Nishi Campaign Response to Measure A Forum

Measure-A-forum(From Measure A Press Release) – On Wednesday evening, over forty Davisites attended the Davis Vanguard’s Measure A Debate at University Park Inn.

Supporting ‘Yes on Measure A’ was Tim Ruff, managing partner for the Nishi Gateway project, and Michael Corbett, former mayor and developer of The Village Homes, Davis’ leading example of sustainability. Alan Pryor, campaign treasurer, represented the No on A campaign.

Each campaign was asked questions generated by either the moderator, David Greenwald, publisher of the Davis Vanguard, the opposing campaign, or the audience, with a chance for each side to rebut. The primary topics discussed included traffic and housing, but the areas of sustainability and jobs were also touched upon.

One important question asked by the moderator was, “Absent the project, how do you solve for the City’s need for housing, jobs, and infrastructure on Richards Boulevard?” Pryor responded with “we don’t need more jobs…what we need is to adjust our housing jobs imbalance, and the only way we’re going to do that is by building more housing.”

The No on A campaign asserted that support for tech businesses and economic development is not needed in Davis. They also indicated that there is strong belief that the R & D space proposed at the Nishi Gateway Innovation District would not get built, which came as a surprise to Mike Hart, CEO of Sierra Energy, who was in the audience. Sierra Energy, with its headquarters in downtown and its research facility in South Davis, has recently joined the Nishi Gateway project with the expressed position of helping to develop the research park component.

Because the No on A campaign have never actually checked in with the tech community to ask them what they need, they don’t know that entrepreneurs like Hart have already invested many years and dollars into the community they live in and love.

Hart has spent the last 10 years building up his waste-to-energy tech company, based on technology presented at the UC Davis Big Bang! Competition, because he believes in the university and the power of its innovations. His passion for developing the entrepreneurial ecosystem in Davis is directly tied to a vision of accelerating the research and startups coming out of the university, and the 325,000 square feet of R&D space proposed at the Nishi Gateway.

Regarding how the improvements to the Richards Boulevard/Olive Drive/Interstate 80 intersection would otherwise be paid for, Pryor’s only response was to request more taxpayer funds from the City, State, and Federal programs with the hope that enough funds could be collected for the required improvements.

When ‘Yes on A’ representatives discussed the issues created by the lack of student housing, Pryor said the site cannot be used for housing due to air quality issues and that there are plenty of infill sites such as the Sterling Apartment site.

Later in the debate when Pryor was pressed on what suggestions the opposition had for providing solutions to the student housing crisis, he reversed his position and stated that the No on A position could support MORE housing on the Nishi site as long as it was “more affordable,” which seemed to indicate that air quality concerns are not really an issue.

At one point, Pryor demanded the project be brought back before the City Council for further review, even though the Council had recently approved the project unanimously and that all of the current candidates for City Council have unwaveringly endorsed a ‘Yes on Measure A’ vote for this June.

Pryor also passionately demanded that global warming needs to be taken seriously. But this strong statement by the No on A campaign contradicts the very sustainable solution of students living at the only site in Davis where studies show that 80% of residents will be expected to bike and walk to and from the university and downtown.

Mike Corbett, developer of a LEED platinum project being constructed in downtown, added that, “It appears that the No on A plan is to have everybody commute to Davis, increasing greenhouse gases, pollution, and traffic. This is the main cause of global warming. The No on A plan actually increases greenhouse gases for the region considerably when compared to our award winning sustainability plan at the Nishi Gateway project… and I should know a little something about sustainability!”

In response to Pryor’s statements concerning affordable housing, Council Member Robb Davis recently wrote, “the No on A (representatives) are free to say anything they want about the project. Unlike the City, they are not required to provide objective information and can willingly sow confusion, make vague accusations, and mislead. Evidence to date suggest they will do all of these.” This unanimous support by the City Council is reflected in recent public comments also made by Council Members (and candidates) Brett Lee and Lucas Frerichs, as well as Council Member Rochelle Swanson at the ‘Yes on A’ campaign kickoff event at the Natsoulas Gallery in downtown Davis.

The advocates for Measure A also pointed out that recent housing studies indicate that the primary cause of unaffordability in the State is due to the lack of housing supply and is contributed to by frivolous CEQA lawsuits. It was then noted by Ruff that the No on A campaign provides “no new housing alternatives for students or workers in their opposition and have indeed filed a CEQA challenge,” wasting time and resources on a project that has been supported through a thorough process with the City Council, City commissions, community groups, the university, regional planning agencies, and the tech sector.

In his closing remarks, Ruff utilized a poster illustrating a comparison of the outcomes for Davis if Measure A were to pass versus if it were not to pass. With a “Yes on A” vote, Ruff highlighted that:

* $23 million would be contributed to fixing traffic in Davis;

* 440 units of housing for 1500 students;

* $1 million donation to the affordable housing trust fund;

* 20 acres of open space parks would be available to the City’s residents; and

* 325,000 square feet of R&D space would be available for startups, with development led by a local tech company that has demonstrated success.

Should Measure A not pass, then each of these opportunities and amenities would be lost. “The facts are on our side in providing solutions to both the housing and traffic problems, the opposition is struggling to create reasons to oppose this project,” stated Ruff. “Multiple times during tonight’s debate, the No on A campaign failed to reconcile their frequently juxtaposed positions that provide no solutions for affordable housing, demands for sustainability, air quality concerns, and traffic improvements as a result of the 9,000 new commuters from the already announced university expansion.”

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118 comments

  1. Shameful that our “progressive” city is seeking to create a ghetto for young people in an area famous for  its toxic air.  Shameful.  And that Yes on A mailer had photos of families and babies playing in that murky soup, without one word about the location of the project ?  Lee and Davis, you should both be embarrassed for voting for this project.

      1. Breathing ultra-fine metals from braking cars on the freeway is not something you’d be aware of.  Not everything that can harm you is detectable by human senses.  That’s why we have things like carbon monoxide detectors.

        (and yes, I have visited the site.  It’s quite lovely, actually).

        1. Roberta – It can’t be a “lovely” site and have poisonous, toxic air at the same time.  That the air at Nishi is so toxic that it can’t be developed is an absurd allegation.  That its proximity to the freeway means that mitigation to improve air quality for workers and residents could be done is more of an honest and accurate statement.  The plan calls for extensive green open space and the planting of an urban forest to address this issue.  To continue to call Nishi air a toxic soup that will kill people is just irresponsible and, frankly, reaching the level of stupidity.

        2. ryankelly:  “That its proximity to the freeway means that mitigation to improve air quality for workers and residents could be done is more of an honest and accurate statement.”

          Well, that’s what the “Yes” side is stating, I suppose.  I’m not sure if it’s an “honest and accurate statement”, since there appears to be more than one professional opinion regarding this.

          Since most of us are not experts in this area, we’ll have to rely on the (conflicting?) opinions of professionals.  (Sort of like a courtroom, where different professional opinions are provided for laymen to sort out.)

          But, I disagree with one of your other points. Any given site can be scenic (“lovely”), yet still unhealthy.

        3. Ron said it exactly.  The site is scenic but unhealthy.  Appearances can be deceiving.

          As for the conflicting experts, I’ve yet to hear anyone counter Dr. Cahill’s evidence with anything but pure opinion.  I asked specifically about this at the debate, but the response from the “yes” side spoke only of mitigation, which Dr. Cahill has said would be insufficient.  The “yes” side did not say that it disagreed with Dr. Cahill’s findings.

        4. Roberta,  Here is what Cahill wrote in his conclusions:

          “The farthest north reaches could support apartments if special efforts are made to over-pressure the apartment blocks with ultra-filtered air inputs and the like, supported by canopy vegetation throughout Nishi. However, it will take years before the vegetation can grow large enough to materially reduce the air pollution.”

          The apartments are located on the North side of the property and the plans include immediate planting of trees – an urban forest at the western tip and trees planted heavily along the freeway side as well as throughout the development.  The buildings will also have air filtration systems.  It will be 5 years before residential units will become available for occupation, so the trees will have time to mature.  Cahill had no problem with the development of R&D sites and even suggested a hotel.  So even he doesn’t think that the project site is undeveloped.   You and other No on A supporters have twisted this into Nishi being a site with toxic air without even considering the mitigation and efforts to improve the environment.

        5. Breathing ultra-fine metals from braking cars on the freeway is not something you’d be aware of.

          Do you support an immediate, emergency health evacuation of Olive Drive East?

        6. Alan Miller, as I wrote elsewhere on this page, according to Dr. Cahill Nishi is a particularly bad site, with a health threat 10 times worse than your average California freeway adjacent site.  That is because Nishi is:
          A.  Jammed between a heavily travelled freeway and heavily used train corridor, with most of the site within 500 feet of I-80 and all of it within 900 feet of the freeway.
          B. Downwind of a high traffic, truck-rich freeway with persistent heavy braking,
          C. Which is placed on an elevated berm directly upwind of the site, and
          D. Impacted by train diesel as they brake and accelerate going west from Davis

          He has elsewhere referred to this as a “perfect storm” of factors.  There may be impacts from Olive Drive, but it is not a “perfect storm.”

        7. Roberta,

          The experts who analysed the air quality impacts as part of the EIR offered their expert opinion in providing the mitigation impacts as part of the EIR. These are backed by copious data and meticulous analysis.

        8. DavisforNishiGateway person without a name:

          Which experts, other than Dr. Cahill, are you talking about?

          Here is what Dr. Cahill wrote, in a document that you can obtain upon request by emailing him:

          1.     I supported a research and innovation center with ultra filtration to protect the workers but with the absolute minimum of on site housing. I stated that if there were to be any very limited housing, it must follow a protocol…(Appendix A)..
           
          i.               Far away from the freeway.
           
          ii.              Establish the nature of the threats including > 1 yr of data,
           
          iii.            Independent review of the studies and the project
           
          iv.            Apartment proposal with pressurized ultra filtration,
           
          v.              Evaluate the effectiveness of mitigation efforts
           
          vi.            Publish the results in the peer reviewed literature the success, partial success, or failure of this effort.
           
                       I presented the information to the developer and Council in January, 2015, but items i, ii, and iii were not done. Since then there have been major changes that have greatly increased my concerns, as we are putting young unsuspecting young residents into serious risk:
           
           
           
          1.     The Nishi proposal was morphed into a village with thousands of residents, parks, retail, amenities, student housing, and apartments for both rent and sale.
           
          2.     Davis completed its Environmental Impact Report showing “…significant and unavoidable” (4.3-33) …” air quality impacts based on existing state and federal air quality regulations. This result was supported by measurements of diesel soot.
           
          3.     My analysis of the freeway impact has been completed, and the Nishi health threat is roughly 10 times the average California freeway. (see Atm. Env, April, 2016)

          New health data have become available including the almost doubling of the rate of having an autistic child if conceived with 1020 feet of a freeway.

           

        9. Dear DavisforNishiGateway person without a name,

          I can see that Ascent Environmental prepared the EIR.  Did they do their own independent research as well?  If so, can you please refer me to the pages of the FEIR where that research appears?  I am happy to take a look at it and be corrected, but it’s a long document, and you seem familiar with the “copious data and meticulous analysis.”

      2. ryankelly, can you tell me which document and page number you are quoting Dr. Cahill from?  I’m not doubting your quote, but I’d like to see the context of it.

    1. Merriam-Webster says . . .

      Definition of ghetto

      : a part of a city in which members of a particular group or race live usually in poor conditions

      : the poorest part of a city”

      Nishi is a lot of things, but it doesn’t fit the definition of ghetto.

      1. Absolutely it does. And the ads to lease those apts to far away privileged kids of rich parents will be full of falsehoods like that union piece that arrived this week depicting six babies living on Nishi.  Disgusting.  What a shameful moment for Davis. Vote NO

    2. M.H.:  Shameful that our “progressive” city is seeking to create a ghetto for young people

      There are several interesting statements in the No campaign that tend to contradict and even discredit one another.  This one from Harrington is one of them.

      I’m now looking at the No on A advertisement on this page that says, “No to Unaffordable Housing.”

      I have a hard time understanding how “unaffordable housing” is a “ghetto for young people.”

    3. First the project is too expensive. Now it is a ghetto. I guess if you throw enough mud you can hope that something just might stick. First Alan Pryor says Tom Cahill “has a long history of completely contradicting himself from year to year on this issue [the safety of air quality in residential areas with respect to children] as well as his widely varying recommendations on wood smoke (probably because he is a self-admitted prolific wood burner) for years,” now the Mr. Pryor and the “No” side is holdhing him up as somehow trumping the meticulous work of the experts who completed the air quality report and recommended mitigation measures to reduce impacts to less than significant. Enough with the absurd contradictions. The “No” side is no longer interested in debating the facts because the facts don’t bear out their assertions.

  2. What nonsense, Mr. Harrington. Talk about shameful, it was only seven months ago that Alan Pryor posted the following about Dr. Cahill on the Vanguard:

    Alan Pryor
    November 24, 2015 at 4:26 pm

    This is the same Thomas Cahill who gave the thumbs up to the New Harmony project before Council and the Planning Commission years ago when local physicians questioned the wisdom of putting a low income housing project directly adjacent to the freeway citing evidence showing the adverse impact of freeway pollutants on children’s developing lungs. He said all you had to do was put in high efficiency filtration systems in all of the homes and plant cedar trees along the frontage. Well, Nishi is planning on putting in the same type of high efficiency particulate fillters in their proposed housing. It is hard to imagine he supported housing for long income children directly adjacent to the freeway but now opposes housing for adults that is actually further removed from the freeway. Unfortunately, Dr Cahill has a long history of completely contradicting himself from year to year on this issue as well as his widely varying recommendations on wood smoke (probably because he is a self-admitted prolific wood burner for years).

    What is shameful here is the disingenuous crap that No on A folks is spreading and purporting to call it scientific evidence.  We should be using science to further public policy, not distort public debate and make outrageous claims that is not supported by the science.

    1. Perhaps when Alan Pryor wrote that he did not yet understand Dr. Cahill’s finding that the Nishi health threat is roughly 10 times the average California freeway, due to the particular characteristics of the site.  Quoting from Dr. Cahill’s document, which he provided to me upon my request:

       
      Nishi is:
            A.  Jammed between a heavily travelled freeway and heavily used train corridor, with most of the site within 500 feet of I-80 and all of it within 900 feet of the freeway.
            B. Downwind of a high traffic, truck-rich freeway with persistent heavy braking,
            C. Which is placed on an elevated berm directly upwind of the site, and
            D. Impacted by train diesel as they brake and accelerate going west from Davis.

      The fact that Dr. Cahill would support one project and not another lends him credibility, in my view.  He is evaluating each site independently and is not making a blanket rejection of all housing sited near a freeway.

        1. See my comment below.  He is against using the site for housing sensitive groups, like seniors, children, pregnant women.  I did not hear him advocate for its use for low-income housing, but rather, for student housing.  In this, Pryor diverges from Cahill, who is against using the site for housing at all.

      1. Here is what Cahill wrote about Nishi:

        The farthest north reaches could support apartments if special efforts are made to over-pressure the apartment blocks with ultra-filtered air inputs and the like, supported by canopy vegetation throughout Nishi. However, it will take years before the vegetation can grow large enough to materially reduce the air pollution.”

        Read the plans for Nishi and see that the designs have responded to these suggestions.

        1. ryankelly, can you tell me which document and page number you are quoting Dr. Cahill from?  I’m not doubting your quote, but I’d like to see the context of it.

        2. Roberta, Cahill testified at the Planning Commission meeting on October 14, 2015 and submitted a written letter detailing his concerns.  This was where the quote was from, it appears. I can see evidence of the meetiagenda, but no minutes are posted. The website only has the video of the meeting posted for 3 months.

        3. ryankelly, on p. 2-81 of the FEIR, there is a document that appears to be from Dr. Cahill’s visit to the Planning Commission on October 16, 2015.  At the top of the document, the following statement appears in bold:

          “My recommendation: If the Planning Commission should decide to support the Nishi proposal, the threats from air-pollution (diesel and ultra-fine metals) are so grave that it should be modified to eliminate all residential housing.”

          The quote you mention does appear at the bottom of p. 2-82.  But in the very next sentence, Dr. Cahill goes on to urge that the situation might (and ideally should) be improved if California makes effective efforts to remove the toxics from brake drums and pads, and that it should be verified by ultra-fine compositional on-site testing, especially in winter inversions.

          And then there is another paragraph in bold:

          “However, in present conditions, it is my opinion that causing people, and especially vulnerable populations spending much of their time on the Nishi property, to movie into a situation of such great potential harm is simpl[y] not supportable.”

          So, the very qualified statement that David quoted and that you quote in turn is flanked by two very definitive statements in bold.  I’d say that Dr. Cahill’s view is that there should not be any housing on the site, and the fact that he is now taking out “ads” in the Enterprise to make that case supports that interpretation.  I believe that he thinks that since then new evidence has come to light concerning the potential for increasing the chances of autism in newborn children at the site, and this has increased his concern for having housing there.

      2. It is amazing that Dr. Cahill has such certainty about his views without any actually air monitoring. And what can’t be accounted for is how the new trees and building forms will change the air dispersion model.

        But even more interesting is that the No on A posters say “No to Unaffordable Housing” but then Alan Pryor advocates for only student housing, which by definition (and regulation) is exempt from the affordable criteria. So which is it? The No campaign wants affordable housing at Nishi, or they don’t (because affordable housing most certainly will include these sensitive populations that are being complained about)?

        1. Rob White, you are mistaken.  He has monitored the site.  If you email him, he will send you the information.  They are also publicly available in the Nishi FEIR.

      3. Roberta Millstein

        I do not doubt the sincerity of Dr. Cahill. It is the sincerity of Alan Pryor that I would question. He seems to believe in Dr. Cahill’s recommendations when it suits his purposes and ignores or dismisses Dr. Cahill’s findings when they do not suit his purposes.

        This is not the first time that Alan Pryor has used this tactic. During the debate over fluoride, Alan Pryor argued that he wanted for all sides to be heard. On a technicality due to a listing error on a schedule presented to the City Council, he challenged me and would not let me present highly relevant information. After the final City Council vote, he told me in person that he knew that much of the data and studies presented by the opposition to fluoride was either invalid or misleading, but that he did not challenge it because they supported his position. Regardless of one’s position on fluoride or air pollution, either lying yourself, or allowing untruths to stand unchallenged is completely unacceptable. While I have not seen Alan Pryor actively lie, I know him to be willing, in his own words, to allow erroneous statements to stand as the truth if it suits him.

        1. For the record, my own position on what should be done is closer to Cahill’s than Pryor’s.  But one of the reasons I went to the event was to try to get a better understanding of Pryor’s views with respect to the air quality issues.  I thought that I did, but others say that his views are other than how I have portrayed them.  *shrug*  I’m not going to get overly fussed about it.  It’s Dr. Cahill who has done the research.

    2. As I have since reported:

      “…my opinion has changed. I read a whole lot more about the adverse impacts of freeway pollution and actually did some computer dispersion modeling using EPA software like I did years ago with wood smoke. New Harmony and Nishi are completely different in terms of their topography and the direction of prevailing winds relative to the freeway and railroad tracks . Nishi is downwind from prevailing winds and sits down in a “bowl” allowing pollutants to downdraft and settle in the low-lying areas particularly during winter months with inversions – just as Dr. Cahill stated.”

      1. But the risk is actually fairly low from Nishi and lower than the overall risk of respiratory cancer.  I question your conclusions.

        1. Cancer is not the primary problem with the contaminated air.  Asthma and other health impacts are the problem.   The argument about low cancer rates is an attempt to hide the ball.

      2. Or maybe you don’t really believe that there are dangerous air quality issues but have gotten tangled up in your positions and now are stuck having to defend them.

      3. Alan, I would like to see the references for the health impacts you believe are present at Nishi.  As you know, I believe interpreting the findings of the the small, correlational studies Dr. Cahill cites are way over board and is a bad use of scientific findings.  One or two studies does not a fact make.

  3. When ‘Yes on A’ representatives discussed the issues created by the lack of student housing, Pryor said the site cannot be used for housing due to air quality issues…

    Later in the debate when Pryor was pressed on what suggestions the opposition had for providing solutions to the student housing crisis, he reversed his position and stated that the No on A position could support MORE housing on the Nishi site as long as it was “more affordable,” which seemed to indicate that air quality concerns are not really an issue.

    Sigh.

    1. In fact, Pryor did not contradict himself.  He stated very clearly that while some (like Dr. Cahill) are against using the site for housing at all, he himself objects to the site being used for housing for particularly sensitive groups, like seniors, children, and pregnant women.  Pryor said that he would be OK with the site being used for housing (presumably young, healthy) students alone, while acknowledging that others would disagree with him on that point.  You can agree with him or disagree with him, but he did not contradict himself, and again, stated this all very clearly.  Saying that he did is just a smear tactic.

      1. In a response to a question regarding the lack of students housing…

        Pryor said the site cannot be used for housing due to air quality issues and that there are plenty of infill sites such as the Sterling Apartment site.

        From this comment it seems like he is opposed to housing on the site for students.

        Then he goes on to say he would support the project if it included more affordable housing?

        Pointing out when someone contradicts themselves is not a smear tactic.

        1. Again, I think that is a misrepresentation of what he said.  That is not a quote; that is what whoever wrote this piece claims that he said.  He is not against housing at the site altogether; he thinks it should be for student housing alone, but not used for housing for sensitive groups.

        2. The current plan is to design the housing for students. So I’m having a hard time understanding why, if Alan thinks it’s okay to have student living there, he is using air quality as a reason to oppose the project, while at the same time arguing for more housing.

        3. To Roberta Milstein: YOU are misrepresenting Alan Pryor’s position – he has clearly advocated for more affordable housing on the Nishi site, at the same time he doesn’t want housing on site for seniors, pregnant women and young children.  Problem is that it is highly likely any affordable housing at the Nishi site would be for low income folks who are seniors or pregnant women and/or children.  That makes his statements internally inconsistent.

        4. Nameless: I think what we are seeing is that the kitchen sink approach of the No side has left them making inherently contradictory arguments.

        5. “Problem is that it is highly likely any affordable housing at the Nishi site would be for low income folks who are seniors or pregnant women and/or children.  That makes his statements internally inconsistent.”

          This is exactly right.  The more the No folks repeat this stuff, the more their arguments start falling apart.

  4. Here is what I saw at the debate – the pro-Measure A side spent their entire “opening statement” talking about traffic improvements.  Traffic improvements are the carrot they are dangling in front of a population weary of sitting in traffic on Richards.  But surely, that should not be the main benefit of the project?  It felt very disingenuous to me, and of course, others have challenged whether our traffic will really improve.

    I also noticed that Ruff and Corbett often did not answer questions asked, and spent much of their time attacking Pryor, talking while he was talking (which Greenwald seemed to allow for some reason).  This is what people do when they have no argument – they make personal attacks on the other side. They did not behave professionally.

    I find it amusing to read this very one-sided characterization of what happened on Wednesday.  I barely recognize the event.

    1. The problem with your assessment are the actual words used by the No on A side, which are contradictory and offer no reasonable solutions to the city’s problems.

        1. Nameless: the above article was not written by the Vanguard.  It is a piece written by the “yes” side.  And taking someone’s words out of context is the same as misrepresenting them.

        2. Roberta

          I was there, and these words were not taken out of context. Alan Pryor is an intelligent, well-spoken individual and when he says something, I believe he means what he says. These comments were made by him (though I will concede they are not word for word), the intent was easy to understand and the message was not complicated, so I don’t think we should question his intent nor the meaning other than what is obviously represented.