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Pelican Hill Road
Irvine Coast Land Use Plan Amendment
Notes on Maps
and Text Exhibits
Pelican Hill Road/Newport Coast Drive OVERVIEW
Proposed Pelican Hill Road Alignment
Road shown going from Pacific Coast Highway to MacArthur Boulevard
The Irvine Company grand opening of Newport Coast Drive
Transportation Corridor Agencies (TCA)/Coastal Commission approval of realignment of Ford Rd.
A.G. asking for the CCC approval of TCA putting a Toll on Newport Coast Drive
Thomas map showing how the 73 toll road has consumed Newport Coast Drive, tolls fraudulently collected daily
The EIR graphically shows that a toll booth will be placed at the intersection with Newport Coast Drive (using the old name Pelican Hills Rd.)
December 19, 1980 City Of Newport Beach Transportation Plan Citizens Advisory Committee
May 19, 1987 Draft Environmental Report For Pelican Hill Road Irvine Coast
Cover letter from A.G.’s Office regarding my request for a TCA Exhibit
San Joaquin Hills Transportation Corridor Agency Ramp Transaction Summary, received from the TCA July 27, 2012
Cover letter from A.G.’s Office. This is TCA exhibit 7
January 7, 1994 Gilbert W. Ferguson Assemblyman Seventh District, Newport Beach. regarding his Opinion request.
March 17, 2012 letter to the honorable Dr. Charles Lester, Executive Director, California Coastal Commission
December 9, 1993. Gilbert W. Ferguson, Assemblyman Seventh District, Newport Beach—his first request for an A.G. Opinion
5/13/93 approved, California Coastal Commission: “Revised Proposed Findings”
December 20,1993 from Newport Beach Council Member for Corona Del Mar, writes to the Honorable Dan Lungren, Attorney General
California Coastal Commission letter April 27, 2012
6/26/92—TCA/LSA Associates, Inc.: Irvine Coast CDP (Coastal Development Permit) findings
Capitol Weekly: “The California Coastal Commission—Unrepentant Sinners”
State of California Department of Justice, Office of the Attorney General: Legal Opinions & Quo Warranto
March 3, 2009 letter from the A.G.’s Office
Letter to Department of Justice, December 4, 2012—still looking for the missing A.G. Maiser report
Orange County Resolution, NO. 82-598 Transportation Corridors Development Policy
Newport Coast Local Coastal Program, Second Amendment, December 3, 1996
Annexation and Development Agreement between the City of Newport Beach and The Irvine Company, 11-08-2001
California Coastal Commission, August 18, 1995—Mr. Charles Damm, District Director, from the San Diego office
October 15, 1985. Resolution of The Board Of Supervisors of Orange County, California, Resolution No. 85-1477, Major Thoroughfare and Bridge Fee Program
April 20, 1988. Resolution of the Board of Supervisors, Orange County, No. 88-537
April 20, 1988. Resolution of the Board of Supervisors Orange County, Resolution No. 88-538
...continued, page 3
[ NCD A ] --- A. G. Opinion No. 93-1205, at foot note 7. On page 6. "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."
This is intended as the legal, coup de grace. For denying any: public LCP free by-pass road traffic mitigation rights, traffic relief to PCH in CDM, our MacArthur Boulevard.
Question Eight, is totally deleted. In the A. G. Office, letter to the public. [5.of 5 above] February 10, 1994. Assemblyman Ferguson is asking " was or has there been any illegal attempt, by elected or appointed officials of the County or SJHT. or their employees or agents, to hide or obfuscate the act from the public? The A. G. Office, Their legal client California Coastal Commission, and TCA surely meet this fraud qualification question. Just by deleting this question eight, and altering question two, so they could produce a sham opinion. protecting the TCA in not following, The Irvine Coast Development Agreement of June 9, 1988. As the TCA referred to in their Opinion letter [ NCD 30 ] to the A. G. That they met all legal requirements.
Note: on looking at Assemblyman Ferguson's letter head, one will see, "Commissioner Little Hoover Commission" I believe this past combat Marine doing the island's in WW II. smelled out the enemy of our freedom's in Government, "Fraud's on it's Citizens". And was not afraid to state it. And then it's deleted by the, California Attorney Generals Office? This State Fraud needs the oversight review by a Federal Judge.
Q. >>> THE PUBLIC "DID NOT UNDERSTAND" THE IMPENDING TOLL ON NEWPORT COAST DRIVE, AS THE TCA IMPLIES . THEIR OWN PUBLIC NOTICE MAP'S, DATED 1990 SHOW TWO SEPARATE ROADS, ONE FREE, AND ONE TOLL.
OUR FREE LCP. BY-PASS ROAD RIGHTS WHERE GIVEN: JANUARY 19, 1982. AND JUNE 9, 1988. WE HAVE FIRST RIGHTS. THE: STATE LEGISLATURE, TCA, CCC OR AG. NEVER HAD AUTHORITY TO AMEND THE ' California Coastal Commission LCP. MITIGATION FINDINGS FOR the BY-PASS ROAD, A PART OF THE ORIGINAL IRVINE COAST DEVELOPMENT AGREEMENT.<<<
The TCA Opinion reply letter to the A. G. March 25, 1994 [ NCD 30 ] page 7. The TCA. state's, "In addition to many formal notices published by the TCA. regarding the proposed construction of the Corridor (See Exhibit 11. this TCA. exhibit not enclosed here), the press published a large number of stories regarding the construction of the Corridor as a toll road between 1987 and 1991. Indeed, it was one of the most extensive covered local stories during that period."
County, and Coastal Commission: documents, map's, and Orange County resolutions, do not call out, or show a approved toll road. At the time of signing the Irvine Coast Development Agreement , June 9. 1988.
A collection of free roads, Highways and Freeways. are called out in the: Irvine Coast Planed Community Development Plan and Supplemental Text. Certified LCP Land Use Plan of, January 19, 1982. [ NCD 2 ] And in the "Irvine Coast Development Agreement and records [ NCD 1 ] As recorded on, June 9, 1988.
The fact is, in the TCA Opinion letter [ NCD 30 ] to the A. G. at page four, states " On October 17, 1988 the County and the city members amended the joint Powers Agreement to exercise the power authorized by the Legislature to impose and collect tolls on the Corridor."
It's clear in maps and writings the Corridor was planned prior to October 17, 1988. for free to use as: Highway or Freeway. And the possible connection of a public free Newport Coast Drive, connecting to other public free roads, would be in keeping with the public road by-pass mitigation's as planned In the Irvine Coast Development Agreement, as far back as 1982. and in the final Local Coastal Plan Findings., in section C. and section D. in the approved Development Agreement, dated June, 1988 [ NCD 1 ]
This is why: the County of Orange, and the, Irvine Coast Development Agreement of June 9, 1988 [ NCD 1 ] Maps and writing's do not refer to or show a Toll Road, or in "Section C. Irvine Coast Local Coastal Plan Findings of Approval and Supporting Documentation Section D". or any California Coastal Commission, documentation or Orange County call out's for a Toll Road, -before- the Local Coastal Plan Findings. For the, Irvine Coast Development Agreement are approved and Recorded, on June 9, 1988.
There are call-outs only for: Freeway, and Highway. As that is what was planned and approved, as called out from: January 19, 1982 and amended and signed June 9, 1988. In the Irvine Coast Development Agreement.
In fact the TCA own public Road Map's in 1990 Notice's, still are showing the San Joaquin "Transportation Corridor" [Toll Road]. And Pelican Hill RD going to Bonita Canyon Drive [free]. as two separate roads. In these two separate TCA. public road Map notices's, [one free, and one toll]. Information accurate [ NCD 26 ] "As of " 7/1/90 and [ NCD 27 ] "as of " 11/15/90. How could the public understand the TCA plans to toll, if their own public clear information, notice maps, are wrong?
Note: (Pelican Hill RD going to Bonita Canyon Drive. in 1991 renamed on opening as Newport Coast Drive. [ NCD 32 ] ) On opening as a Free LCP Development By-Pass Road. As further stated to the A. G. Office in there Opinion letter April 1, 1993 [ NCD 18 ] by the Irvine Coast Land Developer , The Irvine Company. page two. "at the time the Company entered into the development agreement and agreed to construct and dedicate Newport Coast Drive, the decision to toll had not been made."
Irvine Coast Development Agreement County Of Orange is recorded on June 9. 1988. This is the recorded Contract date of the LCP. Road Mitigation and Findings for the free By-Pass Road. Any date's after this have no legal affect on our free public LCP mitigation road rights, for free use of : Pelican Hills Road / Newport Coast Drive, as clearly called out on June 9. 1988. [ NCD 1 ] page's: 11-12-13-20- exhibit C. page's 3-2122-23-exhibit D. page's D-9 , D-10 , D-14.
As mentioned on page one of this letter. Our only efforts here, is in opening Newport Coast Drive to free use again. The Development Agreement, LCP. mitigation as called by the County of Orange [ NCD 1 ] exhibit C. page 3- calls out, "a hierarchy of roadways will serve the Irvine Coast, including regional freeway and highway net works," as further called out:
exhibit D. page 9. at C. "Dedication of San Joaquin Hills Transportation Corridor right-of-way."
This LCP mitigation is further clarified in the legal contract, between the Developer and the County of Orange in [ NCD 5A ] August 22, 1988 Irrevocable Offer of Dedication. page 13- (4) " Effects of Legal Actions preventing Development. County's power to accept this offer and the conveyance of title shall be automatically suspended if Offer is prevented from developing its coastal development under the Irvine Coast Local Coastal Program, by operation of local, state or federal law "
page 12 talks about Pelican Hill Road/ Newport Coast Drive , As creditable to the "Fee Program" O. C. Resolution No. 85-1477 Major Thoroughfare & bridge Fee Program October 15, 1985 [ FNCD 23 ]
Note: Pelican Hill RD / Newport Coast Drive. and the San Joaquin Hills Transportation Corridor, are originally equally given as LCP mitigation, For a LCP Development permit, In and outside the Coastal zone.
as called out in the Irvine Coast LCP Development Agreement June 9, 1988. Later in a Irrevocable Offer of Dedication by the The Irvine Company for: land, road right of way, and Newport Coast Drive, land and agreement to build. dated August 22, 1988. [ NCD 5A ] As signed over to the County of Orange, as a requirement of the LCP. Irvine Coast Development Agreement.
Later this LCP road mitigation as given, in August of 1998 for the Irvine Coast LCP Development Agreement, is signed over to the San Joaquin Hills Transportation Corridor Agency by, The Irvine Company, as now re recorded on March 16, 1993. [ NCD 5B ] page 4. calls out Terms And Conditions, calls out "road way tolls". This is late, and does not amend the June 9, 1988. LCP. Development Agreement.