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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
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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.
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Attorney General Reply
plus Additional Letters
coming soon!

[ Exhibit 5 - A ] Original Grant Deed recorded Orange County California August 22 1988 as document # 88-417100." Irrevocable offer of dedication "

page 1." THIS IRREVOCABLE OFFER OF DEDICATION ('offer') of the right-of-way for the proposed San Joaquin Hills Transportation Corridor 'the ('Corridor') between future Sand Canyon Avenue and MacArthur Boulevard is made as of August 1, 1988, by The Irvine Company, a Michigan corporation the ("Offerer")."

page 7." (a) covenant 1: use of Property. The property shall be used solely for the purpose of public highway Improvements"

page 12. (page 11." (b) Corridor Credits." page 12. "Not withstanding any prior portion of the property which is a part of Pelican Hills Road is used in the computation of property eligible for credit under the Fee Program,"

page 13." (4) Effects of Legal Action Preventing Development. County's power to accept this Offer and the conveyance of title shall be automatically suspended if Offerer is prevented from developing its coastal development under the Irvine Coast Local Coastal Program by operation of local, state or federal law"

The Irvine Company the Offerer hear makes clear Pelican Hills Road is part of the Quid Pro for a LCP & Fee Credits for the Pelican Hills road right of way & partialy Out side the Coastal Zone. This is also Visually shown "page 15 ATTACHMENTS D. Legal Description of the Pelican Hill Road Construction Easement" as also shown in [ my exhibit 2 ] = (exhibit IV-5)


[ Exhibit 5 - B ] Amend Second IRREVOCABLE OFFER OF DEDICATION for the same exact land rights giving it to the San Joaquin Hills Transportation Corridor Agency by the County of Orange & The Irvine Company agreeing. Dated march 12, 1993." Amended And Restated Irrevocable offer Of Dedication ( San Joaquin Hills Transportation Corridor - Newport Coast segment)". DOC#93-0174937.


The first Dedication was for LCP Coastal Zone Mitigation for Public Benefits. The second Dedication was for the TCA Benefits in Selling for Profit Bonds & Paying them back through Toll Road fees paid by the public. There was no public Coastal Zone Hearings on changing the original LCP Mitigation from Public benefits to Giving it to the TCA. for bond investors financial benefits.

There also a Question regarding The Irvine Company Receiving the same Finical benefits from the TCA & Cal Trans for Land Road Right of Way as they would have received from the County of Orange for these same lands originally given to the Public First? as Quid Pro Quo for a LCP Coastal Development Permit. The County processed the LCP for " The Irvine Company"

Question did the County have the legal authority to give the LCP land mitigation right of way ( road bed & part of the previous constructed Newport Coast Drive) to the TCA in 1993 Did not the County of Orange have a fiduciary responsibility to carry out the LCP mitigation as they wear the ones who processed the Irvine Coast development agreement with the California Coastal Commission for the applicant The Irvine Company?

Also are there new different higher financial benefits for The Irvine Company From Cal Trans & the TCA in this Second Amended Irrevocable Offer of Dedication?


Regarding: Nossaman, Gunthner, Knox & Elliott lawyers for the TCA Opinion letter to The Honorable Daniel Lungren. dated March 25, 1994. [my exhibit 30 below], on page 12. The TCA hear has the Chutzpah to suggest " The California Attorney General has opined that the powers held by a joint powers authority, such as the TCA , include " "not only the powers expressly enumerated by law, but also those implied powers which are necessary to the exercise of the powers expressly granted."- " In this instance, the Legislative bodies of the County and cities have authorized the TCA to exercise there common powers to "fund, plan, acquire and construct the Corridor."


TCA Lawyers are Totally Wrong in there thinking they have powers by their argument to: alter, change, amend or nullify the Powers expressed by the Citizens of the State California in Creating the California Coastal Commission's Powers Through a Referendum Vote. To Receive continued...

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© Copyright 2008 Ron Kennedy. All rights reserved.