City officials predicted fireworks, erecting La Jolla’s first police surveillance cameras just days before San Diego Superior Court judge Yuri Hofmann gave a tentative ruling Tuesday on the fate of the harbor seal colony living at La Jolla’s Children’s Pool. “[The judge] gave a tentative ruling on how he’s likely to rule,” said Deputy San Diego City Attorney George Schaefer. “He stated that the seals must be removed immediately.” Hofmann heard an argument to disperse the seals by Paul Kennerson, attorney for swimmer Valerie O’ Sullivan, who first sued the city for allowing the marine mammals to interfere with citizens swimming and diving — a lawsuit Kennerson first won by arguing that the seal colony hindered the purpose of the Children’s Pool 1931 Ellen Browning Scripps trust. But San Diego City Attorney Michael Aguirre argued that the original ruling — decided by Judge William Pate — said nothing about dispersing seals. Seal activists and divers and swimmers continued to clash recently at the Children’s Pool, said police officers with the San Diego Police Department (SDPD). So the SDPD installed a tower fitted with four cameras overlooking the cove housing the seal colony days before Hofmann’s decision. Police said they will continue to make regular drive-bys at the Children’s Pool to monitor the situation. Meanwhile, Hofmann listened to the attorneys’ arguments, taking them under submission, said Bryan Pease, the Animal Rescue and Protection League’s SealWatch attorney. But the judge made a tentative ruling that the city must disperse the seals, Pease said. “[Aguirre] had two arguments: first, that the original injunction by Judge Pate made no reference to the seals and it’s improper to remove the seals without modifying the injunction,” Schaefer said. “Also, on behalf of his client, Kennerson had to produce evidence that a permit [to disperse seals] was unnecessary.” Aguirre told Judge Hofmann that Kennerson did not produce enough evidence to force the city to disperse a seal colony protected under the Marine Mammal Protection Act, Schaefer said. Attorneys for the city, Animal Protection and Rescue League’s SealWatch, and Kennerson have battled for years regarding the harbor seal colony at La Jolla’s Children’s Pool. Pate’s previous ruling required the city to dredge the beach and return the area’s water bacteria levels to their previous 1941 levels, according to Pease. Recently, litigation heated up when Kennerson began holding the city legally responsible for the dredging portion of Pate’s order from the 2004 lawsuit, which the city was given six months to complete. Now, Kennerson said, the only way to decrease water bacteria levels is to remove the seal colony. “The judge said that he agrees with me,” Kennerson said. “People have to understand that this case has been to every state level and federal level.” “A judge can order the city to do anything,” Schaefer said. Schaefer said the city attorney’s office plans to appeal Hofmann’s decision if he orders the city to disperse the seals. The original order only talked about dredging the sand, he said. “It requires cleaning the water and reconfiguring the beach by removing the sand. A judgment is a judgment,” Kennerson said. Kennerson and Schafer said they expect Hofmann to send his order soon in writing. “Aguirre said our office will be filing an appeal if we’re ordered to remove the seals, but if we’re not successful we’ll have to comply,” Schaefer said. Hofmann scheduled another hearing for Friday, Oct. 24 at 1:30 p.m. Schaefer said the judge wants an update on dredging permits from the city, and the city attorney’s office said it will attempt to remove Kennerson’s client, who moved to New Zealand, from the case.