Valley Water Board Bans Encampments Along Santa Clara County Waterways, Setting Fines Up to $500

Homeless people will be barred from living along waterways controlled by Santa Clara County's largest water agency, and those found camping there could be cited for an infraction or misdemeanor carrying fines of up to $500. The Valley Water board of directors approved the measure on Tuesday, 2024-11-26, by a 6-1 vote.

The Water Resource Protection Zones Ordinance takes effect Dec. 26. Its stated purpose is to cut pollution in waterways by keeping people from living on agency land. The board also told staff to write to the county asking that cold weather shelters be expanded in the coming months. Director Rebecca Eisenberg cast the lone no vote, calling the ordinance a "false flag solution" that will not help anyone.

Valley Water holds land rights to about 333 miles of the more than 800 miles of waterways in the county. More than 700 people are camped along its property, a figure that has climbed since the pandemic.

Before the vote, the agency held a listening session to gather input from homeless advocates and other stakeholders. It then convened a summit with district staff, housing nonprofits and county officials to address the humanitarian and environmental issues involved. Those meetings produced an implementation plan that calls for outreach and education first, with enforcement starting Jan. 2. Valley Water says it will seek stakeholder feedback along the way, and the board will review how well the policy works.

Supporters pointed to environmental damage and cost. "Our fisheries are very damaged, and we are having to spend a lot of money to fix the effects of negative things from the environment within our creeks," Director Barbara Keegan said. Over the past three years, the agency has spent $8 million cleaning encampments and $4.8 million relocating people living along Coyote Creek, and workers have hauled out nearly 6 million pounds of trash and debris. Eighty-three miles of the creeks it owns are dedicated to water supply.

Employee Katie Muller said staff have faced worsening safety conditions, including aggressive dogs and verbal and physical threats and harassment. She said such incidents keep workers from focusing on their jobs and put both employees and the agency's mission at risk. Some workers have also been attacked while on duty.

Beyond banning encampments, the ordinance prohibits encampment-related trash and pollutants, activities that disturb nearby residents, and conduct by people in encampments that could endanger Valley Water employees or the public.

Mark Bilski, an assistant officer in the agency's maintenance division, described the penalties as a last resort. "The intent of the ordinance is to not result in criminalization," he said previously, adding that the agency wants encampments to relocate. Crews will first hand out information on the policy and give people a chance to move before an area is cleared, and law enforcement may be called in if needed. Spokesperson Matt Keller has said sweeps will be "judicious" and based on the availability of housing or shelter balanced against situational needs.

Homeless advocates argued the policy amounts to criminalization regardless of intent and asked the board to delay enforcement to allow more outreach. Others said it should not begin until safe places exist for people to go. Todd Langton, executive director of Agape Silicon Valley, urged the board to wait until spring and summer, calling that "simple common sense" and "humane."

Valley Water workers are not responsible for relocating anyone; the agency contracts with service providers to try to find alternative housing. But most shelters and temporary housing sites are full, so there will be nowhere to place the hundreds of people on Valley Water land until San Jose's safe sleeping sites open or more emergency interim housing is built.