DATE: February 19, 2003
TO: City Manager for Council Information
Executive Director for Redevelopment Agency Information
Contract Administrator for Sports and Open Space Authority Information
FROM: Director of Public Works Director of Parks and Recreation
SUBJECT: Report on Wetlands Mitigation at Ulistac Natural Area

In July 2001, the City Council/Redevelopment Agency awarded a construction contract to Perma-Green Hydroseeding, Inc. (Contractor) to create 4.56 acres of wetlands on a parcel owned by the Sports and Open Space Authority known as the Ulistac Natural Area. The site is bounded by Lick Mill Boulevard, Tasman Drive, Guadalupe River, and the Carlyle Apartment Complex as shown on the attached map. This mitigation was necessitated due to the loss of 2.28 acres of wetlands caused by the Irvine Gateway project near Highway 237 and Great America Parkway. The mitigation site and plans were approved by the Santa Clara Valley Water District, Regional Water Quality Control Board, and the Army Corps of Engineers. The implementation of the wetlands project will fulfill the City¹s commitment to the regulatory agencies for wetland mitigation for the Irvine Gateway project.

The construction was started but had to be halted due to the Contractor¹s preliminary investigation showing traces of contamination such as arsenic and DDT in the soil at the proposed site. The City retained the services of Lowney Associates (Consultant) who tested the soil at twelve (12) test pits. The results confirmed that the site contained higher than standard levels of contamination. One of the options was to haul the unsuitable soil, approximately 40,000 cubic years, to a Class 1 disposal site, required by law, for an estimated cost of $3 to $4 million dollars. An unknown amount of additional excavation would also be required to remove all unsuitable soil before the wetlands could be created. As an alternative, it was proposed to relocate the wetlands to an appropriate area at the southerly portion of the Ulistac Natural Area. This site is also shown on the attached map. Additional tests were performed by the Consultant at the new proposed site and the results showed that only two (2) out of thirty-four (34) samples were slightly over the acceptable limits for arsenic and DDT. The Consultant has recommended that the excavated soil from this new proposed site can be reused at another location. Staff recommends using this excavated soil as fill material for the proposed Ulistac Natural Area development. An archaeologist was present during an extensive investigation of the proposed site. The investigation revealed no archaeologically sensitive materials.

The proposed wetlands relocation within the Ulistac Natural Area will required that the Ulistac Natural Area Master Plan be revised, 53 existing trees of 4-inch caliper or larger be removed, and 43 to 54 oak seedlings be relocated or removed. The short term consequences of the wetlands relocation will be the loss of habitat for birds and animals due to the removal of the 53 trees at the new proposed site. These trees were planned for removal at a later date as one of the major goals of the Master Plan is to replant the Ulistac Natural Area with native trees. The trees subject to removal due to the wetlands relocation are non-native trees such as Eucalyptus and Pines. Native trees to be planted are Oaks and Cottonwoods. The removal of these trees will be mitigated with the planting of nursery stock native trees that will be planted in the Ulistac Natural Area.

Conceptual site plans for the new mitigation site will be submitted to the regulatory agencies including the Santa Clara Valley Water District, Regional Water Quality Control Board, and the Army Corps of Engineers for their approval of the new proposed site. Additionally, the Department of Parks and Recreation can immediately begin working on developing the revised Ulistac Natural Area Master Plan, incorporating the new wetlands into the proposed design. This will be done through coordination with ³Friends of Ulistac² and the Parks and Recreation Commission. Subsequent to the above mentioned approvals/reviews, the new mitigation site will be brought back to the City Council for final approval.

The Replacement Wetlands at Fairway Glen Site (CE 00-01-09) contract with Contractor was in the amount of $514, 700 and was 48% below the engineer¹s estimate. Since the work was stopped previously, the City may have to negotiate additional remobilization cost with the Contractor. If agreement can be obtained, the Contractor will then be directed to begin construction at the new proposed site and complete the project in approximately 50 working days. Since the additional soil will be used for other areas of the Ulistac Natural Area and not have to be hauled off-site for disposal, the City can also expect a credit from the Contractor. If an agreement cannot be obtained, the original contract will be closed and the revised project rebid.

Steve Yoshino Director of Public Works
Rajeev Batra City Engineer
Larry Wolfe Director of Parks and Recreation

APPROVED: Jennifer Sparacino
City Manager
Executive Director for Redevelopment Agency
Contract Administrator for Sports and Open Space Authority

Chris' comments:

1. Based on the map, I estimate that at least 80 trees will be dug up.
2. Our "seedlings" are currently 2' to 4' tall, with tap roots up to 6' deep.
3. Remember, this is all because city staff has decided not to spend $3 to $4 million to remove a toxic waste site. Last year the city council voted to spend $2 million for a new pool at the Central Park swim center and $1.8 million for the San Tomas Aquino Creek trail, and created 8 new positions and the city hired 22 people.
4. Many of the trees that will be cut down are 30 to 50 feet tall and were not supposed to be removed for decades.
5. Besides locating the wetlands on top of our restoration project, they have also located it in one of the densest concentration of trees in UNA. There are several other places which are much more open where they could put the wetlands, thereby cutting down fewer trees.
6. I am willing to give up part of the Oak Savannah near the street, partly because the oaks out there are hard to get to and keep dying, and partly because the oak density is only 1/5th of what it is in the oak woodlands.
7. There is an archaeological site in UNA where no digging can take place, and it is a federal crime to reveal its location. However, the wetlands could be put in 20 other positions that do not affect our wetlands without ever touching that site.
8. The "Gathering Area" the place for teaching to occur in UNA, will also be demolished and dug up. ( I suppose they will save the plaque.)
9. Please do whatever you can to come to the meeting on Tuesday, March 11, at 7 pm at Lick Mill Park. Tell everyone you know who might be interested, who lives in Santa Clara.