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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE, EFFECTIVE JUNE 15, 2026, DECLARING THE
CONTINUED EXISTENCE OF A HOMELESS SHELTER
CRISIS IN THE CITY OF SAN JOS E PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 8698 ET
SEQ., AND RENEWING FOR A 12 ‑MONTH PERIOD THE
PROCLAMATION OF A LOCAL EMERGENCY PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTIONS 8558
AND 8630, THE SAN JOS E CITY CHARTER, AND THE
SAN JOSE MUNICIPAL CODE, DUE TO CONDITIONS AND
THREATENED CONDITIONS OF HOMELESSNESS
WITHIN THE CITY OF SAN JOSE
WHEREAS, the City of San José (“City”) City Council desires to adopt this resolution for the reasons set forth in the memorandum, dated April 27, 2026, from the Director of Housing, Erik L. Soliván, for the May 19, 2026, City Council meeting (“Memorandum”) ; and
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
WHEREAS, on October 24, 2023, the City Council of the City of San José declared a continued shelter crisis and, for the first time, proclaimed a local emergency caused by 2 T-44048.006/2299226
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homelessness conditions and threatened conditions of homelessness in the City of San José; and
WHEREAS, on December 17, 2024 and most recently on January 27, 2026, the City further extended the homeless shelter crisis declaration and proclamation, finding the persistent existence of the crisis in the City; 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; and
WHEREAS, the City continues to find that homelessness presents an ongoing and serious threat to public health, safety, and welfare, including impacts related to unsheltered living conditions, environmental degradation, and the displacement of individuals along waterways and other sensitive areas; 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 past six months, the City has made significant strides in expanding emergency shelter and interim housing capacity, including activation of 22 3 T-44048.006/2299226
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shelter sites, providing 2,150 beds during the period of this declaration, including a Motel Program that now provides 251 motel units (331 beds) across five sites and the Cerone Emergency Interim Housing site , adding 400 interim housing units with capacity to shelter up to 480 individuals experiencing unsheltered homelessness; and
WHEREAS, extending the City’s homeless shelter crisis declaration and renewing the emergency proclamation aligns with the City’s strategic objectives to stabilize and standardize shelter operations across the City’s interim housing sites, strengthen outreach and engagement to increase shelter, housing, and service placements, and improve forecasting, data integration, and performance oversight to promote greater efficiency, accountability, utilization, and alignment with contractual capacity expectations; and
WHEREAS, emergency shelter solutions remain central to the City’s strategy to mitigate the impacts of homelessness and advance the City’s broader goal of achieving functional zero unsheltered homelessness, and, in light of potential reductions or shifts in federal and state resources, extension of the homeless shelter crisis declaration will preserve the flexibility necessary for the City to respond effectively while continuing to deliver essential services and shelter solutions for individuals experiencing homelessness; and
WHEREAS, because the homelessness emergency remains ongoing and requires sustained coordination, contracting, budgeting, site operations, outreach, and performance oversight, a 12 -month extension period will provide a more stable planning horizon than the current six-month cadence, reduce administrative inefficiencies associated with repeated short -term extensions, and better support continuity, accountability, and effective implementation of the City’s emergency shelter and homelessness response efforts; and
WHEREAS, the City declares the continued existence of a shelter crisis in San José 4 T-44048.006/2299226
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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 to allow the City to remain responsive to potential uncertainties or reductions in federal and state funding that may impact homelessness, housing, and supportive service programs 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 5 T-44048.006/2299226
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services, personnel, equipment, and facilities of the City.
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:
• Study efforts undertaken by other jurisdictions to combat the problem of homelessness; 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, 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 6 T-44048.006/2299226
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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 • 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 7 T-44048.006/2299226
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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 be effective as of June 15, 2026, and sunset twelve months 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 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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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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ADOPTED this_____ day of May, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk