Coastal Commission Confronts County Supervisors on Biotech Goat Pharm 

Taking on the Board of Supervisors majority, which inexplicably has ignored the very plain language of the law, the California Coastal Commission has challenged the issuance of emergency permits to Santa Cruz Biotechnology Inc.  (SCBI). The permits would have allowed SCBI to take measures to better contain the rainy season runoff that has been laced with huge numbers of the disease causing coliform bacteria.

It’s not that the Coastal Commission doesn’t think that the runoff is dangerous to human health and the environment. In strongly worded letters to the supervisors, it stated that the situation doesn’t meet the definition of an emergency, since the manure laden runoff has been flowing through the Coast Road neighborhood during all the storms of the last three years. Since heavy rains aren’t expected until October, there’s no urgency to issue permits now for improvements that would take a few weeks at most to construct.

The Coastal Commission, via its deputy director, Tami Grove, went right to the heart of the problem: that the SCBI goat pharm on Back Ranch Road was built without any permits and with very little oversight from county agencies, and that the waste from the huge number of goats (over 1,600) has endangered water quality and created the danger of erosion. The commission demanded that the supervisors order an immediate and substantial reduction in the number of goats, and removal of the piles of goat manure to a safe, off-site location.

Walt Symons, Jeff Almquist and Tony Campos, the three supervisors who have refused to substantially rein in the goat pharm, voted to issue the emergency permits, despite SCBI’s brazen disregard for the county’s own permit process and the Coastal Commission’s opposition. They also refused, when confronted directly, to explain how the situation could be described as an emergency when the straightforward wording of the law clearly defines an emergency as you and I do, that is, "a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services" (CCR Title 14, Section 13229).

In one letter to the supes, Coastal Commission Deputy Director Grove wrote: 
"The water quality problems that are related to intensive livestock operations at SCB have been ongoing for at least over a one year period. We previously informed you on August 17, 1999 that an emergency did not appear to exist. Persistence of water quality problems for almost an additional year can in no way now be considered unexpected and sudden."

In the long run, perhaps the most disturbing aspect of this situation is that representatives sworn to uphold the laws of our county are willing to arbitrarily make decisions that clearly violate those laws. It strikes at the heart of our democratic society when the authorities choose to ignore the rule of law. It pushes us toward anarchy and forces people pursuing legal remedies to a grievance to resort to outlaw actions.

Hopefully, the Coastal Commission will be able to prevail and return us to legality. The commission will hold a hearing in San Rafael in Marin County on Wednesday, July 12, on what actions to take to enforce the law and protect our neighborhoods and environment from the foul pollution flowing from SCBI’s illegal operation. To get more information on this, log on to http://www.fonc.org or call Save Our Agricultural Land at 429-4196.

Ironically, the enormously profitable and privately held SCBI, owned by John and Brenda Stephenson, defends itself behind the cloak of its valuable role in combating disease, while jeopardizing the health of its neighbors, fish and wildlife.

Meanwhile, in the background, the Environmental Impact Study on the goat pharm is under way. Of course, this should have been done before the first goat was trailered onto the ranch. It was only under pressure from environmental and community groups, including the RBDA, that the supervisors passed an ordinance requiring it.

Redwood Meadows Winery Hearing Set

The Planning Commission’s hearing on the Redwood Meadows Ranch Winery application will take place, at long last, at 9 a.m. on July 12 in the Board of Supervisors Chambers, 701 Ocean St. It will finally give the public a chance to comment on the controversial proposal.

The hearing has importance beyond Bonny Doon and this particular case, because it could set a precedent for whether renting the facility out for social events like weddings is an integral use of a winery today, in order to successfully promote its wines.

The winery’s owners, principally Bill and Robin Cunningham, are seeking a coastal permit, a grading permit and a commercial use permit for a winery with a maximum annual production of 50- to 100,000 gallons, a 15,000 square foot winery, an 1,800 square foot wine tasting building, an 886 square foot office, a vineyard, an olive grove, 12 events per year with up to 195 people, 24 events per year with up to 150 people, and 24 events of up to 100 people.  The merits of the project have been debated for more than two years. 

Neighboring property owners, organized as Concerned Homeowners of Redwood Meadows (CHRM), strongly oppose the proposal because they fear its impact on their gated neighborhood, which shares a private road into the ranch with the proposed facility (Brisa del Mar, off Bonny Doon Road just north of and across from Smith Grade).

CHRM members say they knew that a winery was planned for Redwood Meadows, but were told it would be smaller than the present proposal. They claim they didn’t know it would be rented for social events.

The Cunninghams say drawings and statements made to the lot owners clearly indicated they planned a winery like the one proposed. They also say that the lot owners signed disclaimers stating they knew the winery would be open to the public. The CHRM neighbors say they thought this meant that there would be a tasting room like the one at nearby Bonny Doon Vineyards.

The RBDA Executive Board opposes the use of the winery for events except for those specifically related to selling wine, like tastings or dinners for restaurateurs or wine merchants. We feel that the impact on the neighborhood from traffic and noise is unacceptable, even though the Cunninghams have promised to make every effort to minimize the impact. We don’t doubt the Cunninghams’ good intentions, but are concerned about the benevolence of any future owner should the Cunninghams sell. We also worry that if the vineyard fails (like Randall Grahm’s and the late Dean McHenry’s, who had much more experience than the Cunninghams and still lost their vines to disease; and the Cunninghams lost the first vineyard to "gophers"), all we will be left with is an events venue, which never would have been allowed without its viticultural tie.

The capacity of the proposed winery is much larger than that of the planned vineyard, which means a lot of the grapes will be trucked in. How many times larger is a matter of debate. Former county planner Mike Ferry thought the vineyard would only yield enough grapes for about 10,000 cases. An experienced grape grower has told us even that is much too high. The Cunninghams say they can grow enough grapes for many more cases, but they concede that most of the grapes would have to be trucked in, which they say most wineries do.

To learn more about why the neighbors are opposing the project, call CHRM at 457-7986, or send e-mail to connieroth@earthlink.net. To get the Cunninghams’ side, call 458-2864 or e-mail them at wcunning@got.net.
 
 

New Deputy Sheriff a Natural for Bonny Doon

The deputy sheriff assigned to the new North Coast beat (including Davenport and Bonny Doon) is Stefan Fish, a Santa Cruz native who has lived on the west side all his life.

Sheriff Mark Tracy has committed to the new assignment for three years, after which it will be reevaluated.

During an interview conducted at the Martin Road Fire Station, Fish told the Highlander that he is well acquainted with Bonny Doon and the North Coast and enthusiastically volunteered for the new beat.

"The people in Bonny Doon are all different, but they know what they want and work hard to get it. It’s good to work with people like that," Fish told the Highlander.

Fish also said he is familiar with the Ecological Reserve and is anxious to do anything that he can to help maintain its beauty and integrity. He plans to work closely with the state Fish and Game Department to protect its fragile resources from vandalism (see story in Highlander Highlights on page 4). He recommended that the residents make their wishes known regarding parking restrictions on the roads near the reserve.

He noted that restricting parking not only will help keep visitors away from the restricted areas of the reserve, but will help safety because some drivers park with their car’s wheels on the narrow road.

A graduate of Santa Cruz High School and Cabrillo College, Fish, 28, has been a deputy for three years, after a stint as a security supervisor with the Seaside Company (the Boardwalk). He is married, has a two-year-old daughter and expects a son next month.

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Beware the iron monsters, which lurk in Cave Gulch. Of course, we’re talking about the cars parked close to or on the roadway of Empire Grade uphill from the UCSC campus.

The series of climbing "S" curves make the narrow, much used road perilous at best. With the growing student population and limited parking on campus (which leads to random parking along Empire Grade), and the oversized truck traffic, this situation has become worse in the past year. (We’re grateful for the summer respite, but know that the fall will bring the parkers back in droves).

This section of Empire is just not wide enough to handle such haphazard parking, combined with the steady traffic, in a safe manner. We wonder why CHP and the Sheriff’s officers never seem to ticket those who park their cars partially on the road? The same officers who, with the help of Public Works, seemed to solve the parking at the west entrance to the university, ignore the illegal and dangerous parking in Cave Gulch.

We encourage Bonny Dooners to report illegally parked cars to the CHP or Sheriff so that we can have a safe, southern approach to our community. 

Distant Rumble of Things to Come?

Has anyone else noticed the increased drone of huge engines and the sharp beep of backup warnings coming from the RMC Quarry on many days recently? Is it because RMC Pacific Materials (AKA: RMC Lonestar) is grabbing limestone higher up on the slopes below Smith Grade? If that is the case, can you imagine how loud it would be if they ever expand the quarry to the four residential properties they own right along the road, eliminating the protecting hills and trees in the process?

In contrast, the company has been very quiet about its expansion plans. In the last three years, RMC has allowed to expire two applications to expand quarrying within its "white zone," the area where mining is permitted.

Deputy Rescues the Eco Reserve

The value of having a deputy sheriff assigned permanently to the North Coast, and the dangers threatening the Bonny Doon Ecological Reserve, were both dramatically illustrated last month.

Cruising Martin Road, the Deputy Sheriff Kevin Coyne spotted a car parked illegally. Sounds of explosions led him to three young men who had thousands of firecrackers, including some bottle rockets and mini-mortars.

His timely detention of the trio not only prevented the launching of a fire that could have destroyed the rare plants of the reserve, but might have spread to other areas of Bonny Doon.

Shining Some Light on Solar Energy

Blessed with long periods of almost uninterrupted sunlight, Bonny Doon is well-suited to using solar energy for heating homes and water, and for electricity.

Michael Arenson, director of Rising Sun Energy Center in Santa Cruz, has been a solar energy educator and advocate for many years. At the May 10 RBDA meeting, he will discuss the benefits of using this renewable, unlimited energy source, including economic considerations and the latest developments in photovoltaics, radiant heating and solar water systems.

Photovoltaic gear, in particular, has been improving rapidly. There are systems available now for everything from outdoor lighting to irrigation pumps to powering modern homes. In fact, several Bonny Doon homeowners are already "off-the-grid," using solar generated electricity with little sacrifice in the way of the modern appliances, information and entertainment systems that are so much a part of contemporary life, even far out in the country.

Moreover, state funds are available to help buy solar electric equipment, and excess energy that is generated can be fed back into PG&E’s system for credit.  This is an excellent opportunity to get all your questions about solar energy use answered by an expert. Arenson has been involved with solar energy for nearly 25 years, has taught at Cabrillo College’s solar energy program since the mid-1980s, and has gotten awards for programs he has developed for Santa Cruz schools. He also is involved with equipment sales for the largest solar energy firm in Santa Cruz, so he is thoroughly familiar with what is commercially available and its cost.

We look forward to learning about more about this rapidly evolving, environmentally friendly technology, and hope to see you there.

Moon Rocks Protection Only a Small Step

The state Dept. of Fish and Game, which is in charge of the Bonny Doon Ecological Reserve, has begun to step up protection of this fragile resource, but budget limitations seem to be the chief impediment to an all-out effort to keep trespassers out of areas closed to the public, like the sandstone formations known as the "Moon Rocks."

Fish and Game says there is not enough money in their budget for the level of enforcement required to keep out mountain bikers, late night revelers, dog walkers and others who are not supposed to be in the reserve. After all, it is not a park. It is an ecological community that has few duplicates, and is home to several endangered or threatened plant and animal species.  Bonny Doon and the North Coast are blessed with thousands of acres of state parks much more suited to biking, hiking and other recreational pursuits. The reserve is meant to be more of an educational nature walk than a place to hike.

Speaking of parks and budgets, doesn’t it seem a little premature for our governor to propose drastically cutting state park admission fees when there still is so little money available for adequate monitoring and enforcement in parks like Gray Whale/Wilder?

Tickets Penned for Empire Grade Parkers

Driving past UCSC’s west entrance on Empire Grade is safer now that there no longer are 35 or so cars parked haphazardly along and off the road, and there is reduced foot traffic across the heavily traveled intersection.  Prodded by the RBDA and others, in March the county added signs to prohibit parking both on and off Empire Grade opposite the entrance, and the CHP and sheriff stepped up their ticketing operations.

But there are still problems. First, the enforcement by the gate seems to be only in the morning and the illegal parkers now gather later in the day.  Second, there seem to be more cars parked along Cave Gulch, often dangerously close to the roadway. With all the large gravel and logging trucks, cars and bicyclists that use the winding road, the possibilities for accidents are strong. It’s obvious that more signs and enforcement are needed. We hope the sheriff and CHP will step up to improve safety.

Plover Lovers Wanted

The North Coast beaches are home to the snowy plover, a shore bird which nests in the sand. They are very vulnerable to dogs and careless strollers, and their numbers have dwindled to the point that they are now on the federal threatened species list.
The Santa Cruz Parks Department, in conjunction with the Point Reyes Bird Observatory, has begun a Snowy Plover Protection Program. Volunteers have been building temporary structures around the plovers’ nests, and are helping to monitor and evaluate plover behavior and the success of the protection efforts.

Please watch for the staked out areas around the nests, (as well as for unmarked nests) when you are down on Scott, Waddell, Laguna and the "mile-designated" beaches, and make sure your dogs don’t get into them.  If you want to help protect the plovers, call Michael Scheele at the county parks department, 454-7932, for information.

Here Comes the Sheriff

According to Supervisor Mardi Wormhoudt, there may soon be a deputy assigned to the North Coast and Bonny Doon on a regular basis.

Ms. Wormhoudt says the Sheriff’s Department is currently trying to hire more staff. Once the roster is filled out, Sheriff Mark Tracy plans to base a deputy in Davenport whose beat would include the beaches and Bonny Doon.  As some of you may recall, Sgt. Tony Jack was at the July RBDA meeting seeking community support for a locally based deputy, and apparently he’s gotten it. Hopefully it will reduce response time to crimes and contribute to greater traffic safety.

Redwood Meadows Winery Hearing in June?

The Planning Commission’s long-delayed consideration of the application for the Redwood Meadows Ranch Winery may finally take place next month. The latest delay was due to the reassignment of the complex project to a new planning coordinator. (The previous coordinator took a job with the city planning department.)

If you want to comment on the proposal, watch our web site for an announcement of the hearing date.

The proposed winery is located in the gated development to the west of Bonny Doon Road just north of Smith Grade. The RBDA board has recommended that the size of the winery be scaled back, and that the request to rent it out for private social events be denied. We have not opposed the creation of a tasting room or the use of the winery for events directly related to promoting the winery’s products, like dinners for wine distributors.

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Goat Pharm Gets Deadline to Get Its Manure Together

Continuing their pressure on Santa Cruz Biotechnology Inc. to clean up their act, the Board of Supervisors has set a hearing for Tuesday, May 23, to review SCBI’s plans to control the pollution running off its North Coast goat pharm.

After listening to pleas from downhill neighbors along Coast Road, who fear for their and their children’s safety when the coliform bacteria-laden slop washes through their backyards, the supervisors on March 7 ordered the Planning Dept. to issue a notice of violations, and gave SCBI until May 1 to submit a plan for containing the nasty soup.

They also set a deadline of October 1 for the plan to be implemented.  Hopefully, it will be, before the next rainy season sets in. Tests of the runoff during the big early April storm again showed dangerously high coliform levels. The runoff not only endangers the Coast Road neighborhood, but a well that is the water supply for several of SCBI’s Back Ranch Road neighbors. If the well becomes contaminated, it could make their properties worthless.

SCBI is caught in a dilemma of its own making. The best method to contain the runoff is to contain the goat manure in concrete bunkers, but the supervisors have specifically ruled out that solution because they don’t want any permanent structures built until SCBI’s Master Plan is approved. The Environmental Impact Report (EIR) necessary for that approval is just in its early stages (more on that below).

If SCBI had followed the normal and legal course of applying for permits before moving 1,600 goats onto the property and installing fences, barns and other infrastructure, it would not now be in the situation it finds itself in. (SCBI wants to eventually keep 5,000 goats on the 300 acres of land it controls on lower Back Ranch Road, which runs from Smith Grade to Highway 1.) Irate environmentalists, farmers and neighbors eventually forced the county to enforce its own laws. The result was a compromise, a series of red-tag violation notices, and a new ordinance that allowed the biotech company to keep its animal research operation on commercial agricultural land. The supervisors also limited the amount of goats to about 1,700, pending approval of the Master Plan for the operation required by the new law.

Regarding the EIR, on June 5 the supervisors are scheduled to select a consultant to conduct the study. On March 15 the Planning Dept. had a "scoping" hearing, to get public input on the issues which should be addressed by the EIR. A wide range of experts and members of the public with many different interests showed up, and brought up several issues. They included the fact that there are hundreds of exploratory oil wells that were drilled there about 70 years ago, which could serve as direct pipelines for manure laden runoff to channel directly into the water table. The RBDA and others also asked that SCBI be directed to draw up a reclamation plan so that the steel and concrete foundations for the structures would be removed if SCBI abandons the land, so that it can return to agricultural use. 

The May 23 hearing could well determine the safety of SCBI’s neighbors over the coming year. We hope it will be well attended. 

Court Belts 2nd Unit Suit

The provisions of the county’s "second unit" ordinance that control rents and require them to be occupied only by close family members, or people who qualify for "affordable housing," were upheld recently by Santa Cruz Superior Court Judge Robert Yonts.

Two county property owners had claimed in a suit that the ordinances violated various state laws.

Without the restrictions, there would be little justification for allowing second units on properties zoned for single family dwellings. The ordinance is aimed at easing the local housing crunch for families of moderate means, and at the same time legalizing (i.e., place on the tax roles) the many illegal homes scattered around the county.

We Want Your Pictures

Since we’re now printing rather than photocopying the Highlander (the quality is better and it’s even a little cheaper, though it takes longer), we can print decent renditions of photos.

We invite you to send us your shots of the life and the landscape of Bonny Doon. We will publish some in the Highlander and on our Web site, space permitting. Please send photos (preferably no larger than 4x6s) to the attention of Bill Hornaday c/o RBDA, 102 Sunlit Lane, BD 95060.

If you want the photos returned please enclose a stamped, self-addressed envelope. All photos submitted become the property of the RBDA, though if we ever make any money from any of them (we’re not planning to) we’ll negotiate a fair deal with the photographer first. 

Friends of Bonny Doon?

Members of three local households recently sent out a newsletter under the name Friends of Bonny Doon. If they choose to protect the special nature of Bonny Doon we shall support them. If they choose to follow the pattern of their newsletter, we will probably take opposite positions. For 42 years the RBDA has been firmly committed to protecting the beauty, the quiet, and the underdeveloped nature of our community. Are they truly Friends of Bonny Doon, or Friends of Business Development?

RBDA Representatives to Advisory Groups

Helping to shape the preservation and future of Bonny Doon and the North Coast, the RBDA has representatives who sit on various advisory committees. 

They are:

Coast Dairies and Land Management Plan Advisory Group: Betsy Herbert
North Coast Beaches Advisory Committee: Ben Harmon
Gray Whale Park Advisory Committee: Ed Grumbine

We greatly appreciate the work our knowledgeable representatives do, and the chance to have input into these important groups.