La Jolla Seal Controversy

Legal Documents

Seals, Sharks, and us

Ellen Browning Scripps Trust

Public Health

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MISSION / HOME
PHOTO GALLERY
SEAL REHABILITATION
HISTORY
WATER SAFETY
WITH RESPECT TO THE ENVIRONMENT & SEALS
SCIENTIFIC STUDIES
CITY OF SAN DIEGO REPORTS & LETTERS
FEDERAL REPORTS & LETTERS
WHAT DO SEALS REALLY THINK OF DIVERS?
Press Releases
HARASSMENT EMAILS
COMMENTARY
HOW TO DEAL WITH CONFRONTATION
video of APRL defying police
TIMELINE
PROOF THE SEAL COLONY WAS BUILT AT CHILDREN'S POOL
Take the harbor Seal Quiz!
Seal Release
A Children's Book:
The Tale of Silly Seal

 

 

There has been shared human-seal use at the Children’s Pool since seals ventured onto the beach in the early 90's. For decades locals and visitors had enjoyed swimming with harbor seals that called Seal Rock home, an outcrop  about 100 yards east of the Children’s Pool.  Two things upset this balance and caused the harbor seal population to increase:  the release of repatriated seals by Sea World directly off shore and the resulting increase in fecal contamination which caused the County Health Department to declare the beach unfit for swimming.  A few years of closure encouraged seals to move from Seal Rock to the Children’s Pool beach proper and for out of town activists to begin terrorizing visitors on the Children’s Pool beach.

Feb 24th the City Council did nothing surprising in repeating the vote of 2010 to direct the City Attorney and Park and Rec to close the Chldren's Pool Dec 15 to May 15 forever. Difference is they have learned they have to try in August to get a Coastal Permit to punch a hole in the La Jolla Local Coastal Plan protecting access there. Then they have to further ask the Coastal Commission for a permit to start the beach closure next December. And hope the Coastal Commissin does not mind there are 2 rookeries now, and San Diego is saving the other for yet another encroachment. Maybe there will be that in December, but until then, CP is still an open public beach with City signs saying "Welcome to the Beach, Share with the Seals"

The only unbiased group that has witnessed these changes are City lifeguards.  They, more than any other group, can bear witness to the vitriol visited on individuals and groups who wish only to share the swimming beach with harbor seals as they have for decades. The lifeguards understood the needs at the Children's Pool, including staying within the State Land Grant Trust , the Coastal Act, and the Local Coastal Plan. This need included seasonally adjusted sharing that allowed a protected area for seals and access to the water for both species at all times.

Jan 2014, the Federal Agency for marine mammal protection wrote to the City and the Coastal Commission to state there is no need to close Children's Pool Beach and the City should re-invent shared use. Letter, Jan 2, 2014

This is how it would work - In the summer: Click here for a large picture seals prefer to remain offshore when the sand is too hot for them.
In the winter season: Click here for a large picture seals spend more time ashore, and would be given the lion's share of the beach. Click on the original explanation

False statements by obstructionists are easily countered, as noted below.

1. Solid barriers would not contain seals. Boundaries show where PEOPLE cannot go. Lifeguards suggested boulders because they blend in to the existing environment and endure storms and tides.

2. People respond to force of law. The boulder barrier can be legally enforced (for people) and so be better seal protection than ever before.

3. No City employee, including lifeguards, would be required to shoo exploring seals back into "their territory". Seals go where they please. Only people read signs.

4. Cost is less than a closure permit. With some shore access preserved, the Plan does not require changing the Local Coastal Plan or violating the Trust or Coastal Act. There have been no objections from the Coastal Commission because total beach closure is avoided.

5. Markers need not extend below the mean tide line to be effective.

6. Ropes and sawhorses (sample picture)  have also been suggested. Water or sand filled plastic barrels would be less expensive than natural boulders and would endure even against the tides.

7. Seals are intelligent and quickly observe where people do not go. They can, if they wish, choose to use all the protection their sanctuary provides, or not . Illustration.

8. The City can mitigate any federal conflict by applying for an Incidental Harassment Authorization. It has obtained one allowing the City to frighten seals with construction noise now. (It didn't frighten them) No federal legal distance from a seal exists. The City recently installed a gate in a City installed fence near the Cove to allow people access to sea birds and sea lions.  No incidental Harassment Authorization was needed for this action.

9. Seals also pup on South Casa Beach. That choice is their right. Click on illustration.

The lifeguard proposal has been ignored by the City. Instead, they made a horizontal rope barrier across the beach area year round. Click here for a large picture. Seals often choose to voluntarily join swimmers and beachgoers.  People will honor a lifeguard type boundary more than do the rope because lifeguards are good teachers; it was their suggestion and one which they have a vested interest in.
Check the new website where a button will send your petition to the Mayor.
If you would help prevent barring citizens from our public beaches, press the Donate button above, or use your own PayPal account, to email address focp@san.rr.com.
The La Jolla community deserves an end to this conflict and the City of San Diego needs to finally adopt an approach to properly care for and clean up after the seals while respecting the needs of its citizens and directives of the original intent of the Children’s Pool Trust document.
Despite what you may have heard, there is no plan to make our seals leave. Seal presence is protected by State and Federal law and we like them.
San Diego decided in 1999 to keep the seals by instituting Shared Use rather than make them leave.
That's ok, except animal rights activists with control issues have a goal of total beach closure.
These radicals have bullied people off the beach and bullied our City Government with punitive lawsuits.
 State courts once directed the City to restore Children’s Pool to the splendid gift it once gratefully accepted from Ellen Browning Scripps on behalf of the Children of San Diego.  The City Attorney took an activist attorney’s suggestion and altered the trust to transfer the value of the beach to the benefit of the trustee; the City, to the detriment of the beneficiaries - the Children.   Such is the character of our City leaders.
There is a historic alternate route to the beach: the ramp that was closed 17 years ago. We found that ramp to be shown in the Local Coastal Plan as historical access and demanded it be unlocked. It was unlocked in August 2011 and then a shroud welded over the lock to make it more impenetrable than ever. There has never been a coastal permit for that action. Disabled Americans under federal ADA directives dictate that access must be provided rather than closure with an iron gate.
Here is A VIDEO of what the Planning Commission was provided to show seals are not terrified of divers. Check more videos and see what happens when humans share the seals' real habitat - the water. http://www.sddivers.com/Seal%20Videos.html

Do you care? Would you contribute to needed legal defense in the face of City Hall outrages?
Only if forced, will they consider better alternatives. Such as: The Lifeguard Union plan.

(Check the new website, where you can send a petition to the authorities).

ALSO Visit REFUSE 2 B ROLLED.com .....Or maybe FRIENDS OF THE CP.com

If you would help prevent barring citizens from our public beaches, press that gold Donate button above, or use your own Paypal account, to focp@san.rr.com. The button also allows credit cards.
The year round rope barrier is not a done deal! Our appeal has not yet gone to court.

The beach legally still remains open public land as it has been since 2004. But Filner's evil plan lives on.

 Just a rope extension last year was so blatant the City Attorney had sent out a Memorandum of Law advising of the perils of legal liability.    He was ignored.   We filed that memorandum with our case.   The Coastal Commission chose not to protect the public, so it was "do or die" for Coastal Beach Access.  The Coastal Commission had stipulated earlier CP was under its exclusive jurisdiction .    La Jolla Cove will be easy to set aside next for a sea lion reserve. South Casa beach is a seal rookery now, where seals bear and bring their pups to be with people, showing their trust.

Anybody can still go anywhere on CP beach that does not disturb a seal, regardless of any rope across it. The public is intimidated by a sham. The City Planning Commission was sued twice for doing its job analyzing the rope correctly as an illegal impact on public access. The City Attorney abandoned his client and confessed error to the court for them.  His office announced it would present no evidence or argument to defend them, so we had to intervene in court. Do you wonder that the Planning Commission did not oppose this ESHA proposal? We can win this one with your help($).

We ask there be real Shared Use, and enforcement of existing law to facilitate it. The City can't afford to continue its legal misadventures that violate the 1931 Trust and the Coastal Act. We have to share. It can work. Most people learned to share in kindergarten.  

Despite what you may have heard, there is no plan to make our seals leave.
Their presence is protected by State and Federal law and we like them.

San Diego decided in 1999 to keep the seals by instituting Shared Use rather than make them leave.
That's ok, except animal rights activists with control issues demand beach closure at any cost.
They have bullied people off the beach and bullied our City Government with punitive lawsuits.

There was a historic alternate route to the beach. The ramp that was closed 17 years ago. We found that ramp to be shown in the Local Coastal Plan as Historic Access and demanded it be unlocked. It was unlocked and used in August 2011 and then a shroud welded over the lock to make it more impenetrable than ever. There has never been a coastal permit for that action. It is now further barricaded because a paraplegic swimmer was slid under the gate so he could access the beach, showing ADA access by the ramp was feasible and so required. But chain link is cheaper that repaving 50' of historic access ramp. The City is always thinking. (Of money)

Here is A VIDEO the Plannng Commission saw, to show seals are not terrified of divers. Check more videos and see what happens when humans share the seals' real habitat - the water. http://www.sddivers.com/Seal%20Videos.html

There is a controversy at Children's Pool beach, but not about seals.

Mission Statement

This site is intended as a public resource for facts surrounding the La Jolla Children's Pool controversy

THE MISSION : TO UPHOLD HISTORIC DECISIONS AND PROTECT OUR BEACHES FOR FUTURE GENERATIONS

FRIENDS OF THE CHILDEN’S POOL is organized to:

EDUCATE the public as to the use of the Children’s Pool in accord with Miss Ellen Scripps charitable intent in 1931 in order to protect La Jolla Children’s Pool surroundings as a public park, a bathing pool for children and public recreational usage in accordance with chapter 937 of the attached deed of trust between Miss Ellen Browning Scripps, the State of California and the City of San Diego, county of San Diego.

PUBLICIZE the return of the Children’s Pool to public recreational use.

PROMOTE public access per the Trust, the Coastal Act, the State Constitution, the Public Trust Doctrine.

FACILITATE cleaning the beach and adjacent areas as to make it attractive for human use, including removal of rodent, destructive and invasive species.

STATEMENT FROM THE FOUNDERS

The name says it all... The Children's Pool was created specifically for the children to learn ocean swimming and appreciation of a wonderful water resource.

Occasionally, there are events that occur during the events of our daily lives that force us to take action to preserve the rights guaranteed to us under law and by historical tradition. The Children's Pool is just such a cause. It combines the aquatic education, outdoor recreation, clean water and environmental responsibility all equally under attack. Designed, built and dedicated by the namesake and benefactress of La Jolla , Miss Ellen Browning Scripps, for the specific purpose of aquatic education and recreation and the natural appreciation of the environment, challenges by radical environmental groups (ie., seal activist groups ) falsely target this resource.

We feel it is our duty as citizens and ocean enthusiasts to hold the line against radical extremists that would destroy our traditions, dramatically degrade the environment and violate the Trust, in rule of law, which has recently been upheld in court (see BREACH OF FIDUCARY DUTY page 27 ).

It is ironic that those who claim to represent environmental interests have created one of the most environmentally polluted and unnatural settings along the California shore. The extraordinary high concentration of pinnipeds in this man-made setting has caused a well designated status among California 's most polluted beaches. The fecal colon count has reached dangerous levels and will continue to increase as population densities of harbor seals continue to soar. It is also confounding that so-called environmental proponents would focus on the rights and propagation of the pinnipeds at The Children's Pool while ignoring the underwater desert being created by the voracious appetites of this unnatural pinniped population.

Are you unwilling to visit Children's Pool Beach because you might get yelled at, or taunted, or who knows what? Complain to the City. Click here. Or just drop a line about what you know at harassed@san.rr.com

See what kind of cruel and ignorant propaganda is posted against honest seal protectors

 

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Email us at focp@san.rr.com