Harbor seal activists lost an important battle over a rope that would protect the mammals during their birthing season at the Children’s Pool in La Jolla, so the city of San Diego moves on to the next step in the process of restoring the beach to its original condition, as ordered by the state supreme court.
Although activists fought for a rope to protect the seals during their pupping season by attending meetings to issue permits ” a process bypassed last year because the City Council voted the rope barrier was an emergency ” the issue became moot Friday when a judge denied a motion to “clarify” the rope issue.
Judge Yurri Hoffman cited the O’Sullivan case and declined to look at any new evidence, quoting the previous court’s findings regarding the rope.
“The next biggest cause of actual or constructive closure of the Children’s Pool was the city’s decision to erect a rope barrier cutting off public access to the Pool,” Hoffman read. “On March 29, 1999, the City Council … voted to rope off the Pool. In doing so, the city breached its obligations under the Trust, as trustee of the Children’s Pool.”
But last week’s La Jolla Community Planning Association meeting played host to opposition groups surrounding the seal issue, from seal activists to divers to residents.
All sides focused on semantics regarding the rope, hoping the different terminology would influence the group’s vote, which was to have advised a Jan. 9 permit hearing.
In a court ruling and on the group’s agenda, the rope that would surround the seals was referred to as a “rope barrier.”
“The rope shouldn’t be called a barrier ” it should be called a guideline,” said Dorota Valli, seal watch manager for the Animal Protective Rescue League.
After some discussion on whether the rope was a barrier or a guideline to discourage the public from harassing the seals, violating the Marine Mammal Protection Act, a federal law that makes it a crime to disturb them, the discussion became heated.
“This is the first time La Jollans have had a say in what happens at the Children’s Pool,” said John Lee, resident of La Jolla.
Local divers spoke out against the rope, saying it is hazardous for beginners.
“With the rope up, there is a potential for tripping and the city has a liability issue,” SAID WHO???
Then LJCPA board member Phil Merten recommended denial of the rope. The motion was passed, and the board “recommended a denial for a rope barrier.”
The next step for the city, regarding the Children’s Pool, is to comply with the court order. The Engineering and Capital Projects Department is currently in charge of the environmental impact report, said Keely M. Sweeney, representative and policy analyst for District 2 City Councilman and Council President Scott Peters.
“Right now it’s being worked on by the mayor’s staff,” Sweeney said. “There’s no policy left to be made [regarding the rope] and staff is now working on how to follow the court order.”
In 2005, the ruling said the area needed to be cleaned up. That court order still stands and the city has to figure out a way to reduce the bacteria levels in the water.
The city is trying to figure out a way to do that in the most environmentally sensitive way, Sweeney said.
While the mayor’s staff works on the EIR, which will propose various options for reducing the levels of bacteria to restore the Children’s Pool to its original trust condition, as required by the court order, the pupping season continues until May.