Santa Clara water district approves ordinance to reduce encampments on its property

SAN JOSE, Calif. (KGO) -- In the South Bay, a big decision was made Tuesday that aims to keep homeless encampments a safe distance from waterways.

South Bay waterways have become makeshift homes for many of the unhoused in Santa Clara County. Something officials with Valley Water say have caused both ecological and staff safety issues.

It's those issues that are behind the ordinance Valley Water board of directors voted in favor of Tuesday.

"The intention of the ordinance is not to criminalize or punish unsheltered people. It's to result in better behaviors in the waterway and to prevent the kind of staff safety issues and environmental degradation that we're seeing," said Mark Bilski, assistant officer with Valley Water.

The ordinance lays out water resources protections zones detailing what would be prohibited in those zones. That includes encampments, disturbances to neighbors and hazardous activities.

"We're looking for outcome-based successes here in preventing the environmental degradation, preventing, incidents that impact staff safety," Bilski said.

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Enforcement would include a warning and education first, with 72 hours to voluntarily relocate.

The next step would be a misdemeanor charge with a fine or jail time as punishment.

Valley Water says that would be a last resort.

Advocates say any criminalization should be taken out of the picture.

"Come at this through a place of love as, as opposed to a place of criminalization," said Debra Townley, an advocate and formerly unhoused person. "We can care for the earth, we can care for the water, we can protect our water system. While we're also protecting humanity, we're protecting people who are at their worst."

Valley Water was initially set to vote on the ordinance in July, but delayed it to get more feedback from nonprofits and advocates.

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Still, advocates say the ordinance isn't creating a long-term solution.

"Just making things illegal, then people just go to jail and that does nothing," said Shaunn Cartwright with the Unhoused Response Group. "Coming out with a big hammer and forcing people out of creeks and into nothing does nothing except kill people."

Not all of Valley Water's Board of Directors saw eye to eye on the ordinance.

Still, the board voted 6 to 1 in favor of it.

The ordinance goes into effect December 26 with enforcement starting January 2.

In the meantime, an outreach campaign is now underway.