Millbrae, with an estimated homeless population of fewer than two dozen people, has joined a growing list of Bay Area cities in adopting tougher restrictions on encampments following a landmark U.S. Supreme Court ruling that granted local officials broad authority to clamp down on public camping.
On Tuesday night, the Millbrae City Council unanimously agreed to ban camping in tents and vehicles in all public places and outlaw sitting, lying down or loitering on public sidewalks, as well as panhandling on city streets.
Anyone found in violation of the new ordinance could be charged with a misdemeanor, which carries potential fines and jail time. The law takes effect in just under 30 days.
Officials in the affluent suburb bordering the San Francisco International Airport said their intention is not to punish or push out the city’s few homeless people. Instead, they described the ordinance as a “tool in the toolbox” to deter unsafe encampments and connect those on the street with needed services, even as the city in 2023 sued to block a now-scrapped proposal to convert a local motel into homeless housing.
While acknowledging that encampments aren’t a widespread issue in Millbrae, Mayor Anders Fung said the ordinance is necessary to address residents’ growing concerns about homelessness. He said unhoused people sometimes wander into the city’s downtown after getting off at the Millbrae BART Station.
“This is a step in the right direction for enhancing our public safety,” Fung said.
The ordinance comes almost a year after the Supreme Court ruled that local governments can enforce strict camping bans and clear encampments even when beds aren’t available in homeless shelters. Gov. Gavin Newsom, who cheered the decision, has since ramped up pressure on cities to close more camps.
Following the ruling, Fremont adopted a similar encampment ban earlier this year. Oakland, meanwhile, has increased sweeps in response to an executive order by former Mayor Sheng Thao. Berkeley now allows authorities to clear camps without offering shelter. And San Francisco has begun arresting more people for public camping.
On Tuesday, the San Jose City Council adopted a controversial proposal by Mayor Matt Mahan to cite and arrest homeless residents who turn down multiple shelter offers. San Mateo County approved a similar measure last year, though it only applies to unincorporated areas.
Like the county ordinance, Millbrae’s new law directly impacts only a small number of people. According to the latest “point-in-time” count taken early last year, the city had just 22 unhoused people. The countywide homeless population was 2,130, with 816 living in cars or RVs.
Still, at a council meeting last month, residents urged councilmembers to adopt the camping ban.
“This isn’t just about public safety, it is also a serious health concern that affects residents, businesses and visitors,” said resident Stella Lau.
Before clearing a camp, the ordinance requires the city to give homeless people at least 24 hours’ advance notice. It also directs authorities to store the belongings of unhoused residents who are displaced. The law makes it illegal to keep any “camp paraphernalia” on public property, including tents, cots, sleeping bags and camping stoves.
Officials expect that after being notified, most homeless people will choose to pack up and move before the city resorts to sweeping an area or issuing penalties. They said police will prioritize working with county agencies and nonprofit service providers to connect them with shelter, housing or treatment.
Advocates for homeless people, however, are skeptical that Millbrae is fully committed to helping unhoused residents, pointing to the city’s lawsuit to halt the motel conversion project. County officials had proposed the facility to house homeless families and seniors.
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“It seems way less genuine when you are also proactively blocking affordable housing in your community,” said Evelyn Stivers, executive director of the San Mateo County-based Housing Leadership Council.
While a judge ultimately ruled against the city in the case, the county decided not to move forward with the project at the La Quinta Inn on El Camino Real after struggling to secure state funding. Last summer, residents recalled two councilmembers who declined to oppose the project.
Even so, Mayor Fung said the city remains intent on adding a homeless housing site, as long as its size and location make sense for the community.
“There is definitely a pathway for permanent supportive housing to be successful in Millbrae,” he said.