Introduce by title only, waive first reading, and receive public comment on a proposed ordinance amendment to Title 10, Chapter 12, "Off-Highway Vehicle Use (OHV) and Operation" of the Yolo County Code to ban the use of motorized vehicles, including off-road vehicles, on the bed and banks of Cache Creek; find the action exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3); and continue the ordinance to the February 22, 2022, Board of Supervisors meeting for a second reading and adoption. (No general fund impact) (Rinde/Sabatini)

1. Introduce by title only, waive first reading, and receive public comment on a proposed ordinance amendment to Title 10, Chapter 12, "Off-Highway Vehicle Use (OHV) and Operation" of the Yolo County Code which, if approved, would ban the use of motorized vehicles, including off-road vehicles, on the bed and banks of Cache Creek;
    
2. Find the ordinance amendment exempt from CEQA under CEQA Guidelines Section 15061(b)(3); and
    
3. Continue the matter to the next regularly scheduled meeting of February 22, 2022 for second reading and adoption.

	Safe Communities
	Sustainable Environment

Background
Complaints related to Off-Highway Vehicle (OHV) activity are frequently received by the County and Yolo County's Sheriff's Office in the spring and summer months (generally May - September). OHV issues seem to be cyclical in nature and tend to coincide with long periods of drought or dry weather conditions.  This is because lower Cache Creek (generally defined as the portion east of the Capay Dam and extending nearly 20 miles to the Cache Creek Settling Basin) is an ephemeral waterway and only flows in direct relation to precipitation or managed releases upstream at Clear Lake or Indian Valley Reservoir. The frequency and severity of complaints have increased in the last year. 

In non-drought years the Creek will typically contain a sufficient volume of water in the winter and spring months to effectively prohibit OHV use, providing landowners a seasonal “break” from OHV activity. However, the Creek has been predominantly dry the past year, allowing for nearly year-round OHV activity. This increase in OHV activity and associated complaints coincided with the State's Shelter in Place order, the physical closure of schools, and the closure of retail and entertainment industries to combat the COVID-19 pandemic, but has continued as restrictions were rescinded.  In addition, anecdotal reports suggest OHV enthusiasts are traveling from as far away as Salinas and San Jose to recreate with their vehicles in Cache Creek, and the Creek has become a more popular destination.

Complaints come from landowners, nature enthusiasts, non-profit organizations, businesses, and visitors to Cache Creek.  Complaints typically involve one or more of of the following: 

• Trespass
• Property rights infringements (liability, safety, noise, use of guns, etc.)
• Vandalism and property damage (private and public property)
• Abandoned vehicles
• Environmental damage to riparian habitat, species, and public water ways
• Impacts to public safety at large

Perhaps most concerning is the recent demonstrated operational impact from responding to incidents in the Creek by the rural fire districts that provide public safety to the County's rural communities and mutual aid to each other. Over the past two years several fire districts that serve the Cache Creek area communities (Esparto Fire District, Madison Fire District, Willow Oaks Fire District, and Yolo Fire District) have reported a severe impact on their ability to adequately provide public safety services to their residents due to diversion of resources to respond to injuries and fires resulting from OHV activity in and along Cache Creek. 

Emergency response to OHV injury accidents is often delayed due to difficulty in providing an exact location to emergency personnel. For example, a reporting party might report the location of the incident as “west of 505 on the south side of the Creek” or “near the old Smith ranch,” which can be a large swath of land. With very few access points to the Creek that can accommodate fire and public safety equipment, and a distinct lack of lighting after dark, there are often significant delays in reaching affected parties. Fire district staff report an increasing number of air evacuations (helicopter/life flight) for these reasons. There is also concern that the resource intensive nature of responding to an incident on the Creek leaves the fire districts in a poor position to respond to other incidents that may occur within their districts (e.g. a house fire in one of the towns or a vehicle accident on HWY 16).

Similar concerns exist regarding response to fires in and along the Creek: extensive resource needs, lack of available water, difficulty in access, and exceedingly dry conditions make suppression/containment difficult. Fires may be ignited even from responsible use of OHVs. Spark arrestors are required of legal registered OHVs, but are not regulated on street legal vehicles. A street legal vehicle, with its exhaust or catalytic converter parked in dry vegetation, is easily capable of starting a fire.

Further, the environmental impact from OHV use in the Creek is significant.  The vehicles disturb the creek bed and destabilize the Creek bank. Restoration projects can be destroyed by trespassers, and plants growth is stunted by continuous vehicle use.  Trash and vehicle fluids contaminate the Creek bed, and continuous noise and human activity also impacts wildlife.

Due to these public safety concerns, as well as the significant increase in landowner complaints, staff is recommending that the Board adopt the attached proposed ordinance amendments to the Yolo County Code (Title 10, Chapter 12) which would prohibit the use of motorized vehicles on the bed or banks of Cache Creek. 

Requested Action
In August 2021, upon the conclusion of an update on the status of the Parks Division's "Off-Highway Vehicle Park Feasibility Study", the Board directed staff to return at a future date to allow the Board to consider an ordinance amendment to ban the use of motorized vehicles within Cache Creek.  If adopted, the ordinance would prohibit the use of motorized vehicles on both public and private property within the bed and bank of Cache Creek.  Certain exclusions are proposed for law enforcement, emergency responders, and those carrying out environmental restoration activities with valid local/state permits.  Staff recommends the item return to the Board at its next meeting for second reading and adoption.

California Environmental Quality Act (CEQA)
The ordinance is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides the "common sense exemption," in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.  In this instance, the prohibition of OHV use in Cache Creek will be protective of the environment and will not result in a substantial adverse change in the environment.

Staff has collaborated with the Office of the County Counsel, the Department of Community Services, Yolo County Sheriff's Office, Supervisorial District 5, multiple fire districts, various landowners along Cache Creek, and the Cache Creek Conservancy.