to MacArthur Boulevard partially out side the actual Coastal Zone.

In the A. G. Opinion No. 93-1205 May 12, 1994 page 6. footnote 7. NCD exhibit A. shows the California Costal Commission letter error that was passed by a second party to the A. G. office at the time of writing the opinion, with this key false statement in the letter stating. "The commission staff has determined that placing a toll booth at Newport Coast Drive will not violate any requirements imposed under the California Coastal Act of 1976." signed by Charles Damm, District Director California Coastal Commission, San Diego Coast Area

The enclosed letter is from MR. Charles Damm. District Director, California Coastal Commission to the City of Newport Beach MR. Benjamin B. Nolan. dated February 3, 1994. NCD exhibit 11. Hear he also states in his letter ------"As such , we cannot assert jurisdiction based on the toll issue with out a direct tie to the adopted provisions of either the Irvine Coast LCP and / or the Coastal Development permit"

The Irvine Coast Development Agreement Permit of June 9, 1988 LCP "FINDINGS" Road Photo in the Executive Summary. And exhibit D. in the same development agreement " page D-9 "the January 1988 local Coastal Program" D. "Early construction of four lanes of Pelican Hills Road from Pacific Coast Highway to MacArthur Boulevard." I belive meet the above requirements MR Damm states for "Jurisdiction" to correct a clear "staff" mistake he sited in the A. G. Opinion at foot note 7. which has cost the public some $, 66 Million Dollars in Toll charges to use this closest direct by pass road alignment around Corona Dell Mar traffic on PCH.

Another Critical Correction request is found in NCD exhibit 30. Letter from TCA. Attorneys to the A. G. stating murmurs times there right to take the LCP road easement under there Police Powers Land rights. There can not be this type of Totally Incorrect Belief in coming years that LCP Costal Mitigation given in our out side Coastal Plan boundaries as a condition of a Quid Pro Quo bargain for LCP building permit can be challenged and taken for a new project at a later date through Land Police Powers actions by cleaver unreliable Attorneys as has happened hear. Will you pleas ask for an Opinion Reconsideration Correction?

Thank You. Ron

Ronald Douglas Kennedy
4741 Sleeping Indian RD.
Fallbrook CA 92028 8875
P 760 723 4357
otrkennedy@aol.com

cc, Ms. Susan Duncan Lee
Supervising Deputy Attorney General


ORANGE COUNTY GRAND JURY REPLY
June 12, 2008

LETTER TO CCC
November 3, 2008


ATTORNEY GENERAL REPLY
March 3, 2009

LETTER TO CCC
March 9, 2009

LETTER TO CCC
October 18, 2009

LETTER to Rodney O. Lilyquist, Chief Opnion Unit
State of California
Attorney General Office

December 24, 2009

Additional Letters
coming soon!


© Copyright 2008–2009 Ron Kennedy. All rights reserved.