La Jolla Seal Controversy

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Ellen Browning Scripps Trust

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PROOF THE SEAL COLONY WAS BUILT AT CHILDREN'S POOL
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Seal Release A Children's Book:
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You notice there is no blog on this rather dry format?
Check the Childrenspool.com

We are often asked “What is going on with Children’s Pool?” 
  The short answer is: A contention between animal rights activists and civil rights.

On Feb 17th 2009 the City Council heard a proposal by the City Attorney to ask Senator Kehoe to introduce SB428 to amend the Children’s Pool Trust. The stated intent was to preclude standing court order to restore Children’s Pool to its original granted condition.  After public comment, the City Council members formulated a response.   This can be reviewed on City video archives at http://granicus.sandiego.gov/ViewPublisher.php?view_id=3  by choosing the 2/17 date and hitting “Video”.   Move the slider to time mark to about 4:40.

Deliberation began with a statement by Donna Frye that “It is very important that divers continue to have access”.   Councilperson DeMaio joined her in concern the amendment contain City discretion to ensure public use could continue.  They worked out the wording and the City Attorney was asked to contribute to make it just right.  That is found in the minutes of that meeting.

   The City Attorney said he would take that to Sacramento and work with City lobbyists there, and it seems he did. 
Ten days later, Kehoe introduced the bill, with the wording it now contains.


 SB428 amended the trust, to put in front of “public bathing pool for children”, the additional stipulation “marine mammal park for the education and enjoyment of children”.   The City maintains that means it has full discretion then to control Children’s Pool and so the previous ruling is moot. There was no discretion in the amended trust though. the wording is contradictory but it did the trick. Nobody has the stamina to take a new case against the City to the State Supreme court again.   Is is so bad? Nobody wanted the seals to leave anyway, we just wanted the eco-bullies that rule the sidewalk to go away. Trouble is, they are emboldened now and freely intimidate the public with their tactics. They are determined to the trust now allows them to drive the public off the beach, and the City has created a monster it cannot face.

The law SB428 made is based on the Public Trust Doctrine (".....these are publicly owned lands held in trust for water-related public needs") but stretches it to say ANY agreement or contract or trust California enters into about tidelands is volatile, and can be rewritten at the whim of a new administration. So where the City asked for a law that would give it discretion and end all legal challenges, it got the same trust back, with a new conflicting stipulation. The City may have a larger than ever legal battle to support. It will take years to find out.

We answer the following "Frequently Asked Questions” below. Do you have one?

1. Why are you people so stubborn and selfish?
'Scuze me - citizens want to share the beach, per City policy. but the City is supporting special interest groups who won't.
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History of the loss of Children's Pool by the public:
THE CITY WAS ORDERED IN 2005 TO: : " ....restore the Pool to its 1941 condition by removing the sand build-up and further to reduce the level of water contamination in the Pool to levels certified by the County of San Diego as being safe for humans." (The Order, bottom lines)
65 years of accumulated sand was to be removed and the source of water contamination shooed away.

If you like to read evidence: Check this.

CLICK to see the ammended Trust
CLICK to view O'Sullivan appeal decision the City lost
CLICK to see 31 page original O'Sullivan judgment 3 1/2 years ago
CLICK to see the City of La Jolla's FAQ's regarding The Children's Pool in La Jolla


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 water quality and safety.

FACILITATE cleaning the beach and adjacent areas as to make it attractive for human use, including elimination 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

 

 

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Email us at info@friendsofthechildrenspool.com