DEPARTMENT
Water Enterprise
AGENDA NO.
12 MEETING DATE
July 12, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Determination and Authorization: Regular
Project Manager: Tim Ramirez
Determination for Limited Public Fishing Access at Calaveras Reservoir and Authorization to proceed with a Calaveras Reservoir Public Fishing Access Project
Summary of
Proposed
Commission Action:
Determine that, subject to environmental review and necessary governmental approvals, limited shoreline fishing by the public can occur without affecting the purity and safety for drinking and domestic purposes of the water collected in Cal averas Reservoir; and authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to (a) develop the terms and conditions of a proposed fishing program at Calaveras Reservoir ; (b) obtain the City Planning Department’s review of t hat pr ogram under the California Environmental Quality Act (CEQA); (c) request an amendment to the drinking water permit from the State’s Office of Drinking Water; and (d) present to this Commission proposed
amendments to the 2000
Alameda Watershed Managem ent P lan to allow limited public shoreline fishing.
Background: The 2000 Alameda Watershed Management Plan does not allow public access for fishing at Calaveras Reservoir . Fishing is re gulated by the California Department of Fish and Wildlife and the California Fish and Game Commission per the regularly updated “California Freshwater Sport Fishing Regulations.” At the request of local conservation organizations, and consistent with the federal endangered species act listing of Central California Coast Steel hea d, all public
fishing in the Alameda Creek watershed is currently “closed to fishing all year” (i.e., no fishing is allowed). However, in 2021 the regulations were updated and now describe Calaveras Reservoir as “open all year, only artificial lures wi th barbless hooks may be used” and a zero trout daily bag and possession limit.
In order to change these existing regulations to be consistent with the rest of th e Alameda Creek watershed to protect the existing/remnant steelhead (“closed to fishing a ll year”), a group of local conservation organizations filed an emergency petition with the California Determination and Authorization for Limited Public Fishing Access at Calaveras Reservoir Commission Meeting Date: July 12, 2022
Department of Fish and Game Commission, which is still pending consideration. Several public entities, including the SFPUC, sent a letter supporting this petition.
In 2019, Mr. Dummer contacted SFPUC staff and asked about fishing at Calaveras Reservoir. Staff offered to meet and discuss this issue with Mr. Du mmer, but did not receive a response until October 2019 when he filed suit in Superior Court for the C ounty of Alameda. Mr.
Dummer obtained a writ of mandate directing SFPUC to determine whether under Health and Safety Code section 117045 that the provision of fishing access would not affect the purity and safety of water in Calaveras Reservoir.
Staff have researched the issue and surveyed the area and have preliminarily determined that limited access for shoreline fishing at the Calaveras Reservoir could be allowed under certain terms and conditions that would not affect the purity and safety of the water.
The attached Calaveras Reservoir Public Fishing Access Proposal map illustrates some modifications on SFPUC land adjacent to the existing Calaveras Reservoir boat ramp on the SFPUC Alameda Watershed that could allow authorized and limited public access. This access would extend from Calaveras Road (a public county road) by the existing SFPUC road used to access the boat ramp and include: safety improvements to the existing SFPUC road; construction of new parking areas and restrooms; and security fencing.
Implementation of the project would establish authorized and limited public access to Calaveras Reservoir for shoreline fishing and provide an education opportunity and recreational experience while protecting drinking water quality, the existing facilities on site and natural resources within SFPUC watershed lands.
Given the physical constraints of the site, public access would be limited and by reservation only through the SFPUC website (similar to the existing Fifield/Cahill Ridge Trail program on the Peninsula Watershed). The specific restriction to numbers of vehicles and individuals will be developed at a later date. The site would be open 3-5 days during the week (including weekends) to ensure SFPUC staff have access for regular maintenance and to continue using the boat ramp for operational purposes while avoiding potential conflicts with public access. Note that NO boats would be allowed on the reservoir for public fishing or any other public purpose; fishing would be from the shoreline only.
Description of
Action:
Subject to this Commission’s determination that limited fishing access at Calaveras Reservoir would not affect the pu rity and safety of the water, this item seeks Commission authorization for the General Manager to direct staff to deve lop the terms and conditions of a fishing program at Calaveras Reservoir , obtain the City Planning Department’s review of that program un der CEQA; request an amendment to the drinking water permit from the State’s Office of Drinking Water; and pres ent t o this Commission proposed Determination and Authorization for Limited Public Fishing Access at Calaveras Reservoir Commission Meeting Date: July 12, 2022
amendments to the 2000 Alameda Watershed Management Plan to allow limited public shoreline fishing.
Result of Inaction: A delay i n adopting this Action will hinder the SFPUC’s ability to comply with the Superior Court for the County of Alameda order.
Schedule: To be determined.
Environmental
Review:
This action does not constitute a “p roject” under the California Environmental Quality Act (“ CEQA”) Guidelines Section 15378 because it would not result in any commitm ent to any specific project that would result in a physical change in the environment.
No fishing program at Calaveras Reser vior would be initiated until environmental review under CEQA has been complete d and this Commission has reviewed and considered th e CEQA determination and has approved the project.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. Map – Calaveras Reservoir public fishing access proposal
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
Resolution No.
W
HEREAS, Public fishing is not currently permitted on Calaveras Reservoir under the 2000 Alameda Watershed Management Plan; and
WHEREAS, California Fish and Game Code Section 5943 provides that the “owner of a dam shall accord to the public for the purpose of fishing, the right of access to the waters impounded by the dam during the open season for the taking of fish in the stream or river, subject to the regulations of the commission”; and
WHEREAS, California Health and Safety Code Section 117045 requires “the public agency owning or operating” a reservoir to (1) “determine that the public fishing will not affect the purity and safety for drinking and domestic purposes of the water collected in the reservoir,” and (2) obtain from the State’s Office of Drinking Water (a division of State Water Resources Control Board) “a valid water supply permit setting forth the terms and conditions upon which public fishing may be conducted in the reservoir and on its surrounding land” before opening any reservoir to public fishing; and
WHEREAS, In the case of Dummer v. San Francisco Public Utilities Commission, the Superior Court for the County of Alameda ordered the San Francisco Public Utilities Commission to determine, pursuant to California Health and Safety Code Section 117045, whether allowing public fishing at Calaveras Reservoir “will or will not affect the purity and safety for drinking and domestic purposes of the water collected in the reservoir, and to determine if there are terms and conditions upon which fishing may be conducted in the reservoir and on its surrounding land;” and
WHEREAS, The water in Calaveras Reservoir is currently filtered and disinfected at the Sunol Valley Water Treatment Plant prior to use; and
WHEREAS, SFPUC Staff have preliminarily determined that the SFPUC could develop a program for limited shoreline fishing by members of the public at Calaveras Reservoir that would not affect the purity and safety for drinking and domestic purposes of the water collected in Calaveras Reservoir; and
WHEREAS, This action does not constitute a “p roject” under the California Environmental Quality Act (“ CEQA”) Guidelines Section 15378 because it would not result in any commitment to any specific project that wo uld result in a physical change in the environment; and
WHEREAS, Public fishing cannot begin at Calaveras Reservoir until environmental review under CEQA has been completed and this Commission has reviewed and considered the CEQA determination and has approved the project; and this Commission obtains an amendment to the drinking water permit from the State’s Office of Drinking Water, amends the 2000 Alameda Watershed Management Plan to allow fishing, and, if all necessary approvals are granted, construct improvements to provide limited public access; now, therefore, be it RESOLVED, That this Commission hereby determines, subject to the results of any CEQA review and the analysis of the State’s Office of Drinking Water, that shoreline fishing by the public can occur under terms to be set by the General Manager without affecting the purity and safety for drinking and domestic purposes of the water collected in Calaveras Reservoir; and be it
FURTHER RESOLVED, That this Commission hereby authorizes the General Manager to develop the terms and conditions of a fishing program, obtain the City Planning Department’s review of that program under CEQA; request an amendment to the drinking water permit from the State’s Office of Drinking Water; and present to this Commission proposed amendments to the 2000 Alameda Watershed Management Plan to allow limited public shoreline fishing at Calaveras Reservoir.
I hereby certify that the forewgoing resolution was adopted by the Public Utilities Commission at its meeting of July 12, 2022.
S ecretary, Public Utilities Commission
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Calaveras Road
Boat Ramp Access Road
(needs safety improvements)
Anticipated High-Water Line
(760' NAVD88 datum)
Potential parking and
restroom 60'x80'
Potential parking and
restroom 60'x80'
Proposed fence
Proposed fence
Existing gate
USGS Gauge Equipment
´
Alameda Watershed
Calaveras Boat Ramp
Proposed Layout0 100 Feet
Services of the San Francisco Public Utilities Commission Natural Resources and Lands Management Division
H:\Jeremy\Ala\Projects\Calaveras_Boat_Ramp\Calaveras_Boat_Ramp_proposal.mxd 5/25/2022 JLukins Author: JGL/DB Date: 5/25/2022
Reservoir
Calaveras
Alameda County
Santa Clara County
Calaveras Dam
Milpitas
Calaveras Rd
Map
Area
DRAFT
Contour interval 5 feet
(from 2006 Lidar survey)