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Home My WebLink About03/07/1989, 9 - CONSIDERATION OF CONSTRUCTION OF A FENCE AT THE NORTH END OF PACIFIC STREET TO PREVENT ACCESS TO SA I�INIIIpIIIIyNIII�I 1I MEETING DATE City of San IUtS OBiSpO March 7, 1989 COUNCIL AGENDA R PORT =NUMBER: FROM: David Romero, Public Works Director ep SUBJECT: Consideration of Construction of a Fence at the North End of Pacific Street to Prevent Access to San Luis Obispo Creek CAO RECOMMENDATION: Consider the Mayor's suggestion and the staff comments and recommendation that the City not construct a fence in this area BACKGROUND: In 1984 the City abandoned a portion of Pacific Street just southwesterly of Toro Street (Exhibit A). Because of San Luis Obispo Creek, Pacific Street had never actually connected to Toro Street. The Dalidet project constructed a standard cul-de-sac bulb at the end of Pacific Street and utilized the abandoned end of Pacific Street for a parking lot. As a part of the requirements for the Daudet project the City called for a curb at the top of the bank of the creek, landscaping, and installation of heavy stone riprap along the creek bank to prevent erosion. On January 17, a homeless individual residing under the Toro Street bridge tumbled down this embankment injuring himself and requiring emergency response on the part of the City. The Mayor is extremely concerned regarding the City's possible liability for this creek bank, as well as possible City cost should the City have to respond to further emergencies caused by the homeless attempting to climb down this stony bank, thus the matter is placed before the City Council for consideration. DISCUSSION: The stone riprap on the bank is placed at an approximate grade of 2 horizontal to 1 vertical, thus meeting City requirements for stability and erosion protection. People climbing down the bank are within a drainage easement on private property and have trespassed through the Dalidet parking lot. The 2:1 slope is adopted City standard for stability throughout the community, many if not most creek banks are at this grade. The City expenses in emergency response for this homeless individual were $298 (Exhibit B). Following are the comments of the City Attorney regarding City liability: Exposure to liability in this situation is extremely small, if not non-existent. The creek remains private property even with a City drainage easement. Therefore liability, based on an alleged dangerous and defective condition of public property, is not possible. We have no dutv to warn of possible creek hazards on private property, therefore, City posting and maintenance of signs would be inappropriate. The City has no duty to fence private property access to the creek. In fact without property owner permission for fencing and signs, we would in fact be trespassing. If Council perceives a public health, safety and welfare danger there, it should adopt regulations under the police power which impose a duty on private property owners to fence or otherwise prevent creek access (analogous to what we do for private swimming pools). 9-� II��I�►b►i�(plllllll��n ��ll city of san lus oBispo Ni& COUNCIL AGENDA REPORT Pacific Page Two If there is no legal obligation, the question remains, "Does the City have some moral obligation"? If the Council determines that there is a City obligation, we might (a) construct a barrier fence which is aesthetically pleasing in keeping with the remainder of the improvements to the Dalidet project, (b) we might erect the least expensive fence possible, chainlink, or (c) we might meet our obligation by merely posting the property "no trespassing" (Exhibit Q. The City Attorney has noted serious problems with each of these.* ALTERNATIVES: 1. Should the City elect to construct a fence of the same style and design as those existing for the Dalidet project, we would have to redo some existing groundcover, shrubbery, and lighting, and would have to obtain permission from the Dalidet owners for the construction, since the fence does not relate to the primary purpose of a drainage easement. Our estimate of cost for a matching fence is $10,000. 2. The City might erect the least expensive barrier to trespass, that is a 5 foot high chainlink fence. This also would require approval of the Dalidet owners who are quite likely to find that it is detrimental to the aesthetics of the property. Cost for this type of fence is estimated at $1,000. 3. The City might erect two permanent "no trespassing' signs at the top of the bank. We can probably do this without approval, however, the signs will probably have to be replaced at regular intervals as they are vandalized or destroyed. Cost is estimated at $200. 4. The City might do nothing on the basis that this bank is no more hazardous than the majority of creek banks throughout the community, and the City has no legal obligation to provide any warning or higher level of protection. RECOMMENDATION: Although staff is very sympathetic to the concern expressed by the Mayor, staff recommends that the City do nothing in this particular case. *One of the problems with installing a fence is that a person can walk to the left, go around the trash enclosure area, and be in an unfenced area and go down the bank, which means that the fence directs the problem to a nearby area rather than cures the problem. 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D Re 20D0• I?y1 flegO.N I Ss .0. 1M97S � /T �, \\ M Sin _ 300.00 Y. 0g. - o3H .p �^ PACIFIC STREET 3 ss'•°° "`a -=' . ` `I1- o•�- �- C of NS3•0700 E 171.34 w \ - SITE 1 _ _ - _ -- 5.3-67 OTr2'�E.381.88 w - 1 .1Ka as •• N v ar oo e a I .. SSI Y - � ^ / 11 13231 P'.18.� rm13 r_ \ M 13�,3a2. iii PARCEL 02 Y W .3a•zi. . / LOT 17 e0 1.08 AC. 1/7.07 Oil TO US o m' Ya • w1rN W.e0209,! !0 Zai',GTi0\ 2 u I SLS 2331 \ in^ S36-47WE 32.4 w W5918 w 3.42 Y \ n \ SS.•20'2Ya 3.32 a € BLOCK 201A `� ^I o Ri. Qc E - 233.72 Y O I� (Q .O7 011.Nf.1341 OR.3g. Ia»01.,27 20,4 O.A. 3.g / 7 c 8 f 10 11 1 I$ 3 1 11N OI a 246.13 e•] 1 30 MS 591.12 M 26619 Y 1. 30 I1 3g J ^ P/SMO STREET „11.0 c _ N YO11 ,-- - - - - :o TM:.rla 70 p W N 5-04,W 8'.90_ M ^ _ j2lL Kll w. ^ 1 t xl�llo , � A MEMORANDUM TO: Mayor Ron Dunin VIA: John Dunn, City Administrative Officer FROM: Mike Dolder, Fire Chie�t(�/ DATE: January 17, 1989 SUBJECT: Medical Incident in San Luis Creek Near Toro Street As you requested, I have compiled a cost estimate for a medical incident which occurred at San Luis Creek near Toro Street on January 17, 1989 at 11:59 AM. The patient (male citizen) involved in the incident fell into San Luis Creek; cause of the fall has not been evaluated. The patient sustained lacerations and trauma from the fall and was treated with advanced life support procedures (paramedic). Fire, Police and ambulance personnel all assisted in the emergency. The patient was combative and required handcuffing in order to provide treatment. San Luis Ambulance and one Fire Department Medic transported the patient to General Hospital. The estimated cost and time spent on the incident excluding hospital costs is as follows: Engine 3 (two persons) 1 hour $158.00 Squad I (two persons) ' '1/2 hour 79.00 Battalion 1 (one person) 1/2 hour 39.50 Patrol Car (one person) 1/2 hour 21.50 TOTAL CITY COST $298.00 Ambulance Cost (estimated) $450.00 TOTAL INCIDENT COST $748.00 MPD:p js p6-(28) _ _ 1 T 1 . >.d4L t :�--w Lr t-.n. I f\�E: c}:.-•. 61TLS11T21':YG .�+ct w• t�s_..V RJ - -.lu::•�.•. ..C. .'rte- �" -n- Sb!f A✓ �. 1 A-.rvc(+� �•••l�p-?'u'noaf'(!Tula �.. ...M •, .O-l.y,.LTMJs ' Sola.... ! i I � _ -' /[�' ,. .'Tp a6 aaVp,•a(� `. ton_ r.._..._. '.•ti avora.f�p r i WlLTw� .•I....r.� ��' Z•.L.L ten i 't:.wi I .:d.�" .}: + � .. er. f¢c-xa • I s�u.•cic� ` . o txt..la. ; I To -c rool.. 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