Background
On January 26, 2016, the Yolo County Board of Supervisors adopted an ordinance adding Chapter 12 to Title 10 of the Yolo County Code which, among other things, prohibited Off-Highway Vehicle (OHV) use in Cache Creek from 7:00 p.m. to 6:00 a.m. This ordinance was adopted to address a myriad of OHV-related concerns, including trespass, infringement on property rights, vandalism and property damage, drain on public safety resources and environmental degradation. The night-time ordinance is temporary in nature, as it includes language that establishes a one-year sunset provision.
A few months prior, on November 17, 2015, other OHV-related actions were approved by the Board of Supervisors, which included adopting a budget resolution that increased funding for the OHV Enforcement Team of the Sheriff's Office with a one-time general fund contribution of $100,000 to support increased patrol hours, the purchase and installation of regulatory signage and public outreach.
Update on Enforcement
The Sheriff’s Office purchased approximately 20 regulatory signs using the one-time general fund contribution. These signs were installed at various locations along the Creek, with the focus on known, but not legal, entrance and egress areas. The installation of this initial batch of signs was completed in April 2016. More signs are currently being printed and will be installed within the next two months should the Board repeal the sunset date on the ordinance.
Enforcement of the night-time riding ordinance began in June 2016. Leading up to active enforcement, Deputies were advising OHV riders of the night-time ban at every contact made. The Sheriff’s Office estimates that hundreds of advisements were made during this time.
Since the OHV Enforcement Team began actively enforcing the ordinance, substantial progress has been seen on Cache Creek with regards to alleviating OHV-related issues. First, there have been no night-time citations issued by the Sheriff’s Office. Second, the local fire districts have seen little activity after dark with regards to OHV accidents and injuries. Third, complaints to the Natural Resources Division and to the Sheriff’s Office have also decreased substantially from previous rates. In 2016, the Natural Resources Division received zero OHV-related complaints from landowners and the Sheriff’s Office received very minimal complaints regarding night riding. For comparison, staff from both divisions would receive an average of eight to ten complaints per month, with a sharp increase surrounding holiday weekends (Memorial Day, Fourth of July, and Labor Day).
Throughout the year, the Sheriff’s Office sent the Natural Resources Division a summary on enforcement data on a quarterly basis. The data was broken down by OHV Enforcement Team patrols funded by three different sources: 1) State Parks FY 15/16 grant funds, 2) State Parks FY 16/17 grant funds, and 3) the $100,000 general fund contribution. Compiled enforcement data can be found in Attachment A. However, enforcement data resulting directly from the additional $100,000 is summarized below:
| Enforcement Hours |
346.5 |
| Contacts |
278 |
| Citations |
21 |
| Warnings |
61 |
| Arrests |
1 |
Data collected from 01/01/2016 through 12/31/2016
It should be noted again that out of these citations, none were for a violation of night-time riding. All citations were related to trespass, registration and helmet violations. The one arrest that was made was for an individual who had two outstanding misdemeanor warrants and was not OHV-related.
Recommended Action & Ordinance Amendment
The recommended action is to approve an ordinance repealing Section 10-12.107 of Chapter 12 of Title 10 of the Yolo County code (Attachment B). This action will remove a “sunset” provision that automatically expires the ordinance after it is in effect for one year. The current expiration date of the ordinance is February 25, 2017.
Staff recommends that the Board should permanently adopt the night-time ordinance. With one year of enforcement data collected and positive anecdotal evidence from landowners along the Creek (Attachment C), Staff believes that to date, this ordinance has been effective in reducing the impacts of the issues it was intended to address.
CEQA Compliance
Adoption of the proposed ordinance may constitute a “project” under CEQA and, consequently, it is necessary the appropriate level of environmental review. This office believes that adoption of the ordinance is within the scope of at least three exemptions:
CEQA Guidelines Section 15307: This exemption applies to actions by regulatory agencies for protection of natural resources, including actions that “assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.” The proposed ordinance does precisely what Section 15307 requires and, though increased conservation, will help maintain existing resource values and protect the overall environment.
CEQA Guidelines Section 15308: This exemption applies to actions by regulatory agencies for protection of the environment, including actions that “assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.” It is thus virtually identical to Section 15307 and applies to adoption of the ordinance for the same reasons.
CEQA Guidelines Section 15061(b)(3): This is often referred to as the "common sense" or general rule exemption, which applies where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment. This exemption applies for the same reasons that the exemptions in Sections 15307 and 15308 apply. Put simply, the proposed ordinance provides for increased conservation and other changes intended to improve the efficacy of the County's approach to mitigating the conversion of farmland. The protection of farmland and its associated habitat and open space values contributes to the protection of existing biological resources and other aspects of the environment. |