Website © 2014 Ronald Douglas Kennedy. All Rights Reserved.                                             Site designed by Undisclosed

Exhibit 13

Pelican Hill Road

Irvine Coast Land Use Plan Amendment

Home SECTION I SECTION II, Items B,C,D SECTION III, Items N,O,P SECTION IV--Map & Text Notes

QUICK LINKS

SECTIONS

A  B  C  D  E  F  G  H
I  J  K  L  M  N  O  P
Q  R  S  T  U  V  W
X  Y  Z

Notes on Maps
and Text Exhibits

click here

Requires FREE
Adobe Reader

 

MAPS

[Map 1]

Pelican Hill Road/Newport Coast Drive OVERVIEW

[Maps 2A & 2B]

Proposed Pelican Hill Road Alignment

[Map 3]

Road shown going from Pacific Coast Highway to MacArthur Boulevard

[Map 4]

The Irvine Company grand opening of Newport Coast Drive

[Map 5]

Transportation Corridor Agencies (TCA)/Coastal Commission approval of realignment of Ford Rd.

[Letter 5B-1 & 5B-2]

[Letter 5C-1–5C-3]

A.G. asking for the CCC approval of TCA putting a Toll on Newport Coast Drive

[Map 6]

Thomas map showing how the 73 toll road has consumed Newport Coast Drive, tolls fraudulently collected daily

[Map 7]

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.)

 

TEXT

[FNCD 1]

December 19, 1980 City Of Newport Beach Transportation Plan Citizens Advisory Committee

[FNCD 2]

May 19, 1987 Draft Environmental Report For Pelican Hill Road Irvine Coast

[FNCD 3]

Cover letter from A.G.’s Office regarding my request for a TCA Exhibit

[FNCD 4]

San Joaquin Hills Transportation Corridor Agency Ramp Transaction Summary, received from the TCA July 27, 2012

[FNCD 5]

Cover letter from A.G.’s Office. This is TCA exhibit 7

[FNCD 6]

January 7, 1994 Gilbert W. Ferguson Assemblyman Seventh District, Newport Beach. regarding his Opinion request.

[FNCD 7]

March 17, 2012 letter to the honorable Dr. Charles Lester, Executive Director, California Coastal Commission

[FNCD 8]

December 9, 1993. Gilbert W. Ferguson, Assemblyman Seventh District, Newport Beach—his first request for an A.G. Opinion

[FNCD 9]

5/13/93 approved, California Coastal Commission: “Revised Proposed Findings”

[FNCD 10]

December 20,1993 from Newport Beach Council Member for Corona Del Mar, writes to the Honorable Dan Lungren, Attorney General

[FNCD 11]

California Coastal Commission letter April 27, 2012

[FNCD 12]

6/26/92—TCA/LSA Associates, Inc.: Irvine Coast CDP (Coastal Development Permit) findings

[FNCD 13]

A.G. Conflicts-of-interest

[FNCD 14]

Capitol Weekly: “The California Coastal Commission—Unrepentant Sinners”

[FNCD 15]

State of California Department of Justice, Office of the Attorney General: Legal Opinions & Quo Warranto

[FNCD 16]

March 3, 2009 letter from the A.G.’s Office

[FNCD 17]

 

[FNCD 18]

Letter to Department of Justice, December 4, 2012—still looking for the missing A.G. Maiser report

[FNCD 19]

Orange County Resolution, NO. 82-598 Transportation Corridors Development Policy

[FNCD 20]

Newport Coast Local Coastal Program, Second Amendment, December 3, 1996

[FNCD 21]

Annexation and Development Agreement between the City of Newport Beach and The Irvine Company, 11-08-2001

[FNCD 22]

California Coastal Commission, August 18, 1995—Mr. Charles Damm, District Director, from the San Diego office

[FNCD 23]

October 15, 1985. Resolution of The Board Of Supervisors of Orange County, California, Resolution No. 85-1477, Major Thoroughfare and Bridge Fee Program

[FNCD 24]

April 20, 1988. Resolution of the Board of Supervisors, Orange County, No. 88-537

[FNCD 25]

April 20, 1988. Resolution of the Board of Supervisors Orange County, Resolution No. 88-538

SECTION III, page 4

 

Coast Drive will not violate any requirements imposed under the California Coastal Act of 1976".

Are we to believe the Coastal Commission "staff person ", is responsible, for this orchestrated' Toll Fraud. Or is it all just a simple mistake, in not understanding, The LCP. Mitigation Finding's, as called out in the, Irvine Coast Development [ NCD 1 ] exhibit C. and exhibit. D."Irvine Coast Local Coastal Plan Findings of Approval, And all the supporting CCC. and O. C. Resolutions Supporting Documentation, by the staff person . The factual history does not read that way. The opinion was an orchestrated fraud from the beginning.

Assemblyman Gilbert Ferguson's attempted to put this issue on the table, and resolve it there. At the Pacific Club in Newport Beach, in a planned meeting, debate as reflected in his letter to the Honorable Dan Lungren, before requesting an opinion [ NCD 14 ] December 9, 1993. Which shows a list of eighteen invited guest: City and State Government representatives, and other's, standing room only. The two most important parties to this hearing were , Ms Olivia Maiser, special assistant to the Attorney General Dan Lungren, and MR. Rob Thornton the Transportation Corridor Agencies Toll Road lawyer.

After Mr. Thornton made his presentation, I made my presentation : showing and reading key wording from, Orange County and California Coastal Commission Documentation, on finishing Assemblyman Ferguson asked Mr. Thornton, point blank. Are these documents Kennedy presented True? Not saying a word he rose and walked out, not answering. The Assemblyman then rose and asked Ms. Maiser for a A. G. Opinion.

I have exhausted my efforts in locating Ms Maiser's report to A. G. Lungren. From the A. G. Office [ FNCD 18 ] as requested in my letter December 4, 2012 and A. G. reply regarding my Public Records Request's, dated December 14, 2012 " We have found no other responsive records to your numerous request." Is this cover up part of the opinion fraud. I believe it is.

The A. G. On researching this opinion totally failed. How is it possible Ferguson's request letter with back ground was not acted on. His request letter fraudulently altered. Ms Oliver Maiser's report to the Honorable Dan Lungren, with the: County and Coastal Commission, exhibits she requested, that I presented at his hearing. [ NCD 15 ] documents called out at Assemblyman Ferguson / TCA. Toll hearing, Missing.

Ms Maiser's Missing report about the TCA Lawyer refusing to answer Assemblyman Ferguson question, [ her report is missing now]. The TCA Lawyer MR, Thornton just standing up and turning his back on the Assemblyman question, as he walked out of the room. Would have shown he had no answer at that time to give. And the TCA had no right to toll, or move/divert, Newport Coast Drive, on to the toll corridor. From it's original built connection to MacArthur Boulevard. As agreed for in the LCP. by-pass road mitigation.

Note: above at Q. The corridor was originally given as LCP road mitigation, for Highway or Freeway. In the development agreement dated June 9. 1988. They are both planned as equal free road's, for public free use, at this time. In and outside the actual Coastal Zone.

The meeting turned out to be A total waste of Public Officials time, and tax payers dollars. And now the SQHTC has successfully collected as of: FY July 2012. $ 49,672,107.00 in toll's. [ FNCD 4 ] in their fraud, as sanctioned by the California Attorneys General's Office. California Coastal Commission, County of Orange's, Transportation Corridor Agency affiliation's.

T >>>> Pelican Hill RD as later renamed NEWPORT COAST DRIVE : has been called out from 1982. in Orange County Local Coastal Plan's. And Amended traffic mitigation, in planning for the 1988 Irvine Coast Development AGREEMENT. CALLING OUT THE, AERIAL PHOTO MAP, PELICAN HILLS ROAD / NEWPORT COAST DRIVE. FROM PCH. TO MACARTHUR BOULEVARD.>>>>

[ NCD 1 ] Irvine Coast Development Agreement. Approved June 9. 1988

page -12- "at four lanes instead of at two lanes provided under the 1982 land Use plan."--- "Relieves congestion on and allows for a significant diversion of traffic from Pacific Coast Highway and sections of MacArthur Boulevard by providing a by pass route around Corona Del Mar in Newport Beach"

page -14- "the highway improvements and phasing as defined in this section E and Exhibit Q, which are required by this LCP, have been determined to be of significance beyond normal project requirements so as to meet the objectives of the County's Growth Management Policy".

Exhibit C Irvine Coast Local Coastal Plan Findings Of Approval And Supporting Documentation

page 44.The 1987 LCP is an alternative to an already approved 1982 LUP"--" The 1982 LUP and regional traffic considerations both as reviewed in the 1987 LCP technical appendices and the Pelican Hill Road EIR"

Exhibit D Irvine Coast Development Agreement. Benefits to the County and its residents.

page D-10 Transportation Improvements. Pelican Hill Road. " Under the 1988 Local Coastal Program, Pelican Hill road will be constructed at four lanes from Pacific Coast Highway to MacArthur instead of the two lanes provided for under the 1982 Land Use Plan."-----"The early construction of Pelican Hill road will provide the following significant public benefits: " (I) Relieves congestion on and allows for a significant diversion of traffic from Pacific Coast highway and sections of MacArthur Boulevard by providing a bypass route around Corona Del Mar in Newport Beach".

[ NCD 2 ] Irvine Coast. Planned Community Development Plan and Supplemental text." Certified LCP Land Use Plan, January 19, 1982."

page lV -36 The construction of the arterial highway system will be phased with development in order to meet the demands generated by development on the Irvine Coast. in addition, the Irvine Company has agreed to provide roadway capacity beyond the needs attributable to development on the Irvine Coast in order to enhance public access to coastal recreation areas and further mitigate off-site transportation impacts."

[ NCD 3 ] letter from The Irvine Company, regarding "Irvine Coastal Local Program" October 23, 1987.

page 1. "The Executive Summary is provided to outline the major features of the plan. The document titled "The Irvine Coast LUP Amendment - Major Differences between 1982 Approved Plan and 1987 Proposed Plan".

page 3. at top. "IRVINE COAST LCP" -"Roads/Recreation Access - Pelican Hill Road will be constructed early in the development process at four lanes (as contrasted with initial two lanes under the approved plan), thereby providing a major access from inland areas to Crystal Cove State Park. this road will also serve as a bypass for Pacific Coast Highway traffic, providing relief for present and future heavy use of Pacific Coast highway."

[ NCD 11 ] Page 2. cc: "Chuck Damm Executive Director California Coastal Commission - Long Beach District"

Note it was MR. Damm's "sham" letter, to Newport Beach public
[ NCD 11 ] works director, city of Newport Beach. February 3, 1994 stating "where a toll is proposed is not in the Coastal Zone. As such, we cannot assert jurisdiction based on the toll issue without a direct tie to the adopted provisions of either the Irvine Coast LCP and/or the coastal development permit. Our research shows no such tie." Then passed on to the A. G. for their, Doctored Sham" Opinion [ NCD A ] at page 6. foot note 7. "toll booth at Newport Coast Drive will not violate any requirements under the California Coastal act of 1976."

[ NCD 4 ] The Irvine Coast Proposed Land Use Plan Amendment. The Irvine Coast Proposed Land Use Plan, Executive Summary march 1987.

page 1."In 1981 the Board of Supervisors of the County of Orange approved a land Use Plan for the Irvine Coast by a unanimous vote. Subsequently, the land Use Plan was submitted to the California

...continued, page 5

SECTIONS

A  B  C  D  E  F  G  H
I  J  K  L  M  N  O  P
Q  R  S  T  U  V  W
X  Y  Z