COMMITTEE AGENDA MEMORANDUM
Environmental Creek Cleanup Committee
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: title
Receive Update on Valley Water’s Water Resources Protection Zones (WRPZ) Ordinance Implementation.
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RECOMMENDATION: Recommendation
Receive an update and provide feedback on the WRPZ Ordinance implementation progress after the first year of implementation.
Body
SUMMARY:
On November 26, 2024, the Valley Water Board of Directors adopted the Water Resources Protection Zones Ordinance (Ordinance), intended to address the environmental, health, and safety impacts of unauthorized camping in areas where Valley Water holds land rights. The primary goal of the Ordinance is to protect water resources, ecological resources, and riparian habitat by reducing the presence of encampments along waterways and near water supply facilities. The Ordinance also serves to enhance the safety of Valley Water staff working in the field.
In the first year of Ordinance implementation Valley Water has shown significant progress in meeting its operational needs while balancing those needs with compassion and community partnership. Through collaboration with advocates, nonprofit organizations, and local agencies, Valley Water has established a sustainable and adaptive framework for managing encampments that protects waterways and promotes the health and safety of both the public and Valley Water employees.
WRPZ Ordinance Implementation Plan
Leading up to Ordinance adoption, advocates and organizations supporting unsheltered individuals raised concerns about the potential criminalization of unhoused people and emphasized the need for safe relocation sites, housing, supportive services, interagency coordination, and community engagement. In response, staff developed an Ordinance Implementation Plan (Implementation Plan) to supplement the Ordinance and guide its phased and progressive implementation from January 2, 2025, through December 31, 2025.
Valley Water sought to avoid an immediate large-scale clearance of encampments that could overwhelm a Santa Clara County housing system that has limited relocation options. The Implementation Plan established enforcement priority levels and a progressive enforcement approach to ensure that the Ordinance would be applied thoughtfully. It also introduced Encampment Condition Guidelines (Guidelines)-a set of responsible camping practices designed to discourage harmful behaviors and reduce negative health, safety, and environmental impacts-so that encampments meeting these conditions could be considered low priority for enforcement during the implementation period.
The Implementation Plan created a progressive enforcement and education framework that provides unsheltered individuals the opportunity to understand the Guidelines and correct violations before enforcement actions occur. Under this approach, High Priority violations trigger immediate enforcement, while Low Priority violations result in education and follow-up visits to encourage voluntary compliance. Encampment removals occur when High Priority violations are observed or when ongoing violations persist without meaningful progress toward compliance.
The Implementation Plan also outlined a timeline and education strategies to inform the community, advocates, social service providers, unsheltered individuals, local agencies, and law enforcement officers about the Ordinance and its requirements. Following adoption, staff updated the Good Neighbor Program website and developed both digital and printed materials to educate potentially affected individuals and the general public.
To expand outreach, Valley Water awarded contracts to three nonprofit organizations with established trust and relationships within the unsheltered community to provide on-site Ordinance education at encampments located on Valley Water lands. Staff also communicated with city, county, and law enforcement partners to ensure consistent enforcement messaging and reinforce Valley Water’s education-first, progressive implementation approach. Additionally, staff convened monthly coordination meetings with advocates and service providers through an Ordinance Adaptive Implementation Team to assess progress and refine outreach and implementation strategies.
The final milestone in the implementation timeline calls for the Environmental Creek Cleanup Committee to review and evaluate the Ordinance’s impact and effectiveness upon completion of the phased implementation at the end of 2025.
Ordinance Implementation Outcomes
Valley Water employed its phased, education-first enforcement strategy that prioritized voluntary compliance and multiple outreach visits before initiating enforcement actions. This phased approach strengthened protections for waterways, ecological resources, and flood protection infrastructure by reducing environmental, health, and safety risks associated with high-impact encampments, while also allowing for flexible enforcement based on adherence to the Encampment Condition Guidelines.
Since the beginning of 2025, Valley Water has established Water Resources Protection Zones (WRPZs) along 66 miles of the 333 miles of waterways where it holds land rights in Santa Clara County. Camping is expressly prohibited in the WRPZs, and Valley Water has installed signage to indicate this restriction. By designating WRPZs in the most sensitive areas and continuing to apply the Encampment Condition Guidelines elsewhere, Valley Water has made substantial progress in managing and reducing encampments on its property while balancing environmental protection with compassion and respect for unsheltered individuals. Valley Water has effectively fulfilled the intent of the Ordinance- to protect public health, safety, and water resources while responsibly reducing the number of encampments on its lands.
Additionally, Ordinance implementation has not resulted in the mass incarceration or criminalization of unsheltered people, as advocates initially anticipated. Progressive implementation and continued education have provided individuals with opportunities to reduce harmful behaviors or relocate voluntarily. Law enforcement intervention has only been necessary in cases involving imminent safety threats or repeated harmful behaviors that continued despite staff attempts to educate or offer voluntary relocation.
Next Steps
Valley Water will preserve its Ordinance implementation progress by continuing to manage encampments in alignment with the Implementation Plan. Ongoing work includes expanding WRPZ areas and addressing re-encampments within established WRPZs to maintain the progress made during the first year. Next steps also include continued collaboration with cities and the County to identify and advance temporary housing options through strategic land-use partnerships.
Valley Water remains committed to supporting long-term housing solutions and maintaining the integrity of its waterways through coordination with local jurisdictions and community partners. With the WRPZ foundation firmly in place, Valley Water’s focus can gradually shift from responding to immediate operational needs and facilitating one-on-one relocation efforts to supporting broader housing strategies for unsheltered individuals throughout Santa Clara County.
Staff will continue to evaluate potential no-cost, medium-term land contributions for emergency interim housing projects developed by public or nonprofit partners, following the model established by the Cherry Avenue Emergency Interim Housing partnership with the City of San Jose.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this update.
ATTACHMENTS:
Attachment 1: PowerPoint
UNCLASSIFIED MANAGER:
Manager
Mark Bilski, 408-630-2830