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Letter to Editor: Children’s Pool Rope is Illegal

John Leek: “Proof that the rope was installed illegally is clear for anyone to investigate.”

To the editor:

The City of San Diego, in their zeal to satisfy extreme animal rights organizations and appease a small group of vocal and combative seal activists, has illegally installed the so-called “pupping season rope barrier” at the beach in La Jolla.

Disregarding their obligation to enforce their own laws and follow their own regulations, the City of San Diego Park and Rec department has exceeded its authority in installing this year's rope. Despite numerous complaints and a history of harassment and even violence at the Children's Pool, Parks and Rec has installed the rope barrier as a tool to help animal activists keep the public off this trusted beach.

Proof that the rope was installed illegally is clear for anyone to investigate. Most blatantly, the permit, which allows the current barrier, allows only a 130-foot long rope (see attachment). Specifically, under the section “Planning/Design Requirements,” condition 11 states, “The installed rope length shall not exceed 130 feet, and a minimum three-foot opening shall be maintained from the post at the easterly most end of the rope to the nearest obstruction so as to create an opening for beach access.”

Condition 12 states, “The rope installation shall not use more than four posts, and each post shall not exceed four feet in height.”  

Condition 13 states, “Installed rope height shall not exceed four feet.”
Unfortunately, the Park and Rec department has not complied with this permit. The rope, as installed is approximately 148 feet long. This far exceeds the allowable length of the rope as explicitly conditioned in the permit. The rope is 18 feet too long which is a significant obstruction to access to the beach. Additionally, several posts are greater than 4 ft. tall. Finally, the rope is also greater than 4 feet tall at the posts. This represents a very significant obstruction to public access on a public beach and is a clear violation of the permit conditions. Please refer to the attached photos.

As stated in the permit, “it is the intent of the City that the holder of this Permit (Park and Rec) be required to comply with each and every condition in order to be afforded the special rights which the holder of the Permit is entitled as a result of obtaining this Permit.”

John Leek
Friends of the Children's Pool

Califia March 17, 2012 at 03:58 PM
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1 of Chapter 937 of the Statutes of 1931 is amended to read: Section 1. There is hereby granted to the City of San Diego, County of San Diego, all the right, title, and interest of the State of California, held by said state by virtue of its sovereignty, in and to all that portion of the tide and submerged lands bordering upon and situated below the ordinary high water mark of the Pacific Ocean described as follows: [Legal boundary description of Children's Pool parkland removed for brevity] State of California, to be forever held by said City of San Diego and its successors in trust for the uses and purposes and upon the express conditions following, to wit: (a) That said lands shall be devoted exclusively to public park, marine mammal park for the enjoyment and educational benefit of children, bathing pool for children, parkway, highway, playground and recreational purposes, and to such other uses as may be incident to, or convenient for the full enjoyment of such purposes; (b) The absolute right to fish in the waters of the Pacific Ocean over said tidelands or submerged lands, with the right of convenient access to said waters over said lands for said purpose is hereby reserved to the people of the State of California. (c) (Statement reserving mineral rights removed for brevity)

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