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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE DECLARING (A) THE CONTINUED EXISTENCE OF
A HOMELESS SHELTER CRISIS IN THE CITY OF SAN
JOSE PURSUANT TO, AND IN ACCORDANCE WITH THE
PROVISIONS OF THE CALIFORNIA GOVERNMENT CODE
SECTION 8698 ET SEQ.; AND (B) RENEWING THE
PROCLAMATION OF A LOCAL EMERGENCY PURSUANT
TO, AND IN ACCORDANCE WITH THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE SECTIONS 8558 AND
8630, THE SAN JOSE CITY CHARTER, AND SAN JOSE
MUNICIPAL CODE CAU SED BY CONDITIONS AND
THREATENED CONDITIONS OF HOMELESSNESS IN THE
CITY OF SAN JOSE
WHEREAS, pursuant to the provisions of California Government Code Section 8698 et seq., including but not limited to sections 8698.1, 8698.2, 8698.3, and 8698.4, the City may declare a shelter crisis, which is deemed to constitute a local emergency; and
WHEREAS, to declare a shelter crisis, the City must find that there is an existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and
WHEREAS, on December 8, 2015, the Council of the City of San José (“City”) first declared a shelter crisis under California Government Code Section 8698 et seq., and subsequently, on October 24, 2023, declared a continued shelter crisis and, for the first time, proclaimed a local emergency caused by homelessness; and
WHEREAS, most recently on December 17, 2024, the City further extended the homeless shelter crisis declaration and proclamation, finding the persistent existence of the crisis in the City; and
WHEREAS, the City’s current homeless shelter crisis declaration and proclamation NVF:GAR:MMV
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resolution requires staff to renew any recommended extensions every six months to extend the proclamation of a local emergency; and
WHEREAS, pursuant to the Shelter Crisis Act codified in California Government Code section 8698 et seq., upon declaration of a shelter crisis, the provisions of state or local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, or safety are deemed suspended and inapplicable to the extent that strict compliance with such regulations or ordinances would in any way prevent, hinder, or delay the mitigation effects of the shelter crisis; and
WHEREAS, the City continues to experience a housing emergency as many residents face the threat of homelessness due to a lack of access to affordable housing.
WHEREAS, the City must meet the mandates of the San Francisco Region Water Quality Control Board in its Regional Stormwater Permit (“Permit”) , which requires that the City meet a 100% trash load reduction in its waterways by June 30, 2025; and
WHEREAS, to meet the mandates, the City’s Direct Discharge Plan must include a commitment to, and a plan for, increasing the provision of emergency, transitional and/or permanent housing, as well as prioritizing housing and services to people experiencing unsheltered homelessness who are living near our waterways; and
WHEREAS, the City continues to work towards its goal of adding 1,0 89 units by July 2025, continuing efforts to accelerate and expand the development of emergency shelter and interim housing, supportive parking, and safe sleeping opportunities and increasing shelter bed availability and housing options specific to those exiting the waterways; and
WHEREAS, under the proclamation of local emergency, the City has broken ground on the Branham Lane Emergency Interim Housing site with 168 units (216 beds) in February NVF:GAR:MMV
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2025; the Berryessa Safe Parking for Recreational Vehicles program with 86 oversized vehicle slots in March 2025 ; and the Via Del Oro Emergency Interim Housing site with 135 units (150 beds) in April 2025. Upon opening, these sites focused on reducing the impacts of encampments and lived-in vehicles in the areas surrounding the sites and on other high-priority areas throughout the City; and
WHEREAS, the City has advanced shared initiatives with county, state, and regional agencies, resulting in greater resource alignment and execution for joint projects addressing unsheltered homelessness along waterways and partnerships for interim housing development on shared land. Including contin uing to streamline and expedite regulatory and procurement processes, reduced costs, and timelines; and
WHEREAS, the Shelter Crisis Declaration and proclamation of a local emergency have helped to overcome ongoing barriers to streamline and prioritize the City’s development of interim housing, supportive parking, and established a refined strategy for resolving the unsheltered homeless crisis by developing a pro forma to align shelter supply with the demand on the street in unsheltered homeless encampments; and
WHEREAS, over the next six months under the declaration and proclamation renewal, the City will prioritize the following efforts to combat the homeless crisis: mitigating environmental impacts by addressing encampments near waterways and lived -in vehicles near storm drains that contribute to pollution and risk non -compliance with the City’s National Pollutant Discharge Elimination System’s Municipal Regional Stormwater Permit Direct Discharge Trash Control Program; finalizing construction of System’s Municipal Reg ional Stormwater Permit Direct Discharge Trash Control Program ; use emergency procurement powers to secure site operators to manage supportive outdoor sleeping spaces and master leased motel rooms to support the City’s waterway strategy; and
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WHEREAS, the City declares the continued existence of a shelter crisis in San José pursuant to and in accordance with the provisions of California Government Code section 8698 et seq., and to renew its proclamation of a local emergency due to the conditions, existing or threatened, of homelessness in San José pursuant to and accordance with the provisions of California Government Code sections 8558 and 8630 and applicable State laws, the San José City Charter, and the San José Municipal Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The City Council has reviewed and considered the entirety of the administrative record, including but not limited to, the Recitals set forth in this Resolution, City staff memorandum to the City Council, public testimony, and any and all information and documents provided to the City Council and public related to the adoption of this Resolution.
2. The City Council declares, based on substantial evidence, the continued existence of a shelter crisis in San José under California Government Code section 8698 et seq., such that the number of unsheltered and unhoused individuals currently outnumber available shelter beds such that a large number of individuals are unable to find shelter constituting a threat to their health and safety.
3. Pursuant to California Government Code section 8630 and other applicable State law, the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in San José, which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel, equipment, and facilities of the City.
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4. It is determined that strict compliance with otherwise applicable state or local statutes, regulations and ordinances would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
5. The City of San José requests the Federal Government, Governor and State Legislature declare an emergency to combat homelessness and to direct resources to support the efforts of major cities in the State of California to address the emergency.
6. The City further requests the County of Santa Clara, regional agencies, and other public agencies declare an emergency on homelessness and coordinate efforts and partner to address this proclaimed emergency with other local jurisdictions, the County of Santa Clara, the State of California, and the Federal Government.
7. Staff is directed to continue to prioritize the following efforts to address the homelessness crisis in San José:
• The development of homeless shelters, emergency bridge housing, and emergency interim housing, supportive parking, and other opportunities; and
• Study efforts undertaken by other jurisdictions to combat the problem of homelessness, including but not limited to, the development of additional types of homeless shelter facilities; and
• Identify specific and necessary resources and support which the City should request, and opportunities for collaboration with the County, the State of California and the Federal Government to address this crisis; and • To better utilize the City’s resources and to further leverage county, state, NVF:GAR:MMV
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and federal resources to reduce the number of new individuals or households entering homelessness in the City; and
• Address inequity and reverse the disproportionately high rates of the socioeconomically disadvantaged who are unhoused in the City; and • Explore additional means by which the City can leverage partnerships, including but not limited to, public and private partnerships, public -public partnerships and Joint Powers Agreements, and partnerships with local Universities and research institutions to better address the homelessness crisis; and
• Making additional efforts to secure regulatory relief from federal, state, and other jurisdictions and within City departments to create flexibility to address the homeless crisis; and
• Implement ways the City can streamline and remove obstacles which may limit the ability of the City’s departments to quickly address the crisis, including but not limited to ways the City can further streamline the creation of housing, more effectively and efficiently use funds, expand access to services, and expedite the procurement and contracting processes for materials, equipment, and services necessary to respond rapidly to the homelessness crisis.
8. The continuing proclamation of an emergency on homelessness shall be regularly evaluated by the City Council, by reference to key performance indicators of progress in addressing the emergency, including, but not limited to:
• A decrease in the number of unsheltered homeless in the City; and NVF:GAR:MMV
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• A decrease in number and size of encampments; and
• An increase in the number of units and other new safe opportunities (permanent housing, rapid rehousing, rental assistance, emergency interim housing, safe parking capacity, etc.); and
• An increase in households receiving prevention services who retain housing after one year; and
• An increase in number of households who remain housed one year after being housed in permanent housing; and
• An increase in regional partnerships to address the homelessness crisis.
9. If any provision of this resolution, or if any application thereof to any actions or circumstance is held to be unenforceable, the remainder of this resolution and the application of its provisions to other actions and circumstances shall not be affected thereby.
10. This Shelter Crisis Declaration adopted under California Government Code section 8698 et seq. shall be deemed to continue until terminated by the City Council.
11. This Proclamation of Emergency adopted under California Government Code section 8630 and other applicable State laws shall sunset in One Hundred Eighty (180) days from the date of adoption, subject to being renewed or earlier termination by the City Council. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes, as explained in detail in this Resolution.
12. The City Clerk is directed to forward copies of this resolution to the Board of NVF:GAR:MMV
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Supervisors of the County of Santa Clara, the County of Santa Clara’s Office of Emergency Management, the California Governor’s Office of Emergency Services, and to the Office of the Governor of the State of California.
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ADOPTED this ____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk