Hearing on 241 Toll Road appeal set

Thousands are expected to return to Del Mar on Sept. 22 for the appeal of the California Coastal Commission’s rejection of an extension of the 241 Toll Road though an ecological preserve and a state beach.

The National Oceanic and Atmospheric Administration will conduct the appeal in the O’Brien Hall at the Del Mar Fairgrounds, where the Coastal Commission hearing drew an estimated crowd of more than 3,500. NOAA is an agency of the U.S. Commerce Department charged with the conservation and management of coastal and marine resources.

“Considering the turnout for the last [hearing], it makes sense to have a venue that large,” Councilwoman Toni Iseman said by phone from Denver, where she is attending the Democratic Convention.

She did not consider the relocation a drawback.

“People opposed to the toll road will get there,” Iseman said. “We are just glad for an opportunity to be heard. The facts are on our side.”

The Transportation Corridor Agency claims that the extension is vital to reduce traffic congestion in south Orange County. TCA filed the appeal with the Secretary of Commerce in February 2008 after the California Coastal Commission denied the proposed extension of the toll road through San Onofre State Park.

Environmentalists applauded the commission decision. Surfers were overjoyed.

Under the terms of the Coastal Zone Management Act, the commission’s denial prevents federal agencies from issuing licenses or permits for the project, unless the Secretary of Commerce finds that the project is consistent with the objectives of the act or necessary for national security, according to a news release issued Monday by NOAA. The state commission’s denial can be overturned if either finding is made.

The Laguna Beach City Council has been on record since 2006 in opposition to the extension, but neither official written comments nor official representatives are planned on behalf of the city at this time, City Manager Ken Frank said.

“Individual council members could attend and speak,” Frank said.

Anyone who wants to speak at the hearing must submit a written request, no later than Sept. 12, to Thomas Street, Attorney Advisor, NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910.

No late requests will be considered.

However, registration does not guarantee microphone time, NOAA spokesman Aston Franklin said. He suggested that even registered speakers might be wise to write down their comments in case the hearing is closed before they make it to the podium.

“Written comments will be accepted at the hearing and up to 10 days after the hearing and considered,” Franklin said.

Comments may be mailed to the attorney advisors address in Silver Spring or e-mailed to gcos.comments@noaa.gov.

The appeal was originally scheduled to be heard July 25 on the UC Irvine campus, but university officials felt compelled to cancel the event when it appeared the crowd would exceed the throng that showed up for the commission hearing.

“When we began to get calls asking where to get lunch for 500, we said ‘Whoa!,’” university spokeswoman Kathy Lawhon said. “We couldn’t limit the crowd by [issuing] tickets because it is a public hearing.”

When NOAA was informed of the cancellation, staff began a formal procurement process to identify a site and event planner, factoring in cost and location, spokesman Anson Franklin said.

Top of the World resident Johanna Felder did not believe the Del Mar location would daunt Laguna Beach opponents to the extension.

“I think it’s great that it’s in the same place; we all know how to get there,” Felder said.

Felder was among the large contingent of Laguna Beach extension opponents who attended the Coastal Commission hearing, also attended by Mayor Jane Egly and Iseman.

The meeting procedures will remain the same, regardless of the venue.

Priority will be given to elected officials, followed by individuals representing organizations or tribes and the general public “” one speaker per organization or tribe. Speakers are encouraged to avoid duplicating testimony.

Elected officials will be given five minutes to speak. The general public will be limited to three minutes each.

Time limits will be strictly enforced.

The hearing is scheduled to begin at 10:30 a.m. and end promptly at 8:30 p.m. The meeting will break at 2 and 5 p.m. for 30 minutes. Other recesses may be called as necessary by the hearing officer.

No testimony or presentation by the representatives of the Foothill/Eastern Transportation Corridor Agency or California Coastal Commission is anticipated by NOAA or requested.