Supporters of harbor seals are countersuing the City of San Diego to require that it hang a protective rope around part of the beach at the Children’s Pool as the beginning of pupping season passes by.
Dec. 15 marked the start of a protective season for seals at Casa Beach “” a landmark established as the Children’s Pool in 1930 by Ellen Browning Scripps, when she paid for a seawall to be erected at the site so that children could learn to swim there.
San Diego City Council discussed a proposal in 2006 to annually erect a rope barrier from Dec. 15 to May 15 to create a buffer between humans and the seals for their birthing season. That year, the council and the office of the city attorney installed the rope on an emergency basis, obtaining the required permits as soon as possible.
When it was time to install the rope for this year’s pupping season, a number of permits were needed. The City of San Diego Park and Recreation Department brought the required poles and signs to the beach but didn’t install them, said Dorotea Valli, coordinator of Seal Watch for the Animal Protection and Rights League.
The La Jolla Community Planning Association had the issue on its agenda earlier in the year but tabled the discussion because of a lawsuit filed by Valerie O’Sullivan. It decided to wait for a decision in the case in which she and several other swimmers were cited for swimming into the cove in March 2003, causing the seals to flee. But now the decision to install the protective barrier rests on the LJCPA’s meeting this evening, Jan. 3, wherein a vote will be passed to a Jan. 9 hearing in council chambers for the required permits.
“This vote will be on whether or not we support the installation of a rope barrier at the Children’s Pool during pupping season while the city prepares to return the Children’s Pool to the children’s pool,” LJCPA President Tim Golba said.
Decades after city crews installed the cement breakwater to minimize waves so that the area would become more conducive for children to swim, the harbor seals began moving in, establishing the area as an annual birthing place.
Years later, locals began their fight with animal rights groups over territory rights. Because the seawall doesn’t allow bacteria to move out with the tides, the entire area has become too polluted to swim in.
O’Sullivan brought suit against the city to restore the children’s pool to its original 1941 trust condition. Presiding Judge William C. Pate ruled for O’Sullivan. In September, the city took the case to the state supreme court, which upheld Pate’s decision, concluding that dredging must take place to reduce bacteria levels and bring the area back to the original state.
It will cost the city between $250,000 and $500,000 to dredge the sand that has built up at the Children’s Pool, plus an additional $50,000 for maintenance every three to five years.
“That money would need to come out of the park’s budget,” said Pam Hardy of the office of District 1 City Councilman and Council President Scott Peters.
Although Peters had been against the appeals process, Hardy said he was in favor of joint human/seal use at the Children’s Pool.
Meanwhile, the city attorney’s office will be back Friday in front of a judge to go over the guidelines about the rope around the seals.
“The purpose on Friday is to get clarification from a state judge regarding Pate’s decision,” said Brian Pease, attorney for Seal Watch.
Although Pease and Seal Watch aren’t involved in Friday’s case, they have filed a countersuit against the city to reverse the terms of the original 1941 trust, invalidating a tidelands grant.
“Pate’s decision can’t be overturned,” Pease said. “His interpretation of the trust stands. We want to overturn the trust itself.”
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