The recommended actions and items developed for future discussion/consideration by the Board are because staff has exhausted administrative remedies in responding to landowner complaints as well as concerns raised by public safety first responders regarding Off-Highway Vehicle (OHV) activity in and along Cache Creek. Previous policy direction provided by the Board in 2015 and 2016 specifically directed that the County-owned property adjacent to the Esparto Bridge (CR 87) be left open for the use and enjoyment of OHV enthusiasts (See Attachment A, Location map). The Board's reasoning at that time was that any closure of the County-owned property would unintentionally result in increased trespassing on private property to access the Creek.
Current Request
As the result of extremely high usage and unprecedented demand on public safety resources, most notably the rural fire districts that provide emergency services in the unincorporated areas along Cache Creek, staff is recommending that the Board approve a budget resolution (Att. D) that will allow staff to physically fence and control access to the County's property adjacent to the Esparto Bridge, approximately 1 mile north of Esparto, on the east side of CR 87.
In addition, staff is requesting approval of a resolution (Att. E) authorizing parking restrictions on portions of County Roads 85 (Capay), 87 (Esparto), and 94B (approx. 0.75 mile north of the Monument Hills neighborhood) near where the roadway's have bridges that cross Cache Creek. The parking restrictions would create "no parking" zones on the shoulders of the county roads on either side of each road's bridge crossing over Cache Creek. (See Attachment E for exhibits depicting the proposed no parking zones.) These roadways are narrow with narrow shoulders. Emergency vehicles have been unable to bring in equipment and vehicles in recent emergency responses due to the volume of vehicles parked on the shoulders of county roads adjacent to the bridges. In addition to site security at the County's Esparto Bridge property, staff anticipates that approximately 25 "no parking" signs will need to be installed at an estimated cost of $40,000. The proposed budget resolution is intended to fund both the site security measures and any necessary signage.
Finally, staff have been working with the rural fire chiefs to identify and secure specialized equipment to assist emergency personnel with emergency response in and along Cache Creek. Options currently being looked at include surplus of County equipment, joint use agreements for existing equipment, and/or purchase of new equipment.
Background
Complaints related to OHV activity are frequently received by the County and Yolo County's Sheriff's Office in the spring and summer months (generally May - September) however the frequency and severity of complaints have increased in recent months. 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.
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 year-round OHV activity. Though not substantiated, this increase in OHV activity and associated complaints coincides with the State's Shelter in Place order, the physical closure of schools, and the forced closure of retail and entertainment industries to combat the COVID-19 pandemic. 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.
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
- Impacts to public safety at large
Impacts on Rural Fire Districts
Perhaps most concerning is the recent demonstrated impact on the rural fire districts that provide public safety to the County's rural communities and mutual aid to each other. Over the past few months 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 response to injuries and fires resulting from OHV activity in and along Cache Creek.
Response to OHV injury accidents is often delayed by the reporting party’s 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. ” 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 district (i.e. a vehicle accident on HWY 16).
Within the last two weeks of June the fire districts responded to two severe OHV accidents within Cache Creek as well as a substantial fire that started in Cache Creek as a result of suspected OHV use. Over 40 fire personnel were involved with the response to the OHV accidents and over 150 fire personnel were involved with the response to the in-channel fire. The diversion of these personnel resources leave the public vulnerable by way of delays in response times, inability to provide mutual aid for major incidents in surrounding areas, and risk of injury to the fire personnel due to dangerous terrain.
The affected fire districts have requested financial support from the County to acquire additional equipment, such as specially outfitted OHV's, to aid them in the delivery of their services in and along Cache Creek. County staff are working with the Yolo County Sheriff's Office to identify any available resources, such as surplussed Sheriff's equipment. Staff is also looking at long-term options to get the fire districts a dedicated unit to support public safety response and the associated funding. If staff is unable to identity grant funding or a restricted use funding source there may be a future funding request to the Board.
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 that make suppression/containment difficult. Fires may be ignited from legal and responsible use of OHV. 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.
Due to these public safety concerns, as well as the significant increase in landowner complaints, staff is recommending that the Board adopt the attached budget resolution authorizing use of revenues from the Cache Creek Resources Management Fund to fence and secure the County property that is used as a staging area and access point for OHV activity in Cache Creek.
Potential Additional Measures for Future Board Consideration
With the current request, staff proposes to temporarily restrict public access at the CR 87 property while other measures to address OHV complaints and impacts are developed for the Board's future consideration. Staff also proposes additions to the County's "No Parking" ordinance (Sec 4-3.107) that would prohibit vehicle parking on the shoulders of county roads 85, 87, and 94B as the roadways approach the bridge crossings over Cache Creek. Congested roadways and shoulders in these locations impact the ability of first responders to locate their vehicles and equipment close to access points (bridges themselves and/or creek bank within right-of-way) to be able to respond to emergencies.
Other potential options suggested by stakeholders include:
- Further curtailment of OHV activity hours of operation in Cache Creek
- Geographic prohibitions of OHV use in Cache Creek
- Seasonal prohibitions of OHV use in Cache Creek
- Complete ban on OHV use in Cache Creek
- Formalization of access point as a park to ensure fees are collected and location is staffed and subject to hours of operation
Staff proposes to further develop and evaluate these and any other proposed measures in coordination with stakeholders including affected public agencies, landowners, OHV enthusiasts and non-profit/environmental groups.
Reoccurring Impacts From OHV Use In and Along Cache Creek
The complaints and concerns received from landowners, business owners, and public entities along Cache Creek are not always unique to OHV activity (i.e. these types of complaints, such as trespass or vandalism, are received throughout the County as standalone complaints), but, in this context, are related to public OHV use in and along the Creek.
Trespass
One of the most frequent complaints received by Natural Resources staff and the Sheriff’s Office is OHV drivers trespassing to access the Creek. Under Penal Code 602, unless the subject property is completely fenced, or has “no trespassing” signs (three per mile) surrounding its perimeter, or is actively under cultivation, the trespasser must be given an opportunity to voluntarily leave. This provision is one of the reasons that the Sheriff’s Office makes so many contacts and so few arrests/citations.
Infringement on Property Rights, Privacy and Safety Impacts, and Noise
Many landowners have expressed concern that OHV activity on privately owned property exposes the property owner to liability for death or injury that may occur to riders and drivers. In addition, many landowners are not comfortable confronting trespassers due to increasing numbers of OHV drivers that are armed for hunting or target shooting purposes. One landowner near Esparto has reported instances of people driving trucks into the Creek for the purpose of filling the truck bed with gravel for use off-site in landscaping projects. Other concerns include invasion of privacy and complaints about the noise that OHV's generate, particularly at night. State regulations require registered OHV's (but not street legal SUVs, jeeps, and 4 x 4's) not to exceed 96 decibels. The state community noise standard for nighttime noise (6 pm to 6 am) is capped at 60 decibels. The noise generated by legally registered OHVs exceeds community noise standards by over 30 decibels during night time hours.
Vandalism and Property Damage
These complaints typically include damage or removal of fences to access the Creek, trash associated with parties and bonfires, removal/damage of signage, and damage to irrigation systems and other equipment. Private landowners must constantly repair fences and damages to County parks, such as Capay Open Space Park and the Cache Creek Nature Preserve, have totaled well over $100,000 in the past year alone.
Repairs to infrastructure due to OHV activity are recurring and unnecessary costs for the Parks Division and Natural Resources Division. This includes repair and replacement of irrigation lines that are crushed by OHV's, replacing plantings that are destroyed, sign damage, and repair or replacement of physical barriers such as gates, fencing, boulders, and k-rail. Also of concern is the damage to sensitive habitat and riparian restoration projects that are funded by the County. In some County parks heavy vehicle traffic into the Creek has created what amounts to trails or dirt roads into the Creek which encourages further vehicle activity.
Abandoned Vehicles
Vehicles may be abandoned in the Creek for many reasons. Typical reasons include the disposal of a stolen vehicle or a vehicle malfunction that physically prevents the driver from removing the vehicle from the Creek. Abandoned vehicles can be problematic for several reasons: First, they are difficult and expensive to remove from the Creek. Standard tow trucks are not able to access the Creek to remove these vehicles. Second, they typically contain fluids (oil, gas, transmission fluid, etc.) that can contaminate both the soil and the water. Third, if left in the Creek they can be moved significant distances by high flow events. A large jeep or 4x4 could damage infrastructure such as bridge piers or cause a redirection of flows at constriction points (points at which the Creek is particularly narrow) in the Creek and contribute to localized flooding.
Abandoned vehicle parts are also an issue in Cache Creek. The Natural Resources Division received a $45,000 grant from the State in 2014 to abate trash and debris in and along the Creek. In 2015 the County contracted with the Cache Creek Conservancy to remove over 190 tires from Cache Creek in conjunction with that grant funded project.
Regulatory Background
The County’s involvement in OHV regulation and enforcement along Cache Creek is primarily complaint driven. The Yolo County Board of Supervisors has in the past considered many regulatory options related to off-highway vehicle use in and along Cache Creek. Over several decades, the Board has received workshops and presentations related to OHV use in Cache Creek. Staff records indicate that the Board has dealt with many of the same issues subject to discussion at today's hearing over the past 25 years, since at least the mid-1990's. The use of recreational vehicles in Cache Creek can be documented back as far as the 1950’s, though landowners indicate it has been occurring much longer. Staff has researched County documents and conflict between OHV use and landowners on Cache Creek are noted in the planning documents that pre-dated the Cache Creek Area Plan (circa early 1990’s).
The Cache Creek Area Plan, adopted in 1996, references the conflict between landowners and OHVs: “According to local landowners, there is a great deal of unauthorized recreational usage. Off-road vehicles use formerly mined pits and streambanks, creating erosion and damaging riparian vegetation. Trespassing is frequent, with people poaching, camping, and loitering along the creek, leaving behind graffiti, property damage, and trash. These areas of the creek are typically found in remote locations, away from nearby residences and areas frequented by authorized visitors.” - Cache Creek Resources Management Plan, Sect. 5.1
The Cache Creek Resources Management Plan (5.5-7) specifically prohibits the use of off-road and all-terrain vehicles on public property within the Cache Creek Area Plan.
The most recent Board discussion and public debate on OHV issues occurred in late 2015 and early 2016 and coincided with a state-wide drought that began in 2011 and was serious enough to cause the State to enact the Sustainable Groundwater Management Act of 2015. Long periods of dry weather allow Cache Creek to be accessible by OHV's year round. When the channel is wetted the activity is generally prohibited by both nature and the mechanical capabilities of OHV's.
The Board received multiple presentations from November of 2015 through February of 2016 related to OHV recreation in and along Cache Creek. Public comments were submitted in favor of OHV use as well as opposing OHV use in Cache Creek. See Attachment B for November 2015 staff report to the Board. The Board thoughtfully discussed the issues and impacts and endeavored to provide the following:
- Adoption of Ordinance #1465 (Sec. 10-12.103 of Yolo County Code) that prohibits motorized vehicles in Cache Creek from 7 pm to 6 am, year round;
- $100,000 for increased and targeted OHV enforcement by the Yolo County Sheriff's Office; and
- Direction that Natural Resources and Parks Division staff work to find a suitable location for a sanctioned OHV park.
Since 2016, the Yolo County Sheriff's Office (YSO) has evolved their OHV enforcement activities to be more proactive and responsive to known areas of concern. Through funding from the Cache Creek Resources Management Plan and California Sate Parks OHV grants the YSO spends hundreds of hours per year contacting hundreds of OHV riders and providing education or citations were appropriate.
Public vs. Private Lands
There are 147 parcels with creek frontage, from Capay Dam in the west to the Cache Creek Settling Basin in the east (see map provided in Attachment C). About 10% of those parcels are publicly owned (Yolo County Natural Resources Division, Yolo County Parks Division, Yolo County Flood Control and Water Conservation District, or state owned) and another 15% of those parcels are owned by the gravel mining companies that participate in the Cache Creek Area Plan. The number of parcels is important to any discussion about Creek access as the vast majority of landowners along the Creek enjoy parcel boundaries that afford them legal access to the Creek channel. Of the County-owned properties along Cache Creek, OHV activity is prohibited on all of them, with the exception of the parcel immediately east of the Esparto Bridge (CR 87). This is because unauthorized motor vehicle use is prohibited in County parks in County Code, and the subject parcel is not a designated park site.
It is important to note that it is legal under state law to recreate within the average high water mark of a waterway. In Cache Creek, that means that OHV activity is legal within the active Creek channel unless the Board specifically prohibits it. However, it is ONLY legal to ride in the active Creek channel. Accessing the active Creek channel must be done with private landowner permission or through a publicly accessible parcel where the activity is not specifically prohibited (as it is in County parks such as the Cache Creek Nature Preserve, Wild Wings Park, and Capay Open Space Park), such as the CR 87/Esparto Bridge parcel.
In summary, an OHV rider who does not own any Creek frontage must have private landowner permission or access the Creek from the County's Esparto Bridge property on CR 87 to access the Creek without violating trespass laws.
Recreational Context
OHV activities are a legal and popular form of recreation in this region. Data from the State Department of Motor Vehicles shows that there were 6,957 OHV's registered in Yolo County as recently as 2013; this number does not include street legal jeeps and 4x4's which are frequently driven in Cache Creek for recreation. For the purpose of this staff report, the term "OHVs" is intended to mean any motorized vehicle driven off-road. OHV's include a variety of motorized vehicle types such as jeeps, 4x4 trucks, all-terrain vehicles (ATV's), dirt bikes and motorcycles.
OHV use is allowed on a variety of public lands including lands managed by the federal Bureau of Land Management (BLM), the US Forest Service, and numerous State Vehicular Recreation Areas (SVRAs). The closest federally sanctioned OHV recreational area is the BLM’s 18,000 acre Knoxville Recreation Area. Knoxville Recreation Area is located approximately 17 miles north of Lake Berryessa and straddles the Napa/Lake county line. The state operates eight (8) SVRAs, three of which are within 100 miles of Yolo County: Clay Pit SVRA is located just west of Oroville, Prairie City SVRA is located just south of the City of Folsom, and Carnegie SVRA is located in the hills that straddle Alameda and San Joaquin counties. Combined, these SVRA’s offer over 2,300 acres of OHV riding area. Between state and federal lands there are over 20,000 acres of lands publicly accessible for OHV use within 100 miles of Yolo County (as measured from the geographic center of the County).
Policy CO-1.20 in the County’s General Plan supports development of a new off-highway vehicle (OHV) park at an appropriate location, and Action CO-A9 stipulates that the Parks Division pursue State grant funds to restore areas of the County impacted by illegal OHV activity, to protect areas from unauthorized use through enforcement, and to redirect users to an OHV park. (Policy CO-1.10, Policy CO-1.22)
Status of OHV Park Planning Efforts
Per the Board's 2016 policy direction, staff from the Parks Division and the Natural Resources Division have diligently worked towards securing State Parks funding for an OHV park feasibility analysis and location siting report. In 2018, the County held two public meetings to solicit input and gain insight into the preferred types of OHV facilities and services desired in Yolo County and to guide staff in the preparation of a grant application to State Parks. The County held a public meeting on February 21, 2019 in Woodland to provide an overview of the draft State Parks grant proposal and let the public know how they can stay involved in the process moving forward. Additionally, the County released a survey to help guide discussion on future steps in the OHV planning process. The OHV park survey was the County's most popular survey ever released at that time, with 1,486 people voluntarily participating to provide input into the amenities and features they would like to see in a future OHV park.
On March 4, 2019, the County submitted its preliminary planning grant to the California State Parks OHV Grants and Cooperative Agreements Program. Based on the feedback received at multiple public meetings and from online survey results, the County focused its application on two objectives. First, the County is proposed to prepare a market analysis to ascertain if there is enough community and stakeholder support for OHV opportunities in Yolo County. Second, assuming demand is sufficient for OHV opportunities, the County will prepare a feasibility study to examine two different scenarios: (1) improving access to existing OHV trail riding opportunities within the unincorporated County; and (2) creating a small-medium sized OHV park in the unincorporated County. No potential site(s) have been identified to date.
In October 2019, the County was awarded $152,310 from California State Parks to fund the planning activities described above, a market analysis and feasibility study for creating a sanctioned OHV park for public use. The County is closely coordinating with a stakeholder group throughout this process that includes representatives from the OHV community, the Yolo County Sheriff's Office, the environmental community, the Cache Creek Conservancy, and the County's Parks, Recreation and Wildlife Subcommittee. Despite delays related to the COVID-19 pandemic, the market analysis is currently underway. |