In August, La Jolla Parks and Beaches, Inc. grappled with vexing issues including proposed fencing in public view sheds and sidewalk vending.
A request to parks planners for a letter supporting a higher fence barrier at Bandera Overlook in Bird Rock sparked a debate over preservation of public view sheds vs. security and private property rights.The ensuing argument pitted La Jolla attorney Matt Peterson representing Bandera Overlook property owners, versus Bird Rock residents opposing a proposal to erect a 6-foot-high fence there.
Peterson argued the city needs the higher fence to protect itself against legal liability, while the property owners need it to dissuade irresponsible people from climbing walls of homes adjoining the overlook and trespassing onto their private property.
Bird Rock Realtor Trent Wagenseller argued that increasing the 3- to 4-foot height of a standard fence to 6 feet at the overlook “would obliterate the view coming down Forward Street.”
Noting the overlook “is unsafe and unstable at the end of the path,” Peterson said, “This is what the city has to do to protect itself.” He added his clients have experienced numerous instances of people scaling their property walls to trespass. “We need the 6-foot fence to protect the public from itself, the city against liability and my clients’ property from vandalism and damage,” he said.
LJPB board member John Leek opposed a new 6-foot wall claiming, “It would be a violation of the Coastal Act under the [California] Coastal Commission.
“I think we should keep the 4-foot fence and support the Bird Rock community and its residents down there,” said board colleague Tom Brady.
Longtime La Jolla parks planner Sally Miller said she and others “have worked so hard on these view corridors, putting them into the community plan to preserve and protect them for posterity for all to enjoy.”
The group voted unanimously against having any fence constructed at Bandera Overlook in excess of 4 feet in height.
Acting chair Bob Evans reported on the latest developments with city efforts to redefine SB 946, which relaxed restrictions on vending on sidewalks and public parks. SB 946 allows local jurisdictions to “customize” the law to fit their specific areas.
Evans is promoting four changes to draft language in a new city ordinance that would restore sidewalk vending restrictions.
“I proposed ending vending year-round at Scripps Park and Children’s Pool, not just during summertime,” he said. “Also I proposed no sidewalk vending, including T-shirts, as well as limiting vending in all La Jolla shoreline parks, including Windansea.”
Evans added the city is “amending their draft ordinance to be presented to the City Council in September or October for approval.”
Defining vending as “any transaction in which money is taken or negotiated,” Evans added, should a new city vending ordinance be passed, it could be enforced by park rangers, lifeguards, the department of San Diego Health & Human Services, and police.
In other action: LJBP board member Judy Halter said proceeds from the Sept. 8 La Jolla Cove Swim will be used to bring back four Sunday summer concerts to Scripps Park in 2020.
