1331 Linda Vista Drive • El Cerrito, California 94530
Phone: 510-237-2233 • Fax: 510-237-2363 • E-mail: [email protected] November 13, 2025
Carmela Campbell, Director
Economic & Community Development Department
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Subject: Proposal for Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
Dear Carmela:
Herewith is our newly revised proposal for Douglas Herring & Associates (DHA) to assist Union City with mitigation monitoring of MidPen Housing Corporation’s proposed mixed-use project in Union City, consisting of 81 units of affordable rental housing and approximately 6,200 square feet of ground-floor office space. DHA performed the environmental review of this project in 2019, preparing an Initial Study/Mitigated Negative Declaration (IS/MND) that was subsequently adopted by the City in compliance with the California Environmental Quality Act (CEQA). DHA also prepared the Mitigation Monitoring and Reporting Program (MMRP) for the project, which sets forth the requirements to monitor and verify implementation of each mitigation measure required to avoid or substantially reduce each potential adverse environmental effect identified in the IS/MND for the subject project.
This proposal lays out the monitoring and verification activity that will be performed by DHA and our technical sub-consultants to assist the City in implementing the MMRP. Per our discussions, the City will be responsible for the majority of MMRP implementation, with the exceptions addressed in our scope of work described below.
The most involved monitoring activity will be related to the mitigation measures identified for potential impacts to cultural resources. I have recruited the archaeologists at Archeo-Tec to perform these tasks. Archeo-Tec has been a DHA subcontractor on many projects in Union City and throughout the Bay Area. Additionally, Illingworth & Rodkin, another long-time DHA subcontractor, will assist in monitoring and implementing noise mitigation measures adopted in the IS/MND. Our scopes of work are described below.
DHA Scope of Work
Per the request from the City, Doug Herring will be responsible for monitoring the implementation of the mitigation requirements for potential impacts to air quality. Based on feedback from the City, the City’s Public Works inspectors will be responsible for monitoring implementation of Mitigation Measure AQ-1 and DHA will be responsible for Mitigation Measures AQ-2, AQ-3, AQ-4, and AQ-5, which are set forth below:
EXHIBIT A
Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
Mitigation Measure AQ-2: BAAQMD Required Exhaust Emissions Reduction Measures.
The construction contractor shall reduce construction-related air pollutant emissions by implementing BAAQMD’s basic fugitive dust control measures, including:
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
Mitigation Measure AQ-3: BAAQMD Regulation 8, Rule 3 for Architectural Coatings. In order to minimize emissions of volatile organic compounds (VOCs), architectural coatings employed during construction of the proposed project shall comply with BAAQMD Regulation 8: Organic Compounds, Rule 3: Architectural Coatings (Rule 8-3). The Rule 8-3 VOC architectural coating limits specify that the use paints and solvents with a VOC content of 100 grams per liter or less for interior and 150 grams per liter or less for exterior surfaces shall be required.
Mitigation Measure AQ-4: BAAQMD Enhanced Exhaust Emissions Reduction Measures. The applicant shall implement the following measures during construction to further reduce construction-related exhaust emissions:
All off-road equipment greater than 25 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall meet the following requirements:
1. Where access to alternative sources of power are available, portable diesel engines shall be prohibited; and
2. All off-road equipment shall have engines that meet or exceed either USEPA or CARB Tier 4 off-road emission standards.
Mitigation Measure AQ-5: Proposed Receptor Expo-sure Reduction Measures. The project applicant shall incorporate the following health-risk reduction measures into the project. These measures shall be applied, at a minimum, to the first-floor residences located within 75 feet of Mission Boulevard. These features shall be submitted to the City of Union City for review and approval and be included on the project drawings submitted for the construction-related permits or on other documentation submitted to the City:
• Installation of air filtration to reduce cancer risks and particulate matter exposure for residents and other sensitive populations in the project that are in close proximity to sources of air pollution. Air filter devices shall be rated Minimum Efficiency Reporting Value (MERV)-13 or higher. MERV-13 air filters are considered high efficiency filters able to remove 80 percent of PM2.5 from indoor air. MERV-13 air filters may reduce concentrations of DPM from mobile sources by approximately 53 percent and cancer risk by 42 percent. As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required.
Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
To ensure adequate health protection to sensitive receptors, the ventilation system shall meet the following minimal design standards:
• A MERV-13, or higher, rating that represents a minimum of 80-percent efficiency to capture fine particulates;
• At least one air exchange per hour of fresh outside filtered air; • At least four air exchanges/hour recirculation; and
• At least 0.25 air exchange per hour in unfiltered infiltration. • Where appropriate, install passive electrostatic filtering systems, especially those with low air velocities (i.e., one mph).
• The project shall be designed to locate sensitive receptors as far away as feasible from the source(s) of air pollution. Operable windows, balconies, and building air intakes shall be located as far away from these sources as feasible. • Planting trees and/or vegetation between sensitive receptors and pollution source, if feasible. Trees that are best suited to trapping PM shall be planted, including one or more of the following: Pine (Pinus nigra var. maritima), Cypress (X Cupressocyparis leylandii), Hybrid poplar (Populus deltoids X trichocarpa), and Redwood (Sequoia sempervirens).
The Mitigation Monitoring and Reporting Program (MMRP) for the project adopted by the City calls for monthly visits during project construction to verify compliance with Mitigation Measure AQ-2, along with additional site visits made in response to any complaints regarding excessive dust received by the City or the Bay Area Air Quality Management District (BAAQMD).
I have allocated up to 53 hours for this task, and have allocated 2 hours for verifying the contract requirements stipulated in Mitigation Measure AQ-3. Monitoring of Mitigation Measure AQ-4 requires both contract and certificate verifications as well as project plan reviews prior to construction and monthly visits during construction. It is assumed that these site visits would be combined with the site inspections required for Mitigation Measure AQ-2. I have allocated 9 hours for monitoring Mitigation Measure AQ-4. For Mitigation Measure AQ-5, the MMRP requires review and verification of plans as well as post-construction inspection to verify the proper air filters have been installed. It is assumed the Union City Building Division will perform the post-construction verification, and DAH will perform the plan verification; 2 hours have been budgeted for this task. I have added up to 10 hours for management of the subcontractors and general project management. Thus, a total of 76 hours have been budgeted for DHA’s work, to be charged on a time-and-materials basis at the hourly rate of $290.
Archeo-Tec Scope of Work
Archeo-Tec will assist in the implementation and/or monitoring of Mitigation Measures CR-1, CR-2, and CR-3, which are set forth below:
Mitigation Measure CR-1: City Staff shall advise the Project Construction Superintendent, Project Inspector, and Building Inspector at a pre-construction conference of the potential for encountering cultural resources during construction and the applicant’s responsibilities per CEQA should resources be encountered. This advisory shall also be printed on the Plans and Specification Drawings for this project.
Mitigation Measure CR-2: Throughout site grading and all other ground-disturbing project construction activities, a qualified archaeological monitor shall be present to observe the construction activities in order to identify any historic or prehistoric cultural Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
resources that could be encountered during the ground-disturbing activities. In the event that any cultural resources are discovered, all ground disturbance within 100 feet of the find shall be halted until the archaeologist can evaluate the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s). (Construction personnel shall not collect any cultural resources.) Any further mitigation measures recommended by the archaeologist shall be implemented and construction shall not resume in the vicinity of the find until the archaeologist has authorized the resumption of work. The results of any additional archaeological effort required through the implementation of this measure and/or Mitigation Measure CR-3 shall be presented in a professional-quality report, to be submitted to the Union City Planning Division and the Northwest Information Center at Sonoma State University in Rohnert Park.
Mitigation Measure CR-3: In the event that any human remains are encountered during site disturbance, all ground-disturbing work shall cease immediately and a qualified archaeologist shall notify the Office of the Alameda County Coroner and advise that office as to whether the remains are likely to be prehistoric or historic period in date. If determined to be prehistoric, the Coroner’s Office will notify the Native American Heritage Commission of the find, which, in turn, will then appoint a “Most Likely Descendant” (MLD). The MLD in consultation with the archaeological consultant and the City, will advise and help formulate an appropriate plan for treatment of the remains, which might include recordation, removal, and scientific study of the remains and any associated artifacts. After completion of analysis and preparation of the report of findings, the remains and associated grave goods shall be returned to the MLD for reburial.
Archeo-Tec will perform the following tasks:
Task 1: Alert Sheet Preparation and Production. An Archaeological Alert Sheet, designed to be distributed to all Project personnel, including the construction crew and their supervisory personnel, will be prepared.
Task 2: Alert Sheet Training. The Alert Sheet training will take place in the form of a tailgate-style meeting. The purpose of the meeting will be to review the contents of the Alert Sheet with construction team members who will be participating in ground disturbance. If multiple crews need training, multiple trainings will be provided on an as-needed basis (this proposal estimates two trainings). The Alert Sheet will contain information regarding known archaeological resources, the actions to take for the inadvertent discovery of cultural resources, including contact protocol, applicable laws, and avoidance and minimization measures. Each training will include customized visual aids (maps and historical photographs) to support the discussion.
Task 3: Archaeological Monitoring. Personnel of Archeo-Tec would provide on-site monitoring of ground-disturbing construction work, and be standing by to provide any Archaeological Data Recovery measures that may be necessitated by discovery of potentially significant cultural resources within the borders of the subject property.
Task 4: As-Needed Laboratory Analysis. All cultural materials recovered in the field will be brought back to Archeo-Tec’s laboratory in Oakland for further analysis. This analysis will take place after the monitoring program has been completed. This task will be omitted if no cultural resources are found. The scope of the laboratory analysis is dependent on the extent and nature of recovered resources.
Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
Task 5: Archaeological Monitoring Report. At the completion of the monitoring program, Archeo-Tec will prepare and submit an appropriately detailed Archaeological Monitoring Report. The scale of this document would be commensurate with the findings of the monitoring program (and any additional services, if required), and thus it is difficult to provide a precise scope and/or budget for this project component at the present time. If no historically significant, or potentially significant, cultural materials are encountered during the field investigations, this report will, at-minimum, include an executive summary of the results of the monitoring program. The Archaeological Monitoring Report will be submitted to DHA, the City of Union City Planning Division, and the Northwest Information Center.
If historically significant—or potentially significant—historic-period or Native American cultural materials are encountered during archaeological monitoring, Archeo-Tec will ensure all construction work within a 100-foot radius of the discovery is stopped and the area is secured. If necessary, Archeo-Tec, in coordination with the culturally affiliated Native American tribe (if applicable) will determine the need for a mitigation plan prior to any further ground disturbance. Mitigation may include data recovery procedures, avoidance of the resource, and/or a more detailed final report of findings.
If potentially significant cultural resources are found, and such measures are warranted, an additional cost proposal will be prepared.
Illingworth & Rodkin Scope of Work
Illingworth & Rodkin will assist in the implementation of Mitigation Measure NOI-1 by performing a peer review of the acoustical design analysis completed by Charles M. Salter Associates, Inc. on behalf of the applicant. Illingworth & Rodkin will also implement and report on Mitigation Measure NOI-2. The two mitigation measures read as follows:
Mitigation Measure NOI-1: Prior to the issuance of a building permit, the City shall retain the services of a qualified noise consultant or acoustical engineer (to be paid for by the applicant) to conduct a detailed noise analysis to determine any special noise insulation features necessary to ensure that interior noise levels in the proposed residential units would not exceed 45 dBA CNEL in any habitable room with all doors and windows closed. The noise analysis should stipulate required Sound Transmission Class (STC) ratings for window, door, wall, and floor/ceiling assemblies to be employed in the project in order to achieve the required level of sound insulation. The acoustical design recommendations shall be incorporated into project plans and implemented during project construction.
Mitigation Measure NOI-2: Prior to the initiation of site clearing and grading, the construction contractor shall erect a temporary solid 6-foot-tall plywood wall along the western edge of the project site along 2nd Street to deflect and contain noise generated by the operation of heavy construction equipment. The wall shall include returns at each end to extend along the D Street and E Street frontages for a minimum of 20 feet to minimize the potential for fugitive noise to propagate around the ends of the construction sound wall. A separate solid enclosure shall also be erected around stationary equipment such as a generator set or cement mixer. Since a grader is the noisiest piece of equipment that would be utilized during project construction and it would be employed during the earliest phases of construction, when operation of a grader commences, a qualified noise consultant shall be present to take offsite Lmax noise measurements adjacent to the project site during full operation of the equipment Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
to determine resulting noise levels adjacent to the property line. If noise levels exceed 86 dBA, the noise consultant shall identify additional measures to further attenuate the noise levels to no higher than 86 dBA Lmax. Such measures could include attaching an angled baffle along the top of the temporary sound wall, lining the interior side of the sound wall with straw bales, providing additional muffling of the grader engine(s), or using quieter equipment (newer equipment is generally quieter than older equipment).
The project construction contractor shall implement all additional sound mitigation measures identified by the noise consultant. The plywood sound wall shall be kept in place at least until the completion of all site grading and excavation activities, or as recommended by the noise consultant.
Illingworth & Rodkin (I&R) will perform the following tasks:
Task 1: Peer Review Salter’s Noise Assessment Report. I&R will review the applicant’s noise assessment report for approach, accuracy, and completeness. Only limited quantitative analyses will be conducted to verify predicted noise levels. The main issues are whether the correct significance criteria have been used and whether key issues have been properly evaluated. A memo or letter will be prepared that describes the peer review and identifies any issues that may require consultation with the City and applicant or additional analyses.
Task 2: Construction Noise Monitoring. I&R will visit the site during the initial phase of construction when a grader is used to take off-site Lmax noise measurements adjacent to the project site during full operation of the equipment. These measurements will determine resulting noise levels adjacent to the property, and if noise levels exceed 86 dBA Lmax, I&R will identify additional measures to further attenuate the noise levels to no higher than 86 dBA Lmax.
Budget
The proposed work would be performed on a time-and-materials basis for a not-to-exceed limit of $77,469 in labor costs and up to $1,650 in direct costs, primarily travel expenses. The labor budget does not include the cost of laboratory analysis, which would only be required in the event that cultural resources were recovered during the archaeological monitoring. If needed, laboratory analysis would add $3,454 to the cost. The labor budget is allocated as follows:
Archeo-Tec: $48,279
Illingworth & Rodkin: $7,150
DHA: $22,040
LABOR TOTAL: $77,469
Direct costs: $1,650
As-Needed Laboratory Analysis: $3,454
Work Schedule
Construction of the project is scheduled to begin on December 11, 2025, with a construction start-up meeting via Zoom scheduled for December 2, 2025. Doug Herring will participate in the December 2 start-up meeting and will commence monthly field inspections the following week.
Mitigation Monitoring Services for Construction of the Lazuli Landing Affordable Housing Project
I anticipate that Archeo-Tec will be onsite on the morning of December 11, unless grounddisturbing activities will occur sooner, for the archaeological sensitivity training of the construction project manager and crew. I was unable to confirm, given the schedule change I just learned of. If the construction project manager will not be on site when construction commences (which seems unlikely), Archeo-Tec will also attend the December 2 meeting on Zoom. We will update you regarding the schedule of Illingworth & Rodkin, but they are prepared to perform their tasks in an appropriate and timely fashion.
Thank you for the opportunity to assist the City again on this important affordable housing project, Carmela. Let me know if you have any questions or would like additional information.
Sincerely,
Doug Herring