New no-camping ordinance a step closer in Millbrae

The city looked at anti-camping ordinances across the state — including an ordinance from the San Mateo County Board of Supervisors, which criminalizes camping on public property in unincorporated areas — when creating legislation that would work for Millbrae, City Manager Tom Williams said.

The proposed ordinance prohibits camping in public spaces and “loitering” in city-maintained thoroughfares and medians. It allows Millbrae to remove personal property and campsite-related items in public spaces with 24-hour notice for individuals. If personal items are removed, they will be stored at the Millbrae Police Bureau for up to 90 days.

“You’ll see in this ordinance, it goes a little farther than the county,” Williams said. “We define loitering as a public safety issue. With people in, for example, a center median on El Camino Real, this now gives the opportunity for a deputy police officer to approach that person, work with them, get them the help they need [and] relocate them.”

A recent U.S. Supreme Court ruling in the City of Grants Pass v. Johnson case reversed a court precedent that found it illegal for cities to remove homeless individuals even if no shelter beds are available.

That decision has emboldened local cities and the state government to push for across-the-board enforcement of no-camping ordinances, which some advocates have decried as unhelpful, inhumane and insufficient in addressing the root causes of homelessness, like the state’s exorbitantly high cost of living.

But Millbrae councilmembers lauded the move as imperative for the city’s public safety as well as beneficial for homeless individuals, who will be able to receive shelter and services once they are removed, they said.

“Recognizing the complexity of homelessness, the ordinance prioritizes respectful enforcement rather than punitive actions, ensuring individuals receive advance notice,” Councilmember Stephen Rainaldi said. “The city aims to mitigate health and safety risks while maintaining clean and accessible public spaces.”

Millbrae community members attending the meeting also voiced their support for the ordinance.

“Our city must play a crucial role in regulating and enforcing private property rights to regulate and maintain order, economic stability and community well-being,” Millbrae resident John Munis said. “Protecting property rights ensures individuals and businesses can securely invest in land and infrastructure.”

Others, like Millbrae resident Stella Lau, pointed to the public health concerns that encampments ostensibly create.

“It is important we enforce regulation around public encampments to protect safety, cleanliness and the overall well-being of our city,” she said. “It is also a serious health concern that affects residents, businesses and visitors.”

The new regulations — which councilmembers will need to vote on again to officially put into law — are a step in the right direction for Millbrae in addressing the homelessness crisis, Mayor Anders Fung said.

“I’m a big believer that homelessness should not be a way of life. Many folks fall into the web of homelessness — maybe they’re down on their luck a little bit, maybe they lost their job, maybe they got sick,” he said. “This is a way for us to help those who are in need. This is a way for us to help individuals who may or may not necessarily know they need help.”

The ordinance itself states that Millbrae “continues to face a significant number of unsheltered individuals residing in public spaces. According to biannual point-in-time homeless count reports, Millbrae has seen regular increases in the number of unsheltered individuals since 2015.