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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)
IRVINE 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. |
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Letter
to Attorney General
Edmund G. Brown, Jr.
Attorney General
1300 I Street
Sacramento, CA 95814
Request for review of Opinion No. 93–1205
per information and documentation below.
January 16, 2008
INTRODUCTION
***** I believe Opinion No. 93-1205 was
neither based on correct facts nor correct Statutes. *****
The A.G. Opinion of Daniel E. Lungren,
dated May 12, 1994. Analysis of page 2 narrowly refers to a "development
agreement executed by the County of Orange and the Irvine Company,
a private land developer," and "to the last approximately
two miles of the corridor consisting of the northerly portion
of Newport Coast Drive," and totally ignores the LCP Findings,
of the original Irvine Coast Development Agreement of June 9,
1988. The result of this error is costing the public millions
of dollars in illegal toll charges to use a Local Coastal Plan
(LCP) Mitigation Public Road, which was built by the developer
and open to the public then torn up by the San Joaquin Hills
Transportation Corridor (TCA) and replaced by their Toll Road.
[ Exhibit A
] - OPINION - To be published in The Official Reports Office
of the Attorney General Daniel Lungren, Attorney General OPINION
No. 93-1205, May 12, 1994, page 6. footnote 7. "A separate
aspect of this question concerns the local coastal program for
the area of the Irvine Company's development and requirements
imposed under the California Coastal Commissions."—"The
Commission's staff has determined that placing a toll booth at
Newport Coast Drive will not violate any requirements imposed
under the Coastal Act of 1976. We have been presented with no
evidence or legal arguments requiring a contrary conclusion."
The history of this footnote 7 is found
in [my exhibit 11] as mailed to
me by A.G. officer Rodney Lilyquist, Esq. "Ron, I believe
this is the letter we relied upon for footnote 7. Rod."
My research exhibits 11 to 13
list different high quality documentation with Mr. Damm's name
on them, which clearly call out an LCP Road Mitigation. Why was
false information given and this critical LCP question not authenticated
by the Attorneys General's Office?
The Seminal Question Is: Whether Pelican
Hills Road, now called Newport Coast Drive from Pacific Coast
Highway in the Coastal Zone to MacArthur Boulevard outside the
Coastal Zone, is actually called out in the original Irvine Coastal
Development Agreement & LCP Findings as Road Mitigation.
WHICH IT IS AND NEGATES TOLL CHARGES.
The A.G. Opinion 93-1205 footnote 7 opined
that there was no Coastal LCP Issue, allowing the County of Orange
and the San Joaquin Hills Transportation Corridor Agency (TCA)
to toll part of Newport Coast Drive in carrying out their own
parochial/ alter-ego toll road partnership plans. The TCA plans
to toll were revised, approved, and certified on October 17,
1988 [ my exhibit 30 ] AFTER the
original "Irvine Coast Development Agreement County of Orange
& … continued
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