Children's Pool Beach

Coordinates: 32°50′51″N 117°16′42″W / 32.847638°N 117.278433°W / 32.847638; -117.278433 Children's Pool Beach, also known as Casa Beach, is a small sandy beach located at 850 Coast Boulevard, at the end of Jenner Street, in La Jolla, California.

Waves crashing against the sea wall at Children's Pool

A sea wall built in 1931 protects the beach from waves, making it a favorite spot for divers and swimmers. Before the sea wall was built, there was a shallow water area between a large rock and a mainland bluff called "Seal Rock Point." The sea wall was built on top of several rocks, across the channel.^[1] It is topped by a paved walkway protected by railings.

Local philanthropist Ellen Browning Scripps paid for the sea wall project in order to create a Children's Pool, a place where children could play and swim protected from the waves. Ms. Scripps gave the completed project to the City of San Diego. The gift was confirmed by an act of the Legislature, signed by the Governor in 1931, which says that "said lands shall be devoted exclusively to public park, bathing pool for children, parkway, highway, playground, and recreational purposes", while specifying that the area should remain available for fishing.^[2]

In the more than seventy years since the sea wall was built, roughly three quarters of the pool area within the sea wall has filled up with sand, greatly decreasing the protected area available for recreational swimming.^[3]

Seals and sea lions

More than sixty seals resting on the sand at Children's Pool, October 2005

Aerial view of the pool, May 2011, with over 200 seals on the beach

History

Seal Rock, 100 yards (91 m) north of the beach, has always been home to a seal population. The first mention by the city council of seals in the area was in 1992, when it was noted that the population of marine mammals and particularly harbor seals had been increasing over the past 10 years. In November 1992 the city created a Marine Mammal Reserve in the Seal Rock area. The Reserve was created for a 5-year period and later renewed for a second 5-year period. The boundary of the reserve extended almost to the seaward entrance to Children's Pool.^[4] State agencies expressed conflicting opinions about the legal ability of the city to create this reserve.

In 1994 some seals were observed to haul out on Seal Rock but no seals were seen on the beach at Children's Pool, according to a report by the National Marine Fisheries Service. By 1996 twice as many seals were using the beach as were using Seal Rock. Seal pup births were observed at Children's Pool for the first time in 1999. The NMFS attributed the change to the increase in the local seal population, an increase which had been observed all over the west coast.^[5]

In September 1997 the city closed Children's Pool to swimming because of "continuously high fecal coliform counts". The high bacterial count was later confirmed to be caused by "a seal excrement overload". At that time a discussion began about whether the seals should be removed from the Children's Pool beach. A controversy developed over the purpose of the beach. Some wanted it to be treated as a marine mammal sanctuary, while others wanted to preserve it for recreational swimming. The California Coastal Commission ruled that Children's Pool cannot be used as a marine preserve and must remain open to public access. In February 2000, the National Marine Fisheries Service said it intended to manage the area as a "harbor seal natural haul-out and rookery".^[6] In February 2003 the NMFS told the city it could not intentionally harass the seals at Children's Pool in order to remove them but could undertake activities that might temporarily displace the seals such as a dredging project to improve the water quality at Children’s Pool.^[7] In 2004 the NMFS said the matter was "a local issue for the city to resolve" and that the city can remove seals it considers a nuisance (i.e., presenting a public nuisance or causing a public health hazard^[8]) from the beach if it chooses to.^[9]

As of late 2009 about 200 harbor seals use the beach regularly. The seals have become a popular tourist attraction.^[10]

Legal actions

Various lawsuits, appeals, and state laws have been filed over these issues. On August 25, 2005, the judge hearing the case O'Sullivan vs. City of San Diego ordered the city to "employ all reasonable means to restore the Pool to its 1941 condition" by removing accumulated sand and solving the bacteria problem. The order was unanimously upheld by a 3-judge appeals court in 2007.^[11]

In July 2009 the governor of California signed legislation, authored by state senator Christine Kehoe, modifying the uses the beach could be put to. The legislation specified that in addition to the original list of uses, the beach could also be used as a marine mammal sanctuary, and it gave the San Diego city council the power to decide. Effective January 1, 2010, the San Diego city council will be able to make the area an official seal sanctuary if it so chooses. The city council has stated its intention to keep the area a seal sanctuary rather than disperse the seals.^[12]

However, also in July 2009, Judge Yuri Hofman ordered the city to begin removing the seals from the beach by July 23 or face heavy fines.^[13] The city asked for a stay, and the judge set aside his own order just hours before the deadline. He scheduled a new hearing for October 6, saying the new state law warrants another hearing so that the matter can be sorted out.^[14] On September 22 the judge transferred the case to Judge Timothy Taylor in response to a challenge from a pro-seal attorney regarding Hofman's ability to rule fairly in a related lawsuit. On September 28 Judge Taylor announced that the October 6th hearing is being moved to November 13.^[15]

On November 13, 2009, Judge Taylor decided the city would not have to disperse the seals, overturning the previous judicial orders. He said those decisions were correct when they were issued, but that the state legislation signed in July makes it illogical now to force San Diego to get rid of the established colony. The effect of his decision was to allow the seals to stay, pending city council action in January 2010 when the new law takes effect. The decision could be appealed, but the attorney who has been leading the efforts to remove the seals was noncommittal, saying that "This could be the end of the line."^[16]

In April 2010 the city council's Natural Resources Committee approved a plan which would close the beach to the public from December to May and install a rope barrier year-round. The proposal would also ban dogs from the beach and seek funding for a regular patrol of the area.^[17] The proposal was ratified by the full City Council in May 2010. The proposal is not yet law; it is still subject to permitting, environmental review and possible review by the Coastal Commission. Meanwhile the current policy remains in effect, allowing shared use of the beach by humans and seals, with an advisory rope barrier during pupping season.

On Friday, June 3, 2011, a judge ruled that the rope barrier intended to keep visitors away from the seals at Children’s Pool beach can be removed, throwing out a preliminary injunction.^[18]

Situation at the beach

Lifeguards and seal advocates monitor the beach area. Swimming is allowed but not recommended due to the high Coliform Index.

The City has maintained a rope barrier from December 15 through May 15, so that pregnant seals can rest and give birth on the beach without humans coming too close and frightening them. Pupping season is officially mid January to mid April.^[19] However, the appellate court ruled in 2007 that the barrier is illegal. In 2008 a federal appeals court judge gave permission for the city to reinstall the rope.^[20] The rope barrier is "advisory", with an opening for the public to pass through as mandated by the Coastal Commission.

Some seals on the beach are acclimated to people and may play with swimmers and divers. However, the city lifeguard service warns that "Like all wild animals, seals and sea lions are unpredictable and can become aggressive quickly. They have sharp teeth and may bite, particularly if cornered or harassed." Sea lions in particular are territorial and can be aggressive, and should be given a wide berth.^[21]

The San Diego Police Department says that police have responded to "numerous calls for service at Children's Pool involving alleged incidents of threatened assault and intimidation" between seal advocates, swimmers and divers, and that in some cases citations have been issued or people taken into custody.^[22][23] A La Jolla man was indicted for sending e-mailed death threats to a seal advocate who was videotaping interactions between divers and seals, and to the Animal Protection and Rescue League.^[24]

References

1. ^ Pages%20from%20v51-3_HistoricalSociety.pdf
2. ^ 1931-08-14-tidelands-grant.pdf
3. ^ O'Sullivan vs. City, page 11-12
4. ^ O'Sullivan vs. City, page 7
5. ^ O'Sullivan vs. city, page 11, page 15
6. ^ O'Sullivan vs. City, page 15
7. ^ O'Sullivan vs. City, page 16
8. ^ O'Sullivan vs. City, page 18
9. ^ La Jolla Light, May 4, 2009
10. ^ San Diego Union Tribune, November 13, 2009
11. ^ San Diego Union Tribune Sept. 8, 2007
12. ^ San Diego News Room, July 20, 2009
13. ^ San Diego Union Tribune July 20, 2009
14. ^ San Diego Union Tribune July 23, 2009
15. ^ La Jolla Light September 28, 2009
16. ^ San Diego Union Tribune, November 13, 2009
17. ^ San Diego Union Tribune, April 5, 2010
18. ^ Children's Pool rope barrier can come down, judge says - San Diego Union Tribune, June 3, 2011
19. ^ federal_la_jolla_seals/101705_noaa.pdf
20. ^ San Diego Union Tribune March 11, 2008
21. ^ San Diego Lifeguard Service
22. ^ La Jolla Light, June 10, 2009
23. ^ La Jolla Light, March 18, 2009
24. ^ San Diego Union Tribune, March 11, 2008

To the North: La Jolla Cove

California State Beaches

To the South Windansea Beach