Millbrae Council Rejects Ordinance Limiting Agenda Topics; Protocol Push Next
City Council • MillbraeOctober 28, 2026
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Millbrae's City Council on Oct. 27, 2026, rejected a proposed ordinance that would have barred non-municipal issues, such as foreign-policy resolutions, from its agendas. The debate split over whether the limits should be binding law or a softer council protocol. Vice Mayor Anders Fung's request for a protocol version will come back to the council. In the same session, the council adopted a memorial bench policy and approved $465,000 for an aging water main.
- Agenda-purview ordinance fails, tally not announced; vice mayor's protocol alternative will be agendized
- Memorial bench policy passes 4-0 with permanent city maintenance and appeals to council
- $465,000 approved 3-0 to replace a 50-year-old Ludeman Lane water main before repaving
- County transit planners pressed on an equity map that leaves out the intermodal station area
- Residents urge the city to pause downtown paid parking and add supply first
Agenda Limits Ordinance Falls Short
The basics: Millbrae's municipal code sets no subject-matter standard for what goes on a council agenda. Staff proposed amending Section 2.05.010 and adding Section 2.05.015.
Where things stand: The ordinance would have applied the same standard to every requester that the Brown Act, California's open-meetings law, applies to public comment. Legally required items, city manager business, closed session, ceremonial items and council comments were exempt. An item would fall outside the council's purview if no local action were available. City Manager Thomas C. Williams cited state law: "Government Code Section 36813, the council may set rules for its own proceedings, including what goes on its agenda."
Mayor Stephen Rainaldi proposed adding a new Section B.5 based on former San Jose Mayor Sam Liccardo's policy. It would bar positions on U.S. foreign policy, on federal or state acts that do not affect Millbrae, and on other states' actions. The City Attorney recommended the B.5 placement but called a fourth item, on the judicial branch, unclear. The mayor's motion kept only items 1 through 3. He dropped an idea for a Rules Subcommittee appeal after staff said the ordinance would remove that discretion. "I think the ordinance is well-intentioned. I think it's well-written," said Mayor Rainaldi.
The other side: Vice Mayor Fung warned of unintended consequences and pushed for a protocol first, with a later review of whether to legislate. "I would err on the side of just taking steps to focusing our agenda further by using protocol," he said. Fung wanted a protocol that "requires a supermajority rather than just a simple majority" to override.
The City Attorney said a protocol is not binding. Because an ordinance treats every requester equally, without discretion, the attorney said, "then I think an ordinance would be my recommendation." Part of the dispute centered on enforceability and past breaches of council protocols.
Public pressure: Three speakers urged an ordinance. Public commenter Ken Smith said Millbrae should focus on local priorities. Former Mayor Gina Patten said the judicial-branch item could be dropped but items 1 through 3 should stay. Former Mayor Ann Schneider cited hours the council previously spent on Middle East resolutions and staff safety concerns in other cities. "Put it in an ordinance, get it done," she said.
Decisions and stakeholder impacts: The motion failed. The tally and individual votes were not announced. For now, no binding limit exists, and topics outside municipal authority can still reach the agenda. Residents and advocacy groups who bring national or international resolutions keep that path open, at least until the council takes up a protocol.
What's next: Mayor Rainaldi accepted Fung's request to agendize a protocol under the council's 60-day protocol. Staff estimated 4 to 8 hours of work. Staff also noted that no date is guaranteed without a formal motion.
Benches for Loved Ones, Maintained Forever
Why it matters: Families seeking to honor someone now have consistent rules. In exchange, the city takes on permanent upkeep.
Where things stand: Recreation Director Hannah Moran presented a policy developed through a Parks and Recreation Commission subcommittee. Honorees must have a Millbrae connection, and applications may be filed no sooner than one year after the person's death. Benches go in approved locations only, with standardized benches and plaques. The commission had recommended 10-year and 5-year terms. The council largely replaced them.
"We would recommend that there would not be a term on the bench, and if somebody actually buys a bench that it should be in perpetuity," said City Manager Williams. Under that approach, the city would also maintain and replace benches. The mayor agreed. The all-in cost to applicants is about $4,000. Moran said about 12 existing benches are available to dedicate, and that limited supply drove the deceased-only rule.
The other side: Former Mayor Schneider welcomed the no-renewal approach. She asked about grandfathering existing benches, allowing living honorees and more flexible plaque wording. Staff said existing benches would be grandfathered, honorees must be deceased, and plaques will be limited to "dedicated to" and two lines. She also suggested picnic tables and fountains as future options.
Decisions and stakeholder impacts: Mayor Rainaldi argued that "citizens should have a right to appeal all the way to their elected bodies." His motion added appeals of commission decisions to the council, instead of ending appeals at the commission. The motion passed (For: 4, Against: 0, Absent: 0). The city's parks budget absorbs long-term maintenance costs.
Ludeman Lane Pipe Gets Ahead of Repaving
Why it matters: Replacing the pipe now avoids digging up a newly paved street later. Williams estimated the cost of waiting at "north of a million dollars."
Where things stand: The council amended the Capital Improvement Program (CIP), the city's multiyear list of infrastructure projects, to add the replacement of a 645-foot, 6-inch asbestos-cement water main. Staff said the line is more than 50 years old and sits behind the curb, and nearby sections have had breaks. The developer of 1301 Broadway will build the line and be reimbursed. The $465,000 comes from the Water Enterprise Fund, not the general fund. Staff said the water fund would retain about $4.5 million after commitments.
The other side: Councilmembers asked why the project was not already in the CIP. Staff cited the city's one-dig policy, the opportunistic timing and the scale of the backlog: 73 miles of water main that would cost about half a billion dollars to replace. Former Mayor Schneider asked about San Francisco Public Utilities Commission (SFPUC) lines and fiber. Staff said SFPUC mains run elsewhere.
Decisions and stakeholder impacts: The resolution passed (For: 3, Against: 0, Absent: 1, Vice Mayor Fung). Fung had left during the recess for a business trip. Ludeman Lane residents avoid a second round of construction, and water ratepayers fund the work.
Transit Plan Raises Equity Map Questions
Where things stand: Patrick Lister, Director of Planning and Fund Management for the San Mateo County Transportation Authority, presented a draft countywide transportation plan with four goals. It includes a new equity definition covering 21% more of the county. Millbrae projects in the plan include the Spur Trail, a downtown streetscape and closing the SFO Bay Trail gap.
Why it matters: The equity definition and project lists guide future funding from the City/County Association of Governments (CCAG) and the Transportation Authority. They also feed the regional Plan Bay Area 2060 process.
The other side: "I'm curious to understand why the TA hasn't included the intermodal station as a priority equity community," said Mayor Rainaldi. Lister said the map is census-based and any change would require CCAG: "It would be changing the whole different methodology for this, which would change everything across the county." Vice Mayor Fung asked for a block-level map, and Lister pointed to CCAG's interactive map. At the mayor's request, staff agreed to call out the Aviador Bridge.
Councilmember Bob Nguyen asked about plans for autonomous vehicles. Lister cited a countywide AV plan and estimated shared autonomous shuttle costs: "I want to say it's in the $250 per mile range." Former Mayor Schneider said the census data predates the Rawlins and Railroad 16 buildings and leaves out factors like fine-particle (PM2.5) pollution. She urged reviving the Highway 101 overpass in Plan Bay Area 2060.
Residents Push Back on Downtown Meters
Where things stand: Paid parking is being developed through a downtown parking management program, and several speakers attended the city's open house. Public commenter Ken Smith asked the city to pause meters. He called for a garage and enforcement of existing rules, and said business owners and employees are the main "parking hogs." Public commenter Laura Smith urged more spaces and satellite lots served by micro-transit or autonomous shuttles. She said tickets without alternatives amount to punishment.
The other side: An online commenter asked the city to enforce existing time limits first. The commenter requested a cost comparison of enforcement versus meters and evidence that meters help. The commenter also suggested moving the farmers market and adding BART shuttle parking.
What's next: Because the item was not on the agenda, the council could not respond.
- Consent calendar passed 4-0: It included a grand jury response on Flock automated license plate reader cameras and a $57,890.73 McNevin Cleaning Specialists contract with a $6,000 contingency.
- Part-time recreation pay: New salary ranges take effect Jan. 1, 2027, driven by state minimum wage requirements.
- Library report: The Millbrae Library logged 249,000 visitors. A bookmobile visits Nov. 9 and 10.
- Liaison appointment passed 3-0: Fung was named liaison, with Nguyen as alternate, to the merged Community Enhancement and Cultural Arts Advisory Committee.
- Privacy code request: Public commenter Amin sought a council sponsor for privacy review of new developments. "The code protects view, but the code doesn't mention anything about privacy," he said.
Looking ahead: Williams reported a storm drain upgrade and SFO canal clearing aimed at ending flooding on Landing Lane, the city's lowest point, before the rainy season. Fung's agenda protocol proposal is expected to return within the council's 60-day window.