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Santa Clara Valley Water District Cracks Down on Unhoused People Near Waterways

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Clusters of tents belonging to unhoused residents line the banks of Coyote Creek near Tully Road on Jan. 4, 2023, in San José, California. The Santa Clara Valley Water District passed an encampment ban Tuesday, making it tougher for unhoused residents to live near most rivers, creeks and streams in the South Bay. (Dai Sugano/MediaNews Group/The Mercury News via Getty Images)

The Santa Clara Valley Water District passed an encampment ban on Tuesday, making it tougher for unhoused people to live near most rivers, creeks and streams in the South Bay.

“We can’t allow our unhoused neighbors and our housed neighbors to face flood risks,” said Rick Callender, the district’s chief executive officer. “This has truly been a troubling path for staff to recommend such an ordinance, but it is a necessary path.”

Callender said the agency will prioritize an education-first approach, stating he wants to avoid “more people of color incarcerated.”

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Under the policy, staff will issue “a good faith attempt” to engage directly in conversation with “unsheltered” people before showing those “illegally occupying Valley Water property” how to connect with social services offering interim or permanent housing. The relocation process also aims to connect individuals to local government social services who are removed from its property. However, unhoused advocacy groups and at least one board member urged the district to rethink the ban.

Staff will also post a written notice in advance of a scheduled cleanup. After 72 hours, Valley Water and partnering agencies can clear the camp, which includes storing “identifiable personal belongings.” As a last resort, law enforcement can charge those who refuse to move with an infraction or misdemeanor with a fine not to exceed $500.

The ordinance goes into effect in 30 days, and enforcement starts on Jan. 2, 2025.

“We want people to be able to adhere to the encampment condition guidelines and remain a low priority for enforcement,” said Mark Bilski, an assistant officer in charge of the Good Neighbor program. “At the same time, urgent staff and public safety issues sometimes don’t allow this. If someone physically threatens staff, we need to be able to act immediately.”

The district also voted to prohibit the possession of firearms, ammunition and fireworks on lands owned by Valley Water.

District officials said encampments cause environmental harm when trash, food and other items flow into waterways. The debris can also cause blockages or pinch points in channels meant to help control flood waters. The district has also raised safety concerns for its workers, who claim to have been threatened or accosted by people living near waterways.

Barbara Keegan, Valley Water District 2 director, voted in favor of the ban, saying unhoused people who live on the banks of streams or rivers “are in the worst place under the worst possible circumstances, and it’s inhumane to leave them there.”

Daniel Hansen, who lives along San Francisquito Creek in Palo Alto, supports the decision. He thinks a permanent solution along waterways could include fencing blocking people from entering them.

“I think it strikes a good balance of notice, as well as a firm hand,” he said. “For 20 years, we’ve experienced a lot of the encampment issues, more so recently, this includes human waste, garbage, noise, open fires and crime.”

In a July listening session, the district reported that some stakeholders called the “approach backward,” saying it would shift unhoused people into neighborhoods and “will criminalize people, not behaviors.” The district reiterated it is “committed to harm-reduction approach” and that the district trains its field staff in “calming and de-escalation strategies.”

Rebecca Eisenberg, Valley Water District 7 director, voiced strong opposition to the plan. She argued the ordinance would end up protecting water district staff and further harm unhoused people.

“We need to focus on violent folks, not the nonviolent folks,” she said. “Giving unhoused people criminal records is going to push them backward, not forward.”

Jeremy Barousse, director of policy and organizing Amigos de Guadalupe Center for Justice and Empowerment, recommended that the district push the plan start date into the spring.

“Enforcing this ordinance shortly after the holidays is just cruel,” he said. “We recommend providing at least five days’ notice before encampment removal and three warnings before arrest or citation.”

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