City of San Diego vs. Seal Colonies at Childrens Pool

The city of San Diego is preparing to disperse the seal colony at Children's Pool beach in La Jolla. - U-T file

The city of San Diego must remove the seal colony at Children's Pool beach in La Jolla, but a judge isn't sold on a proposal to use the sounds of barking dogs to evict them.

Superior Court Judge Yuri Hofmann ruled Wednesday the city must disperse the seals despite questions about whether a federal restraining order may prevent the city from doing so.

The judge set a June 15 hearing to determine the best way to remove the seals – a process that could begin shortly thereafter.

Assistant City Attorney Andrew Jones asked the judge to hold off on a decision as a bill makes its way through the state Legislature that would allow the City Council to decide the fate of the seals. Pro-seal advocates say that could render any judge's ruling moot come Jan. 1, if the bill becomes law.

Jones also asked Hofmann to consider the financial implications.

The city estimates it would cost about $689,000 to use a portable public address system to emit barking noises.

“This is money the city does not have,” Jones said. “We're in the middle of a recession.”

Hofmann questioned the price tag.

“I just can't in my mind comprehend why the cost would be that,” the judge said. Hofmann said the city could likely hire someone full-time to disperse seals at one-fourth of the cost.

Paul Kennerson, the lawyer who is pushing for dispersal of the seals so the public can use the beach, said the city could purchase a sprinkler device that would spray and disperse the seals for $300 to $600.

“It strikes me that the city, which opposes doing this, has devised the most intrusive and obnoxious kind of remedy it can in order to generate support against dispersing the seals,” he said.

A Superior Court judge ordered San Diego to reduce bacterial contamination at Children's Pool four years ago so it could become a swimming area again – as it was designated by state law in 1931. The city had to prepare a seal-dispersal plan for Wednesday's hearing.

There's also a federal case filed by attorney Bryan Pease to force the city to maintain the seal colony.

City lawyers argued a restraining order in that case remained in effect, preventing the city from removing the seals.

Judge Hofmann said he believed that order expired last November and could find no language to dispute that. The city has asked the federal court for clarification.

Cindy Benner, president of the La Jolla Friends of the Seals, called the judge's ruling a big setback.

“It's just going to be a black eye for the city of San Diego when this reaches the national media and tourists come to see the seals and there's an effort to actively keep them off the beach,” she said.