Millbrae council adopts ordinance to regulate public encampments, sets 24-hour notice and property-hold rules

The Millbrae City Council on May 27 voted 5-0 to introduce and waive the first reading of an ordinance adding Chapter 4.95 to the Millbrae Municipal Code to regulate public encampments, loitering and related activity on public property.

The ordinance creates a process the city says balances public health and safety with due process for people living outdoors. Community Development Director Andrew Mogensen told the council the ordinance sets a 24-hour advance notice requirement before enforcement or abatement of encampments, establishes protocols for collecting and storing personal property, and adds a loitering enforcement tool for specified public-safety locations. Mogensen presented the ordinance as “a tool that establishes a fair process that provides 24 hour advance notice before enforcement and abatement of encampments occurs,” and urged council adoption of the introduction and first-reading waiver.

Nut graf: The ordinance responds to a recent U.S. Supreme Court decision and state guidance and is intended to give Millbrae authorities a clear, uniform process for handling encampments while preserving residents’ ability to retrieve stored belongings. During the meeting staff and council referenced legal developments — the Ninth Circuit’s earlier Martin v. City of Boise decision and the U.S. Supreme Court’s later City of Grants Pass v. Johnson — and noted the city does not currently have an encampment ordinance.

Councilmembers, staff and members of the public emphasized both public safety concerns and the need to connect people living outdoors with services. City Manager Tom Williams and staff said the ordinance was drafted after review of other local models and consultation with law enforcement; staff said the city drew on Oceanside’s ordinance and compared county and model provisions. Multiple members of the public, including longtime residents and local business owners, spoke in favor of the ordinance during public comment, urging the council to adopt a tool to address visible encampments on sidewalks and in medians.

The ordinance contains procedural details that differ from some regional approaches. Among those: 24-hour notice (the county’s comparable notice is 48 hours in the version discussed during the meeting), and a 90-day hold period for stored personal property before final disposal — staff noted the state model references a 60-day hold. Staff said items that pose an imminent threat to public health or safety (for example, biohazards or moldy bedding) may be removed immediately and need not be stored.

Councilmembers described the measure as a tool to connect people with services and to maintain public safety and accessibility. Councilmember V. Rinaldi said the ordinance “is a compassionate effort to balance community safety with dignity and fairness,” while Councilmember Cesar Riley moved the motion to pass the ordinance and the council voted unanimously to introduce it and waive first reading.

Ending: Staff said the ordinance provides operational direction to police and county partners and that the city will publish details about property storage and retrieval. The council recorded the motion as introduced and waived the first reading; staff will return with the ordinance for further procedure as required by municipal code and state law.