HomeMy WebLinkAbout09/20/1994, C-5 - APPROVAL OF THE PENNINGTON CREEK FISHERY IMPROVEMENT PROJECT. MEETING DATE:
C11y Of San LUIS OBISPO Sept. 20, 1994
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COUNCIL AGENDA REPORT NUMBER: A.�
FROM: John Moss 40kk PREPARED BY: Dan Gilmore
Utilities Director Utilities Engh
SUBJECT: Approval of the Pennington Creek Fishery Improvement Project.
CAO RECOMMENDATION:
By motion, give approval to the Pennington Creek Fishery Improvement Project, subject to
agreement by California Sportfishing Protective Alliance to withdraw their protest of the City's
petition for time extension of Permit #11390.
BACKGROUND:
Under the State Water Resources Control Board (SWRCB) Permit#11390, the City of San Luis
Obispo is allowed to store and use water from Whale Rock Reservoir. Approximately every ten
years, the City is required to file a petition for time extension on the permit to make full
beneficial use of the water stored in the reservoir. The latest petition for time extension on the
City's permit was protested by the California Sportfishing Protective Alliance (Ca1SPA).
The protest filed by Ca1SPA argues that the construction of Whale Rock Reservoir, in the
1950's, destroyed a natural ocean-run steelhead trout fishery on Old Creek in Cayucos. The
construction of the reservoir has resulted in no viable spawning habitat on Old Creek, either
above or below Whale Rock Reservoir. Currently, the City and the Whale Rock Commission
operate a steelhead fish hatchery operation, utilizing the native steelhead to enhance the natural
fish population of the reservoir. The hatchery was so successful this past season, that Whale
Rock staff and the State Department of Fish and Game (DFG) are considering the planting of
a portion of these steelhead to other coastal streams in the area.
Through discussion and negotiation between the City and DFG, Ca1SPA has agreed to withdraw
its protest of the petition for time extension on Permit #11390 if the City will complete certain
in-stream repairs to allow fish passage beyond certain man-made obstructions in Pennington
Creek. Pennington Creek is located just northerly of Cuesta College and is tributary to Chorro
Creek. The creek also flows through Rancho El Chorro, which serves as a camp for local
school children for studying nature, biology, ecology, etc. This work will restore fish passage
to potential steelhead spawning habitat along Pennington Creek. The length of restored habitat
will be approximately equal to the length of viable spawning habitat that was destroyed by the
construction of Whale Rock Reservoir.
Though they also take water from Whale Rock, California Men's Colony (CMC) and Cal Poly
each have separate permits, which have not been protested. In fact, CMC has received a license
on their permit, which imposes limits based on their historic usage. It is for these reasons that
the proposed project is the City's responsibility, rather than that of the Whale Rock Commission.
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COUNCIL AGENDA REPORT
DISCUSSION:
There are four sites where the work would take place. Near Cuesta College, an old diversion
dam was removed by DFG. Two to three grouted rock weir step pools need to be constructed
below the dam site to allow fish to migrate upstream. The rock weir step pools will be similar
to work that has been done in the creek at Mission Plaza and Cuesta Park. The cost at this site
should be around $2500.
The second location is the Highway 1 crossing.near Cuesta College. Any work done in this area
would require approval from Caltrans. The proposed mitigation at this site involves the
construction of one or two rock weir step pools below the culvert, and the installation of
"Washington baffles" in the culvert to create a low-flow channel. The cost of this work should
total around $7500.
The third site is a small creek crossing created by the construction of a gravel access road over
two large corrugated metal culverts. The recommended course of action at this location involves
the construction of two to three rock weir step pools to back-flood the culverts. The cost at this
location should amount to around $4000.
The fourth location is the Rancho El Chorro diversion dam. This is another man-made structure
which was installed to divert water to a small reservoir at Rancho El Chorro. DFG recommends
that this diversion dam be.removed, and the spring box relocated further upstream. The cost
to complete the work at this site should be around $8000.
The total cost of repairs to the four sites, including contingencies, is estimated to be around
$25,000. If Council conceptually approves the proposed projects, the SWRCB will add a
condition to the City's water rights permit to require these enhancements. The addition of this
condition would allow SWRCB to grant the extension of time requested for Permit #11390.
FISCAL IMPACT:
The total estimated cost of the proposed project is $25,000. As this project has-been proposed
in response to the California Sportfishing Protective Alliance's protest to the City's request for
a time extension on the City of San Luis Obispo's permit to store and use water from Whale
Rock Reservoir, the funding to complete this project will come from the Source of Supply
budget. Source of Supply is the budget which includes funding for the City's share of Whale
Rock reservoir operations costs. Carry-over funds are available from the 1993-94 water fund
operating budget savings to support this project. No additional appropriation is necessary.