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Council agrees to revisit ordinance options for chronically homeless individuals after staff review

5967737 · September 10, 2025
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Summary

Councilmember Mateucci won council concurrence to bring back a staff report exploring an ordinance and shelter-expansion options aimed at chronically homeless individuals who refuse shelter; staff and the city attorney clarified current citation and arrest discretion and requested time to prepare options

Councilmember Mateucci requested council concurrence to return an item that would examine possible legal and operational approaches to address chronically homeless individuals who repeatedly refuse shelter or outreach. He proposed staff explore an ordinance modeled on a recent San Jose ordinance, increased temporary shelter beds (for example, low-cost military-style tents located away from residential or retail areas), and forming an advocacy group to coordinate expedited pathways to permanent housing with federal, state and county partners.

The council asked staff and the city attorney several clarifying questions. City Attorney Patrick Sullivan said there is currently no formal policy requiring a set number of citations before an officer may arrest a person, and that officers retain discretion to cite or arrest based on circumstances. “There's no formal policy on that … the officer has the discretion whether to cite or arrest anytime to contact,” Sullivan said.

Councilmember Mateucci said his intent was not to criminalize homelessness but to provide more tools for outreach and enforcement where individuals present a threat to public safety. Some council members expressed concern about naming or stigmatizing particular library users during the discussion; one resident spoke up to clarify that a person nicknamed “Library Jack” uses library services and has not disrupted other patrons.

After brief discussion, the mayor asked for concurrence and the council indicated they would bring back a staff report to explore ordinance language, shelter capacity options and an advocacy approach. The clerk and staff confirmed the item will be returned for future consideration rather than being adopted tonight.