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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
B. >>> TOP SECTION OF NEWPORT COAST DRIVE CONNECTING TO MACARTHUR BOULEVARD AS A FREE BY-PASS ROAD. THEN CLOSED AND MOVED ONTO THE SJHTC TOLL ROAD RIGHT OF WAY, FOR COLLECTION OF TOLLS, FROM YOU <<<
Newport Coast Drive NCD. was not originally built on, the San Joaquin Hills Transportation Corridor SJHTC. At the time The Irvine Company TIC. Originally planned and built, Pelican Hill RD. later renamed Newport Coast Drive. From Pacific Coast Highway PCH, to To MacArthur Boulevard. It was originally built as a "Free Open Road" by the developer The Irvine Company [ NCD 32 ] November 15, 1991. As approved by the California Coastal Commission CCC., and Orange County, OC. As LCP. and OC. Development Traffic Mitigation. In January 19, 1982. [ NCD 1 ]
[ NCD 2 ] And the "Irvine Coast Development Agreement County Of Orange" June 9, 1988
The SJHTC was not planned as a toll corridor at this time. And tolls are not called out on earlier County and California Coastal Commission CCC. documents, during this time of the approval of the Irvine Coast Development Agreement, and Irvine Coast Local Coastal Plan, "Findings", Exhibit C. and supporting Documents, Exhibit D. As approved, in the Contract dated, June 9, 1988. [ NCD 1 ] As also shown in additional O. C. "Amending Resolutions" dated prior to June 9, 1988 [ FNCD 23 ] [ list of OC Resolutions as filed with the Court 7-12-96]
The SHTC was originally planned: as a Freeway, or Highway. If NCD was built on the SJHTC at this time it still would not have effected it's By-Pass road mitigation carrying capacity. As tolls were not called out and would not be discouraging full public usage of the By-Pass. as "NO" tolls were called out in Orange County document's our, California Coastal Commission document's in June 9, 1988. The recording date of the Irvine Coast Development Agreement, Contract. [ NCD 1 ]
In 1994 the Northerly portion was Closed by the County. Moved farther north & reopened in 1997 by the TCA as a Toll Road. Or as TCA Lawyers would say, Free to use after paying a Toll. Letter to Attorney General, Edmund G. Brown. page 3. January 16,2008.
Newport Coast Drive was closed . And moved from its original free connection to MacArthur Boulevard. By Orange County. and the TCA. To connect to the SQHTC for the charging of toll's on NCD users. Altering the original LCP traffic mitigation By-Pass as planned, an agreed to in the Irvine Coast Development Agreement. And altering the entire length of NCD, for taking commuter traffic off PCH in Corona Del Mar, and MacArthur Boulevard, as originally planned and agreed to in June 9, 1988. by: California Coastal Commission, Orange County, and the developer, The Irvine Company.
The SQHTC has successfully collected, from drivers using NCD like you as of: FY July 2012. $ 49,672,107.00 in toll's. [ FNCD 4 ] In this fraudulent enterprise. And is still not showing their authenticate, legal authority, at this late date in collecting of these tolls on Newport Coast Drive, As I still believe there is no authenticated, documentation to support their argument's. "The king has no clothes, to cover their, toll fraud's".
C. >> WHY PELICAN HILL RD. / NEWPORT COAST DRIVE. BY-PASS WAS WILLINGLY BUILT, by the The Irvine Company, TIC. <<
In the beginning, December 19, 1980 as a member of the City of Newport Beach transportation plan advisory committee, and living in Corona Del Mar CDM. I made a suggestion for a road going from the CDM Freeway / McCarthy Boulevard to PCH as a by-pass around the top of CDM. I am sure others were also thinking about this solution, also there was a great deal of effort going on in establishing a State / Federal park from Newport to Laguna, from the Pacific Ocean to Interstate 405 Freeway. And a road going through a small part of this undeveloped land would have it's own problems. [ FNCD 1 ]
The Irvine Company TIC. will willingly finalize this Road design and pay to build it. The TIC also will build extra capacity for this by-pass road called out on documents at this time as Pelican Hills Road. later renamed Newport Coast Drive. As a good business plan for freeing up traffic on MacArthur Boulevard & Pacific Coast Highway. in Corona Del Mar. Also they would pay for extra traffic lanes on PCH to Laguna beach. Allowing drivers easier access to the by-pass road, And freeing up PCH leading to their major shopping and business center, Fashion Island complex, by using PCH in CDM. And fitting this offer in as Local Coastal Plan, and O. C. LCP. traffic mitigation for their, Irvine Coast Development Agreement. [ NCD 4 ]
And further defined in Draft Environmental Impact Report For Pelican Hill Road. As accepted May 19, 1987, [ FNCD 2 ] CCC. calling out at page 4. "The pelican Hill road project has been considered in past actions by the county of Orange and California Coastal Commission as an integral part of the Local Coastal Program for the Irvine Coast." --- "The Local Coastal Plan LUP for the Irvine Coast identified a requirement for an "inland roadway connection" ---- "Implementation of Pelican Hill road project is intended to satisfy this requirement." and at page 6. "continuation of the state Route 73 Freeway, currently known as the Corona Del Mar Freeway." page 7 "Pelican Hills Road will provide a major bypass route for peak hour commuter traffic"--- " Pelican Hill road has been designated by the County of Orange as a "major" arterial highway, designed to conform to both MPAH and LCP arterial highway standards."
This wording above and agreement contract is memorialized, in the signing of the Irvine Coast Development, contract, as notarized on June 9, 1988 [ NCD 1 ]
D. >>> OUR LEGAL FREE BY-PASS ROAD RIGHTS <<<
Are the recorded document's January 19, 1982. [ NCD 2 ] And the, Irvine Coast Development Agreement, Contract Document calling out public mitigation rights as, our Pelican Hill Road / Newport Coast Drive, road rights from the beginning and forever. Or till amended by all three of the original approving parties in public hearings, for the "Irvine Coast Development Agreement: County of Orange, EXHIBITs C. & D. Irvine Coast Local Coastal Plan Findings of Approval And Supporting Documents". as recorded on June 9, 1988. [ NCD 1 ] And agreed to by: the land owner The Irvine Company, TIC. and The County of Orange OC. And The California Coastal Commission CCC. Regarding Local Coastal Plan LCP. Mitigation's for the Public, as called out in the Irvine Coast Development Agreement County of Orange.
page 3."This Agreement, in turn, will provide necessary assurances and predictability to archive these benefits in the coordinated manner contemplated by the Development Plan."
page 11. " 2.2 Consistency with County's General Plan and Certified Local Coastal Program."
page 12. "Under the 1988 Local Coastal Program, Pelican Hill Road will be constructed initially at four lanes" --- ( i ) Relieves congestion on and allows for significant diversions of traffic from Pacific Coast Highway and sections of MacArthur Boulevard by providing a bypass rout around Corona Del Mar in Newport Beach"
This LCP. By-Pass Road, mitigation, is now a sovereign -public right-, till the Development Agreement Findings, are amended, in open public hearings regarding these LCP and County. call outs as, Exhibits C & D, that are agreed to by all parties of the original Contract: CCC. OC. & TIC. These Legal Public Contract right, cannot be indiscriminately altered by this law less Toll Road act, in the taking, of the free By-Pass, road mitigation rights, from the general driving Public, as bargained for and given to the public, in trust, by these two, Government Agencies, and the developer TIC. development mitigation's, Quid Pro Quo.
The Development Agreement page 3. at H. "County and the Coastal Commission have determined that the Development Plan meets the various objectives of the California Coastal Act," --"Consistency with County's General Plan and Certified Local Coastal Program."
As the original Development Agreement contract and the LCP, section C. Findings, and D. traffic mitigation by-pass road has not been amended by the: California Coastal Commission, or County. In amending Public hearings and vote. It is still the Law. Even though not being enforced. As clearly called out in the original writings and hearings, and Coastal Commission Findings.
Now a fraudulent toll road by the Transportation Corridor Agency TCA. / with help of OC. and the CCC. and the California Attorney General Office. Also the CCC. head State lawyers. All have helped in denying our free by-pass road rights of free usage.
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