Bayfront Housing Question Stays Open as Council Studies Three Futures

Burlingame's council spent most of its Sept. 21 meeting on the Bayfront, home to more than half the city's jobs. Council members declined to rule housing in or out and asked consultants for more data on all three land use options. Later, the council voted 4-0 to approve two construction contracts under close wage-theft monitoring and the police department's response to a civil grand jury report on license plate cameras.

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• Three Bayfront land use alternatives stay alive, including housing east of 101, with a preferred plan expected in early 2027
• Shoreline levee and 18-foot Bay Trail concept praised, but no one has a financing plan
• Council cool to a publicly financed convention center; mayor floats privately funded event space instead
• ALPR grand jury response approved 4-0 as police narrow data sharing to nine Bay Area counties
• Grandstand and 9F contracts approved 4-0 after carpenters' union flags contractor's wage-theft record

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Three Paths for the Bayfront, No Consensus Yet

The basics: Consultants from Ramey and Associates presented three alternatives for updating the Bayfront specific plan. Alternative 1 allows no housing by right beyond what state law, such as AB 2011 and SB 6, already permits. It focuses office along the shoreline and reduces floor area west of Old Bayshore and Airport Road. Alternative 2 creates a Bayfront Mixed Use designation that allows housing by right. Alternative 3 clusters residential neighborhoods near Mills Creek and Airport Boulevard and limits office.

Why it matters: "More than 50% of the jobs in Burlingame are out on the Bayfront," said Councilmember Desiree Thayer. Whether to allow housing there will shape school and fire needs, traffic and hotel-tax revenue, known as the transient occupancy tax, or TOT.

Where things stand: No vote was taken. Council members asked for more analysis before choosing. Mayor Michael Brownrigg asked for a do-nothing benchmark. "I think it's useful to have an alternative zero, which is the baseline," he said. He also asked how much housing would trigger the need for a new school: "It'd be helpful to know what's the tipping point approximately."

Housing was the sticking point. "I think the housing one is the one that is toughest for me to evaluate right now," said Councilmember Peter Stevenson, citing school, fire and transportation needs. Vice Mayor Andrea Pappajohn said she was concerned about the impacts of housing and about connectivity. Members also asked for data on SFO-linked hotel demand, state housing laws that apply regardless of the city's choice, and biotech safety levels.

The other side: Public commenters split. Kirk Syme, owner and president of Woodstock Development, backed the option that would add residential or hotel flexibility at One Bay Plaza. "So we really like Alternative 2 that provides that kind of flexibility," he said. Amy Chung, a Citizens Advisory Committee member representing Anza Parking, argued that cutting floor area is not an incentive. "You have to give us the opportunity in other parts of that development to bring in that income to pay for this," she said.

Kirby Altman, a longtime resident, doubted housing east of 101. "There's no schools over there, there are no grocery stores over there, there are no fire stations over there," she said. Geeta Dev of the Sierra Club said that if housing is allowed, the city should limit the danger level of pathogens biotech labs can study, as Redwood City does.

Decisions and stakeholder impacts: "In this phase and future phases, there's no consensus," said Community Development Director Neda Zayer. Landowners seeking flexibility, residents worried about services, and environmental advocates all remain in play.

What's next: The alternatives will undergo traffic, financing, market and services analysis. A preferred alternative, expected in early 2027, will then get review under the California Environmental Quality Act, or CEQA.

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Shoreline Vision Wins Praise, but Nobody Has Funding

Where things stand: CMG Landscape Architecture presented a waterfront concept aligned with One Shoreline, the county's flood-protection agency. Flood risk is concentrated north of Mills Creek. The design puts the Bay Trail on top of a levee at roughly 16 feet of elevation. "An improved Bay Trail that would be basically 18 feet wide," said Chris Guillard of CMG. The plan includes destination nodes and two paths to build it: a public project first, or private redevelopment first, as with Peninsula Crossing.

Why it matters: Protecting the Bayfront from flooding depends on One Shoreline permits, possibly including bay fill, and on a funding scheme that does not yet exist. Hundreds of private owners line the shore.

"One Shoreline doesn't have it figured out. We don't have it figured out," said Zayer. Staff is exploring a master permit with the Bay Conservation and Development Commission (BCDC) and the Army Corps of Engineers, and expects to use many funding sources. Brownrigg floated a tax district and said financing "may yield a conversation about eminent domain." He proposed a financing work session. Zayer advised holding off until the land use economic analysis is done. "I would just wait till maybe 2 steps from now," she said.

The other side: Dev asked that flood works not encroach on bay mudflats and questioned why the city keeps a 100-foot shoreline setback if it is not used. Altman asked who would be responsible for maintaining the shoreline.

Convention center doubts: Consultants said only the Burway property is large enough for a convention or event center. "Convention and event centers are almost always publicly financed," said Chris Sensneg of Ramey and Associates. No private funder has come forward. Hoteliers, who generate much of the city's TOT, see value in a venue. Staff noted that partnering with the existing San Mateo event center is an option. Members, including Stevenson and Thayer, said public financing would be difficult. Brownrigg suggested reframing the idea as privately financed "destination event space like Topgolf," or a cricket facility. Altman called a convention center a terrible use.

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Police Narrow License Plate Data Sharing; Critics Want Out

Why it matters: The city's automated license plate reader (ALPR) cameras, run by Flock Safety, sit at the center of a fight over policing tools versus privacy. Questions remain about vendor terms and what happens to shared data.

Where things stand: Police Chief Raj Viswani walked through the city's response to an Aug. 3 civil grand jury report. Since then, the department has:

• Posted an ALPR-specific policy page on Sept. 3
• Removed University of the Pacific and Stanford public safety from sharing
• Shrunk sharing from statewide to nine Bay Area counties
• Re-delivered audit records to the grand jury and added quarterly audit recaps
• Begun drafting a six-item sharing agreement form

Viswani said the city expects a Flock contract amendment before the 2028 renewal and policy updates within six months. He cited a stolen-gun arrest made possible by the cameras. "We do control our data," he said. Asked about misuse by officers, he said, "They would be investigated, and if that was substantiated, they would be terminated."

Thayer said residents most need to know that "we control the data and that there's a retention policy around it," referring to 30-day retention. Stevenson flagged the limits of that control: "We don't control once we share."

Brownrigg pressed further. "I'd like to just have confirmation that if we decide to destroy data, Flock isn't keeping a copy somewhere in its memory banks," he said. The city attorney said he would report back.

The other side: Amber Garza Washburn, a Redwood City resident and former prosecutor, called the response a moving target. "They are a constant warrantless surveillance of everyone who drives by it," she said. Liz, a Pacifica resident, said Flock's changing terms, including a perpetual license and expanded liability protections, undercut claims that cities own their data. "Stop taking them at their word," she said. A third commenter opposed the program using antisemitic conspiracy claims. The mayor cut her off.

Decisions and stakeholder impacts: Pappajohn moved approval and Thayer seconded. The vote was For: 4 (Brownrigg, Pappajohn, Thayer, Stevenson), Against: 0, Absent: 1 (Colson). Fewer agencies can now reach Burlingame's plate data. Privacy advocates' core demand, ending the program, was not taken up.

What's next: Watch for the city attorney's answer on Flock data retention and for policy updates within six months.

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Grandstand Contract Approved Under Wage-Theft Watch

Where things stand: The Washington Park grandstand contract (item 9G) was pulled from consent after Matthew Miller of Carpenters Local 217, a former compliance investigator, raised the contractor's record. He cited a "Department of Industrial Relations decision that's been finalized for $88,000 for a project in Huntington Beach," a $55,000 wage-theft settlement and pending OSHA violations. "The lowest bid should not come at the expense of the workers," he said.

The basics: The contractor was selected through Sourcewell and Gordian, a job order contracting system that uses pre-vetted vendors. "The city doesn't do that vetting on these job order contracts," said the Public Works Director. The director said the contractor must submit certified payroll to the state Department of Industrial Relations (DIR). The city can also withhold the notice of completion, the document that formally closes out a project.

Why it matters: "There's one thing that bothers me almost more than anything else in procurement is wage theft," said Brownrigg. He said the council does not take a one-strike view but wants wage compliance watched like a hawk. Members also asked about bidder vetting, subcontractors and communication with the DIR.

Decisions and stakeholder impacts: Pappajohn moved approval of 9G with staff monitoring of wage and safety compliance, and Thayer seconded. The council then approved item 9F, which the mayor described as the same issue with a much higher dollar amount, with the same conditions. Brownrigg moved 9F and Stevenson seconded. Both passed For: 4 (Brownrigg, Pappajohn, Thayer, Stevenson), Against: 0, Absent: 1 (Colson). Labor gains a standing oversight expectation, even on contracts routed through pre-vetted platforms.

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Minor Items

• Consent calendar: Items A-E approved 4-0, with Colson absent.
• Horizon working group: Brownrigg will form a group with Colson and Thayer on Horizon's treatment facility, expected around Q1 2029. Horizon has bid on a county RFP for a temporary sobering center.
• Shuttles: Thayer said two of Burlingame's three commuter shuttle lines are likely to stay, with awards in early 2027.
• Youth Advisory Committee: Teens chose sustainability as their focus, with a thrift pop-up, upcycling workshops and Bayshore cleanups.
• Public comment: Resident Grace said exhibits for an easement-work contract did not match the bid documents.

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Looking Ahead

The city's candidate forum for Districts 1, 3 and 5 is Oct. 6. The mayor also asked colleagues to support a future agenda item on decorating a Highway 101 bridge under Caltrans rules. Thayer backed the idea, and Pappajohn floated a contest. Earlier in the meeting, the mayor read a proclamation naming September Childhood Cancer Awareness Month.