BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Consider the June 9, 2025, Board Policy and Monitoring Committee Recommendation to Adopt the Encroachment Licensing Program Update to the Water Resources Protection Ordinance and Associated Implementation Policy.
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RECOMMENDATION: Recommendation
Consider the recommendation resulting from the June 9, 2025, Board Policy and Management Committee to:
A. Adopt the updated Water Resources Protection Ordinance to include the Encroachment Licensing Program; and
B. Approve the Encroachment Remediation Implementation Policy
Body
SUMMARY:
This memo describes a proposed Water Resources Protection Ordinance (WRPO) Update for Valley Water’s Encroachment Remediation Program, approved by the Board of Directors in 2019, as well as an Implementation Policy. The Update is necessary to incorporate short-term licensing as a new option for remediation of some encroachments, into the WRPO. The Implementation Policy is necessary to confirm general Board direction on encroachment remediation, clarify the encroachment remediation process, and educate the community. Following the June 9, 2025, Board Policy and Monitoring Committee meeting, staff made non-substantive clarifying edits to the proposed redline in Section 2.2.2A and B, 2.3.3B, and 3.6.6H.
Encroachment Licensing Option
Like other public agencies with real property interests, Valley Water has experienced encroachments upon its property by neighboring property owners. These encroachments have ranged from a fence being placed a few inches over the property line to significant improvements being built, in part, on Valley Water’s property. In prior committee and Board meetings, some of these encroaching neighbors indicated that the encroachments were mistakes or were initially caused by the prior owner(s) of their properties. Some of these encroaching neighbors argued that requiring them to remove the encroachments would be difficult, expensive, or unfair.
Taking the public’s concerns into account, in late 2019 the Board approved a program to remediate encroachments which allowed for short-term licensing of Valley Water property as an interim step prior to recovery of the property. Property owners with an encroachment that has a negligible impact (i.e. no identified need for property in the near future) on Valley Water would have the option to apply for a license. If they can meet the licensing criteria, a temporary license could be issued for up to five two-year terms.
The Board approved the following criteria for these licenses:
• The licensed area must have been encroached upon prior to October 22, 2019 (e.g., no licenses of areas not previously encroached upon);
• The applicant will be responsible for the cost of any property line survey when required by Valley Water for license issuance;
• The proposed license area must be on real property owned by Valley Water in fee title and may not conflict with any pre-existing easements; and
• The licensing must be cost neutral to Valley Water (e.g., fair market value for the property; applicant to pay administrative costs).
As part of this program, the Board also approved an appeal process wherein the denial of a license agreement or a denial of a request to renew a license for two years (within the 10-year limit) are the only decisions subject to appeal. Appeals of staff level decisions could be made to the CEO or his or her designee. Appeals of the CEO level decision could be made to the Board of Directors although the Board has the option to delegate the hearing of any such appeals to a committee of the Board.
The existing WRPO is included as Attachment 1. Proposed updates to the WRPO are included as a redline in Attachment 2, and a clean version is included in Attachment 3. The proposed updates incorporate the licensing program, update to the appeals process for encroachment permits, as well as other streamlining and non-substantive updates. At its regular meeting on June 9, 2025, the BPMC voted to recommend Board adoption of the amended WRPO. If the Board adopts the updated WRPO, staff will publish it in a newspaper of general circulation within 10 days and the ordinance will be effective 30 days from adoption as required by the District Act.
Encroachment Remediation Program Implementation Policy
The process to resolve encroachments can be difficult and lengthy. The objective of the Encroachment Remediation Program, as approved by the Board of Directors in 2019 with considerable public input, is to resolve encroachments on Valley Water land using a consistent, comprehensive, and policy-driven process. Recognizing that removal of long-standing or substantive encroachments, such as established or costly landscaping, retaining walls, or hardscape such as pool decking and stonework, often creates contentious or protracted negotiations with property owners, staff developed an Implementation Policy to clarify the remediation process. The Implementation Policy (Attachment 4) establishes a consistent practice and may be used asa tool for community education and outreach. It contains an explanation of the need for encroachment remediation, prioritization of remediation actions, and the steps in the process that ensure that the Program objective is met.
The Implementation Policy includes several recommended modifications/clarifications to Program elements since 2019, which are intended to improve consistency and effectiveness of the Program implementation such as:
• Assigning all encroachments within a remediation project area the same priority;
• Expanding the definition of Priority 1 projects to all those with immediate and serious impacts to the Valley Water mission; and
• Changing the definition of a “de minimus” encroachment from 1.5 feet to 6 inches.
Should the Board approve the Implementation Policy, staff will develop outreach materials to educate the community.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with the proposed update to the Water Resources Protection Ordinance. This action will not result in disproportionate impacts on any specific community relative to the general population. Rather, the Encroachment Remediation Program Implementation Policy will improve consistency in addressing encroachments across all communities.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
*Attachment 1: Existing Water Resources Protection Ordinance
*Attachment 2: Proposed WRPO, Redline
*Attachment 3: Proposed WRPO, Clean
*Attachment 4: Proposed Implementation Policy
*Attachment 5: PowerPoint
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618