1. SB428: implications for all California: A slide show with documentation links Slides may be advanced by mouse click or back and forth by ← arrow keys → Links in blue type will open a website or a pdf document or a sub-slideshow. After reviewing a document, just close it to return to the presentation. Thank you for giving us the chance to show you the facts. When done, exit by the Escape key.

2. SAVE OUR CHILDREN’S POOL SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

3. SAVE OUR CHILDREN’S POOL ELLEN BROWNING SCRIPPS, THE BENEFACTOR She founded or gave us the La Jolla Women’s Club La Jolla Public Library. La Jolla Children’s Playground and Recreation Center Scripps Institution of Oceanography Scripps College Scripps Hospital Scripps Clinic Torrey Pines State Reserve San Diego Zoo Bishop’s School AND The Children’s Pool SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

4. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL, 1922 CONCEPT DRAWING 1921, a popular natural tide pool is to be enclosed after 2 little girls drowned in surf there Scripps begins a 10 year project to make this spot safe for Children “Until Kingdom Come”, employing every legal protection known.Until Kingdom Come SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

5. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL CONSTRUCTION, 1930 from a rocky point with no beaches SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

6. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL, 1931 A public pool behind a sea wall SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

7. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL, MID 1930’S A place children could swim in gentle waters SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

8. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL, MID-1930’S An engineering masterpiece by one of the world’s foremost hydraulic engineers SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

9. SAVE OUR CHILDREN’S POOL THE CHILDREN’S POOL, 1953 By then, sand had filled in much of the pool SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

10. SAVE OUR CHILDREN’S POOL July 4, 2007, citizens enjoy Children’s Pool, though they are on a sand dune over the Pool SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

11. SAVE OUR CHILDREN’S POOL WHAT SB 428 WOULD DO Deny public access to a metropolitan public beach Disallow public fishing, a right guaranteed in our State Constitution and section (b) of the trust Ignore Coastal Commission mandates for beach access Nullify the court order to restore Children’s Pool to its original purpose Allow San Diego to continue to do nothing, and have no plan of action or marine mammal management policy. Disregard previous NOAA recommendations to disperse seals Attract further litigation, local and State SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

12. SAVE OUR CHILDREN’S POOL WHAT SB 428 WOULD DO (continued) Continue the bypassing of County Health Department standards for a beach Set a dangerous precedent to circumvent Public Land Grant Trusts for “convenience” and weaken every estate trust grant, past and future. Allow “cultivated” wild animals to colonize a public beach in the middle of a coastal City Involve the State in the administration of a Trust containing internal conflicts Give San Diego a bill without the discretions which it asked for See documentationSee documentation SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

13. SAVE OUR CHILDREN’S POOL SECTION (a) THE 1931 TRUST “That said lands shall be devoted exclusively to public park, 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” SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

14. SAVE OUR CHILDREN’S POOL SB 248 PROPOSED MODIFICATION READS “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” SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

15. SAVE OUR CHILDREN’S POOL WHAT THE CHANGE WOULD MEAN Since County Health cannot allow Children to play and swim in seal feces and the majority of the pool is filled with sand - the City of San Diego will have only the option to establish a MARINE MAMMAL PARK, (Definition) invalidating the original Trust. Citizens will finally lose access to Children’s Pool.(Definition) SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

16. SAVE OUR CHILDREN’S POOL O’SULLIVAN vs CITY OF SAN DIEGO 2005 COURT DECISION Superior Court Judge William C. Pate ruled the City is “in violation of its fiduciary duties” and ruled in 2005: “The City, as trustee of the Children’s Pool, is hereby ordered to employ all reasonable means 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” His statement of the history & decision took 31 pages. Hint: the last 2 pages say it allhistory & decision last 2 pages SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

17. SAVE OUR CHILDREN’S POOL WHAT THE COURT DID NOT ORDER It did not order dispersal of seals (The City’s own studies required that) It did not specify how the sand was to be removed (The City already had plans and estimates from 1999 and 2004) It did not require sand removal and water decontamination occur at the same time, as the City has unsuccessfully claimed SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

18. SAVE OUR CHILDREN’S POOL IN RESPONSE TO THE COURT ORDER, THE CITY: Appealed the decision to the Fourth District Court of Appeals. The ruling was upheld. Appealed the decision to the California Supreme Court. The ruling was upheld. Failed to meet the terms of the court order and delayed implementation by relying on federal actions that were eventually rescinded. Requested a legislator introduce this bill to negate the trust and turn the CHILDREN’S POOL into a seal viewing arena forever. SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

19. SAVE OUR CHILDREN’S POOL HARBOR SEALS IN CALIFORNIA There are in excess of 1,000 other seal haul out sites in California. See DocumentationSee Documentation There are an estimated 36,000 harbor seals in California, a growing population with no natural predators left except large sharks Besides prospering in California, this species ranges from Baja to Alaska Swimming range for a seal can be the length of California SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

20. SAVE OUR CHILDREN’S POOL HARBOR SEALS IN SOUTHERN CALIFORNIA (continued) Pinnipeds have become problems in many harbors and coastal towns, such as La Jolla, Carpinteria, Newport Beach, Monterey and Pacific Grove.La Jolla Newport BeachMontereyPacific Grove. Harbor seals recently began to ‘colonize’ the beach immediately south of the Children’s Pool (South Casa Beach) and are known to frequent the “La Jolla Cove” in San Diego as well. Several other nearby public beaches could be colonized.colonize Seals that have lost fear of people will endanger public access to beaches all over California SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

21. SAVE OUR CHILDREN’S POOL HARBOR SEALS’ HABITAT IN SOUTHERN CALIFORNIA Harbor seals can haul out, rest and and pup on any sandy or rocky beach or outcrop There are 350 miles of coastal habitat in Southern California where seals can haul out There are 11 offshore islands along Southern California where seals are known to haul out in large numbers. They do not need the 200 FEET of coastal beach in Southern California dedicated to children: The Children’s Pool SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

22. The counts shown were only of seals seen on land, which scientists multiply by 1.2 to estimate min true population. Federal intervention can prevent getting a beach back once a seals are allowed to occupy it. California harbor seal population doubled in the last 20 years after tripling in the 20 years before = 36,000 estimated. (25,000 in Oregon & Washington, 180,017 in Alaska) Data shown on right, taken from NOAA Harbor Seal, California Stock Assessment Report 2005Harbor Seal, California Stock Assessment Report 2005 Calif. Harbor Seal Census to 2005 SAVE OUR CHILDREN’S POOL SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

23. Children’s Pool is not a natural phenomenon. Before 1992, Sea World released all rescued seals & sea lions 8-12 miles at sea off unpopulated coastline. From 1992 to 2003, rehab harbor seals that had lost fear of humans were preferentially dropped close to Children’s Pool. DataData supplied by National Marine Fisheries Service shows how to create a metropolitan seal colony What happened. What happened Photo from Sea World San Diego website SAVE OUR CHILDREN’S POOL SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

24. Case Study, Pacific Grove After seals pupped at Hopkins Marine Station, that beach was closed. On NOAA advice, Pacific Grove made a plan to deter seals at Lovers Point Beach (document)(document) San Diego was cited as a bad example of what could happen with no plan With participation of docents and the Monterey Aquarium, a group was established to shoo seals off Lovers Point should they come onto the shore Should the plan fail, the beach closes until any pups are weaned, then the seals will be deterred again. SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428 SAVE OUR CHILDREN’S POOL

25. FINANCIAL CONSIDERATIONS, Restoration In 1998 two (2) professional marine engineering firms provided sand removal costs at the Children’s Pool requested by the City of San Diego. Coastal Environments: $40,000 for 3000 cubic yards sand removal and disposal at the City owned landfill. Testing Engineers: $30,296 for opening existing seawall sluiceways. Their Environmental report indicated no problem (article)(article) Why should the State have to solve a problem San Diego created by repeatedly ignoring its own advisors? SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

26. SAVE OUR CHILDREN’S POOL FINANCIAL CONSIDERATIONS, City of San Diego In 2009 the City told the judge it would cost $1,000,000 for the same removal of 3,000 cubic yards of sand at the Children’s Pool (San Diego Union Tribune Editorial March 2, 2009). This estimate is absurd, even for a government organization. The principle cost of pool restoration is not the work itself but unreported litigation expenses by the City fruitlessly appealing its legally failed position in O’Sullivan vs City of San Diego. The money is gone – San Diego needs a bailout SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

27. SAVE OUR CHILDREN’S POOL FINANCIAL CONSIDERATIONS, Activists The Animal Protection and Rights League (APRL) is a tax- exempt umbrella organization pandering for donations and selling souvenirs to tourists at Children’s Pool. City permit laws were dropped for them. (Actual ordinance)(Actual ordinance) Since 2003 APRL has generated over $1 million in sales and donations at the Children’s Pool for animal rights causes (San Diego Union Tribune March 22, 2009). This helps finance suing the City. (News article)News article Their most recent tax filing showed an income from sales and contributions of $308,000. San Diego has created a monster it wants to appease. (News article)$308,000(News article) SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

28. SAVE OUR CHILDREN’S POOL OUR POSITION The City wants to turn the Children’s Pool into a “marine mammal park.” This would eliminate ocean access, the purpose for which the Pool was built, to save the cost of restoring the beach. To preserve a tourist attraction, 740,000 San Diego Children are to be denied the beach for swimming. The City has ceded the Children’s Pool to an activist organization. It uses Children’s as it’s primary source of income. (and harasses the public off the beach) Its strongarm tactics disgrace true environmentalism.activist The City believes a spillover of tourist dollars makes this a good idea. SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

29. SAVE OUR CHILDREN’S POOL OUR POSITION (continued) Seals have 11 islands and 350 miles of coastline they can call their own. The children have but 200 feet and this is now in danger due to the short sightedness of San Diego City officials. Changing a State Trust to bail out a greedy city from its obligations is a dangerous precedent. We STRONGLY encourage the legislature to vote 428 down thereby honoring the existing Trust. All California cities should employ the Marine Mammal Protection Act Section 109(h) to keep seals wild and protect public beaches.Marine Mammal Protection Act Section 109(h) SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

30. SAVE OUR CHILDREN’S POOL OUR POSITION (continued) Shared Use sounds good, but that has been an empty City policy for so many years, we know it does not work.does not work Shared use has been the cruelest political joke since ‘separate but equal’. How can children share a polluted beach with yelling vigilantes? How do they share a buried pool with anything? Inviting animals to share our facilities is ultimately bad for the animals If a bear wanders into people territory, it is darted and wakes up 50 miles away, for its protection. SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

31. SAVE OUR CHILDREN’S POOL OUR PLEA The Children’s Pool was built for the Children of San Diego 78 years ago for use as a safe swimming venue. Please let the children enjoy this treasure for untold generations to come. Please let the seals return to the natural ways of their ancestors. Do not support SB428. That’s all you that is required. The courts will do the rest SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

32. SAVE OUR CHILDREN’S POOL SAN DIEGO OFFICIALS & ORGANIZATIONS NOT WILLING TO SUPPORT SB428 Sherri Lightner, San Diego City Councilwoman, La Jolla Friends of the Children’s Pool California Council of Divers San Diego Council of Divers Local dive clubs in San Diego San Diegans Against Beach Closure San Diego FreeDivers SUPPORT OUR CHILDREN, DO NOT SUPPORT SB 428

33. Thank you for allowing us to share this presentation with you. Two following may also be of interest to you.

34. Myths You May Be Told A million visitors come to Children’s Pool every year to look at the sealsmillion The seals have been there foreverforever If the seals cannot stay at CP they will perish.sealsperish Children’s is the only place seals have in Southern Californiaonly place have Children can’t use Children’s Pool beach anyway because it is dangerousdangerous SB428 gives local control of Children’s to the Citylocal control

35. A Slide Show Just click for a slide show of pictures from Children’s Pool.slide show of pictures May take a while to load. Before the Animal Rights Activists, the Federal Government and the City Council got involved, it was possible to have a shared beach Children’s Pool was the only beach the City never cleaned, and is rated the most polluted beach in California.