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Letter to Attorney General Edmund G. Brown, Jr., continued

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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.
-

Attorney General Reply
plus Additional Letters
coming soon!

and several cities. Counties and cities have express statutory authority to make any portion of a street in their jurisdiction part of a freeway 5 or expressway."


Pleas Note. Mr W. Kreutzen TCA. CEO. Did not answer paragraphs one & two of my email dated 9/6/04 to Mr. Hernandez as forwarded to him. regarding LCP. Coastal Findings. He was clearly put on Notice of the LCP Mitigation Issue. By his letter July 12, 2004 back to me stating " has asked me to respond to your e - mail."


The Police Powers of (Gov. Code, SS 6502 & 6508.) Sited on page 11. CAN NOT TAKE NEWPORT COAST ROAD AS IT IS IRVINE COAST LCP. DEVELOPMENT MITIGATION.


[ Exhibit 30 ] Nossaman, Guthner, Knox & Elliott TCA Lawyers letter to Honorable Daniel Lungren regarding Opinion 93 -1205 March, 1994
page 1. paragraph one." This firm is general council to the San Joaquin Hills Transportation Corridor Agency ("TCA"). The TCA is a joint powers authority formed by the County of Orange ("County") and ten cities in the County to plan, design, finance and construct the San Joaquin Hills Transportation Corridor"

page 4." On October 17, 1988, The County and city members of the TCA amended the Joint Powers Agreement to exercise the power authorized by the Legislature to impose and collect tolls on the Corridor"

page 5. " In June 1988, the County entered into a Development Agreement with The Irvine Company regarding the development of the Irvine Coast area. The Development Agreement specifically contemplated that a portion of pelican Hills Road (now Newport Coast Drive) would serve as an interim facility until the construction of the Corridor."


These statements on page 5 are correct as far as they go. But the TCA Corridor and Pelican Hill road connection to it was planed at this time June 9 1988 as a noun toll free to use Freeway as reflected in the LCP EIR from 1982. And Amendment to it of June 9 1988. As memorialized in the. "Irvine Coast Development Agreement County Of Orange & Exhibit C. Irvine Coastal Local Coastal Plan Findings Of Approval And Supporting Documents. June 9, 1988." as shown in exhibit 1. above. October is always after June which means: the June LCP Mitigation Development Agreement Findings and Road Mitigation are First in Law and First in Rights.


Regarding page's 1. & 4. Police Powers by County or Cities' can Not be used to take LCP Roade Mitigation. Only new Public LCP Hearings on Mitigation Alternatives for a specific LCP , or any other type of mitigation's given for a LCP approval permit is required first by Law. "
This blanket covering all argument" used extensively in Court Brief & Argued to the A. G. in Opinion Briefs has been wrong headed from day one by TCA Lawyers & others. County, City Police or Combined Powers can not Alter Coastal Commission Laws or change/alter LCP Mitigation's accepted for Development Permit's after Certification by all parties.


[ Exhibit 31 ] The County Counsel County of Orange, to Daniel E. Lungren for Opinion 93 -1205 March 24, 1994

page 1, paragraph 3, " The Agency is a joint is a joint powers agency created by agreement between the County of Orange and a number of cities pursuant to " ---

page 3," Question 3 raises the issue of The Irvine Company's development rights under its Local Coastal plan and Development Agreement and whether they are jeopardized by the advent of the Corridor as a toll facility. We do not belive that they are jeopardized."


These statements page 1. that they are parroting the Police Powers " blanket covering all argument" Again this argument Can Not be used. And then on page 3. They site the " rights under its Local Coastal plan and Development Agreement" to protect Developer Rights to Build. Continued...

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© Copyright 2008 Ron Kennedy. All rights reserved.