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1 Sandy Loi From:Evan Adams <evan.adams.fc@gmail.com> Sent:Thursday, April 2, 2026 7:01 PM To:Foster City Public Comment Cc:Rob Lasky; Aaron Siu; Austin Walsh; Katherine Estrada; Priscilla Schaus Subject:8.1 Fwd: Golf, Mariners Point B-Model for City In re item 8.1 closed session for Monday closed session... ---------------------------- Evan Adams Foster City CA ---------- Forwarded message --------- Dryden Park Golf Course in Modesto. The Parks & Rec dept there is building a new clubhouse with small dining and proshop. All of it done at prevailing wage labor rates. All tenant improvements at the golf course should be done at prevailing wage rates as the city owns the land. On investigation the Dryden Park Golf Course is run & maintained by Kemper Sports and Brightview Golf Maintenance. They maintain 3 of Modesto's courses and manage/run 2 of them. This info is from 2020. Dryden is about 127-acres. The proposal is more complete than anything I've ever seen presented to Foster City Council. The cost to maintain 3 courses and manage 2 costs Modesto about $2.7M / year. Certainly a different business model than FC has with the entirety simply leased out to a tenant. Here is a link to the agreement https://agenda.modestogov.com/OnBaseAgendaOnlineCouncil/Documents/ViewDocument /BRIGHTVIEW_2021_AGREEMENT_-_SIGNED_W- EXHIBITS.PDF?meetingId=1810&documentType=Minutes&itemId=69841&publishId=92351&isSection=f alse Also, note the comps on pages 38-41. All of which could be used in examining a new lease renewal for the current or a new operator. Kempter runs about 65 muni courses in the USA and hundreds of golf courses elsewhere. I thought you might find this informative as I am sure the FC Golf Course will be up for yet another lease renewal / extension / soon. Hopefully you will find this email in your inbox when the negotiation closed session comes around again. Again, you could downzone the golf course to park land as part of the Parks & Rec Master Plan to vastly increase our park acreage. Regards, 2 ---------------------------- Evan Adams Foster City CA 1 Sandy Loi From:mooney shawn <moondoggg@sbcglobal.net> Sent:Friday, April 3, 2026 11:07 AM To:Foster City Public Comment; City Council Cc:Stefan Chatwin; City Council; Benjamin Stock-City Attorney; Priscilla Schaus; Rob Lasky; Aaron Siu; Austin Walsh; Katherine Estrada Subject:4-6-2026 Public Hearing Comments closed meeting Golf Course Lease-VB Golf- Mariners Point Attachments:Exh. D item 5 Master Lease City & VB Golf.pdf; #91 Public Hearing Comments 4-6-2026 Marines Point Golf Master Lease.pdf; #3) Foster City Public Notice 6-24-1996 fill permit after the fact.pdf; #4) Judgment 1991.pdf Importance:High City Manager Chatwin, it has come to my attention that the city council is having a closed meeting on April 6, 2026, regarding the Master Lease at Mariners Point Golf and VB Golf & EMID/FC. As you know, via the #91 emails document attached and supporting evidence that the Caltrans property described in the existing master lease exhibit D is a public street and contains approximately 120 public parking spaces. As you know, a dispute arose from the language in the master lease exhibit D, in which the city assigned the Caltrans property to VB Golf for its private exclusive use, in violation of the terms and conditions of the city's recorded access easement granted by the Caltrans conditional use restriction. That said, the existing master lease exhibit D must be eliminated and replaced with terms and physical conditions that are consistent with the access easement road and parking for public consumption in support of all recreational opportunities in the surrounding area. City Manager Chatwin, in addition a new lease agreement must include provisions for enhanced pedestrian circulation between Mariners Island Blvd, Lakeside Drive and Baywinds Park. The recreational community is grateful the city recently replaced the pedestrian access gate at Mariners Island Blvd to the bay levee, however there is a need for a pedestrian pathway from the said replaced access gate, south bound towards Lakeside Drive and Baywinds Park. Currently, there is zero pedestrian access that connects Mariners Island Blvd to Lakeside Driver. Currently, the golf course operation has a public restaurant and other food and drink sales, due to the lack of a pedestrian circulation plan between Mariners Island Blvd, Lakeside Drive and Baywinds Park, are effectively restricted from patronizing the existing food and drinks sales at the golf course. City Manager Chatwin, nearby business like Gilead Science has employees that daily seek walking opportunities during lunch breaks, however due to the lack of a pedestrian circulation plan at Mariners Point, thus restricted from the golf course food and drinks opportunities. The public desires new lease terms and condition that incorporates a new pedestrian pathway between the new pedestrian access gate at Mariners Island Blvd with a A-B pathway to Baywinds 2 Park, this would likely include carving off a six-foot-wide pedestrian pathway from the golf course existing Corp yard area behind the existing food and drink facilities. City Manager Chatwin, the requested pedestrian circulation plan was incorporated in the Bicycle- Pedestrian Master Plan public comments, however the anticipated draft plan has not yet been released yet relevant here. The said public comments also described significant pedestrian safety concerns at East 3 rd Avenue due to the lack of pedestrian sidewalks, cross walks and bike routes along East 3 rd Avenue and crossing East 3 rd Avenue. Please incorporate appropriate new lease terms and conditions that will facilitate the need for improved pedestrian safety and pedestrian circulation and public access and public parking. Kind Regards, Shawn Mooney EXHIBIT 13 Improvements Which Are Not Property of Lessee 1. Storm Drainage System, including all site piping, drainage structures and connections to existing systems but excluding golf course drainage. 2. Water System, including all site piping, valves, fittings, fire hydrants and connections to the existing system. 3. Sanitary Sewer System, including all site piping, structures, cleanouts and connections to the existing system. 5. Main Parking Lot (approximately 80,000 square feet) located north of the southern lease boundary line and along the Mariner's Island Boulevard access parcel and • East Third Avenue right of way, including all AC base, paving, curb, gutter, • sidewalk, signing, lighting and adjacent landscaping and irrigation. Notwithstanding that the foregoing Improvements are not property of Lessee, they are part of the Premises and for the exclusive use of Lessee pursuant to the terms of the Lease. LOG # 4093 SAN FRANCISCO DISTRICT US Army Corps PUBLICNOTICE of Engineers NUMBER: 19742S49 DATE: May 24, 1996 RESPONSE REQUIRED BY: June24, 1996 Regulatory Branch 211 Main Street San Francisco, CA 94105-1905 PERMIT MANAGER: Jeff Olberding PHONE: 415-744-3037 Ext. 241 e-mail: jolberding@smtp.spd.usace.army.mil 1. The City of Foster City, (Contact: Charles F. an area within the City's right-of-way. The northern Loucks, Director of Public Works), 610 Foster City extension of Lakeside Drive from East Third Avenue Boulevard, Foster City, California 94404, (415)286- would provide access toanew road which would 3270, has applied fora Department ofthe Army continue east from the new portion of Lakeside Drive permit to place 6,550 cubic yards of fill into at the southern edge of the EMID parcel and connect "waters" of the United States, in order to construct with the existing gravel parking lot west of Marsh two roadway extensions to a golf course and a public Drive (Sheet 4). To facilitate drainage to the Bay, parking lot, located within the Estero Municipal two 32" culverts are proposed to be constructed under Improvement District (EMID) site, west of the San the extension of Lakeside Drive (Sheets 5A and 5C). Mateo Bridge and immediately to the north of East Third Avenue in the City of Foster City, San Mateo In addition, the City of Foster City is applying for an County, California. after-the-fact permit for prior fill (0.70 acres) placed in wetlands without Corps authorization. The The applicant seeks a Corps permit for construction unauthorized activity occurred in the western portion activities that would require the placement of 0.26 of the Lakeside Drive northern extension and inthe acres of newfill andfor previous unauthorized eastern portion of the Mariners Island Boulevard activities that resulted inthefillof 0.70 acres of northern extension (Sheet 3). In order to utilize these jurisdictional areas.Thetotalamount offill in areas, the Corps is requiring an after-the-fact permit. Corps jurisdiction would be 0.96 acres. Approximately 0.26 acresof wetlandswouldbe This application is being processed pursuant to the impacted by the proposed Lakeside Drive extension provisions of Section 404 of the Clean Water Act within the City's right-of-way. In addition, (33 U.S.C. 1344). approximately 0.59 acre of fill has been previously placed in wetlands on Lakeside Drive and 0.11 acre of 2. As shown in the attached drawings (Sheets 1-7), fill has previously been placed in wetlands within the applicant plansto complete the construction of Mariners Island Boulevard. In total, placement of fill the northern extension of Lakeside Drive within the would impact, or has previously impacted a total of eastern portion of the Cityright-of-way. This 0.96 acre of seasonally-flooded brackish vegetated extension would provide continued access to a public palustrine emergent wetlands and seasonally-flooded parking lot currently used for recreational purposes. unvegetated palustrine open water habitat on the The temporary access road, which crosses California project site. Department of Transportation (CalTrans) lands and is not ina City right-of-way, isnot available for a In order to mitigate the impactsof project permanent access easement. Development of the development of the site's wetlands, compensatory in- property north of East Third Avenue between kind wetland habitat would be created at a mitigation Mariners Island Boulevard and Marsh Drive requires ratio of 1.5:1 for the vegetated palustrine emergent the relocation of the temporary public access road to wetlands and at a ratio of 1:1 for the seasonally-flood palustrine open water habitat. The applicant is Quality's Regulations, 40 CFR 1500-1508, and preparing a mitigation plan detailing procedures for . Corps of Engineers' Regulations, 33 CFR 230 and the creation of 0.23 acres of vegetated palustrine 325, Appendix B. Unless otherwise stated, the emergent wetlands and 0.81 acres of seasonally- Preliminary Environmental Assessment describes flooded unvegetated palustrine open water habitat for only the impacts (direct, indirect, and cumulative) a total of 1.04 acres. resulting from activities within the jurisdiction of the Corps of Engineers. The Environmental Matrix and The purpose of this work isto construct the other worksheets and supporting data used in the extension of two roadways, Lakeside Drive and preparation of this Preliminary Environmental Mariners Island Boulevard ina northerly direction Assessment are on file in the South Section, from East Third Avenue. The extension of Lakeside Regulatory Branch, Corps of Engineers, 211 Main Drive would replace an existing temporary access Street, San Francisco, California. road, allowing access to a public parking lot used to access the bay for recreational purposes. The extension ofMariners Island Boulevard would 5. The Preliminary Environmental Assessment provide access to a newly constructed golf course resulted in the following findings: located on the EMID parcel. a. IMPACTS ON THE AQUATIC ECOSYSTEM 3. The applicant states that he has submitted an application to the Regional Water Quality Control (1) Physical/Chemical Characteristics and Board, San Francisco Bay Region, requesting water Anticipated Changes quality certification. If the State Water Resources Control Board determines that this project is Substrate - The entire site (wetlands, adjacent consistent with the California Water Quality Control uplands and access roads) encompasses approximately Plan, Requirements adopted by the Regional Board 13 acres. The site is generally flat, with variations in and Sections 301, 302, 303, 306 and 307 of the elevation of less than two feet, except where fill Clean Water Act, the State will issue a Certificate of material has been placed for the Mariner's Island Conformance with Water Quality Standards to the Boulevard extension, on the western site boundary, project proponent. Those parties concerned with and where fill has been placed for the Lakeside Drive any water quality problems that may be associated extension which crosses near the center of the site. with thisproject shouldwrite to theExecutive The site is surrounded onall four sides by elevated Officer, California Regional Water Quality Control substrate, creating two distinct depressional areas that Board, San Francisco Bay Region, 2101 Webster pond water from precipitation and runoff. Uplands Street, Suite 500, Oakland, California 94612. surrounding the pond areas have been disturbed by grading, fill, and illegal The applicant has also been informed to contact the dumping. San Francisco Bay Conservation and Development Commission (BCDC) in order to ensure the project A portion of the east side of the Mariners Island is consistent with the State's coastal zone Boulevard extension and the western portion ofthe management program. northern extension of Lakeside Drivehave been previously filled (unauthorized activity). Therefore, the majority of 6,550 cubic yards of fillhas been 4.The Corps ofEngineers has assessed the previous placed on site. Long-term, adverse impacts environmental impacts ofthe action proposed in to substrate would be minor to moderate in accordance with the requirements of the National magnitude. Environmental Policy Act of 1969 (Public Law 91-190), and pursuant to Council on Environmental Drainage Patterns - The proposed drainage pipes 2 under Lakeside Drive are to be installed as part of the wetlands and seasonally-flooded unvegetated Lakeside Drive extension project. Their purpose is to palustrine open water habitat on the project site. In facilitate drainage to the Bay during extreme storm order tomitigate wetland impacts, the applicant events, therefore, the proposed 32" drainage pipes proposes compensatory in-kind wetland habitat be under the proposed Lakeside Drive extension are created at a mitigation ratio of 1.5:1 for the vegetated designed to slope toward the 36" pipe under Mariners palustrine emergent wetlands and at a ratio of 1:1 for Island Boulevard extension. According to the design, the seasonally-flood palustrine open water habitat. water would pond to a depth of approximately 1.95 The applicant has proposed wetland creation of 0.23 feet on the eastern side of Lakeside Drive before it is acres of vegetated palustrine emergent wetland and allowed to flow to the west side of Lakeside Drive. 0.81 acres of seasonally-flooded unvegetated The slope of the pipes ensures that the ponding that palustrine open water habitat for a total of 1.04 acres has occurred previously would continue to occur prior (see Sheet 6 of 7 for mitigation location). Proposed to any drainage taking place to the west side of the wetland creation would result in a increase of0.08 proposed Lakeside Drive extension. Considering that acres in wetland habitat. Unmitigated, the placement there are currently noculverts connecting the of fill into wetland habitat would be considered a segmented wetland, the incorporation ofa culvert long-term major adverse impact. With the would restore drainage that normally would occur at incorporation of compensatory wetlands, these the site. Therefore, long-term impacts to drainage are impacts have been fully mitigated. considered to be beneficial and moderate to major in magnitude. Endangered Species -No rare, threatened or endangered species of flora or fauna, either listed or Erosion/Sedimentation Rate - Project construction proposed for listing by state or federal regulations are would remove vegetation and/or disturb soils in non- known to occur on the project area. A field study was vegetated areas within the localized area ofthe conducted on September 19, 1995, by David Mullen, activity. If left unvegetated, the side slopes of the PhD in order to assess the suitability of on-site habitat newly constructed roadways would be susceptible to to support the federally and state listed endangered erosion from precipitation and wind. This could salt marsh harvest mouse (Reithrodontomys cause an increases in the amount of sediment leaving raviventris). It was determined that the habitat is not the project site, ultimately ending up inthe Bay. suitable to support this species andit is highly Since these areaswould be reseeded and proper unlikely that this species would occur on site. erosion protection measure implemented, adverse However, if such an impact is identified, the Corps impacts associated with erosion and sedimentation will initiate consultation withthe U.S.Fishand would be short-term and minor in nature. Wildlife Service as required by Section 7 of the Endangered Species Act. (2) Biological Characteristics and Anticipated Changes Habitat for Fish, Other Aquatic Organisms, and Wildlife - The project site currently ponds on a Wetlands (Special Aquatic Site) - Approximately seasonal basis, creating habitatfor resident and 0.26 acres of wetlands would be impacted bythe migratory waterfowl and shore birds. Potential proposed Lakeside Drive extension. In addition, impacts to wildlife utilizing this area could include: approximately 0.59 acre of fill has been previously a) disturbances from increased noise levels during placed in wetlands on Lakeside Drive and 0.11 acre of construction; b) establishment of non-native invasive fill has previously been placed in wetlands within plant species; c) disturbances from increased human Mariners Island Boulevard (unauthorized activities). activity; d) increases in the amount of pollutants such In total, placement offill would impact, or has as oil, grease and trash from storm water runoff; previously impacted a total of 0.96 acre of seasonally- e) fragmentation of the existing wetland habitat; and flooded brackish vegetated palustrine emergent f) increased disturbance to habitat resulting from off- 3 road vehicle use. wetland site is currently being use by off-road vehicles. This has severely degraded a large section These long-term, adverse impacts would range from of seasonal wetland habitat. Improved access could moderate to major in magnitude. allow more use of the wetland areas by off-road vehicles, possibly resulting in increased degradation. b. IMPACTS ON RESOURCES OUTSIDE THE AQUATIC ECOSYSTEM Traffic/Transportation - Local traffic could be (1) Physical Characteristics and Anticipated adversely impacted when trucks hauling the imported Changes fill material are encountered on their way to and from the construction site. However, the project site is Air Quality - Construction activities would have situated in an area that is readily accessible to the minor, short-term impacts on air quality in the vicinity freeway and would only require traveling ashort of the project site. Based on the relatively minor size distance on surface streets. Adverse impacts of the proposed project and limited to an evaluation associated withtraffic would be short-term and of air quality impacts only within Corps of Engineers' moderate in magnitude. jurisdictional areas, the Corps has determined that the total direct and indirect project emissions would not (4) Historic - Cultural Characteristics and exceed thede minimis threshold levels of 40 CFR Anticipated Changes 93.153. Therefore, the proposed project would conform to the State Air Quality Implementation Plan The City of Foster City has indicated in their Initial (SIP) for California. Study preparedin accordance with Section 15063 of CEQA Guidelines and theCity ofFoster City Noise Conditions - Short-term, adverse impacts on Environmental Review Guidelines that the proposed noise conditions inthelocal area could be expected project will not have the potential to "cause a physical from the operation of construction equipment, truck change which could affect unique ethnic cultural deliveries, and grading activities. This may disturb values, nor will the proposed project "result in an local populations of wildlife that: a) utilize the area alternation of a significant archeological or historical for breeding or foraging purposes; b) use the area for site, structure, object or building." breeding and rearing of young; c)use the area as movement corridors. Additional adverse impacts In addition, a Corps of Engineers' archaeologist is could be expected on those individuals using the golf currently conducting a cultural resources assessment course and adjacent area for recreational purposes. of the permit area, involving review of published and unpublished data on file with city, State, and Federal agencies. If, based upon assessment results, a field (3) Socioeconomic Characteristics and Anticipated investigation of the permit areais warranted, and Changes cultural properties listed or eligible for listing on the National Register of Historic Places are identified Recreational Opportunities - The construction of during the inspection, the Corps of Engineers will roadway extensions tothe EMID site would allow coordinate with the State Historic Preservation Officer improved access toseveral different typesof to take into account anyproject effects on such recreational activities including golfing, windsurfing, properties. hiking, biking, and wildlife viewing. Allowing improved access to the EMID site would therefore c. SUMMARY OF INDIRECT IMPACTS increase recreational opportunities and the utilization None have been identified. of this area by individuals. This is considered to be a moderate, beneficial impact. A portion of the d. SUMMARY OF CUMULATIVE IMPACTS 4 None have been identified. 8. The Corps of Engineers is soliciting comments from thepublic,Federal, State and local agencies e. CONCLUSIONS AND RECOMMENDATIONS and officials, Indian Tribes, and other interested Based on an analysis of the above identified impacts, parties in order to consider and evaluate the impacts a preliminary determination has been made that it will of this proposed activity. Any comments received not be necessary to prepare an Environmental Impact will be considered bythe Corps of Engineers to Statement (EIS) for the subject permit application. determine whether to issue, modify, condition or The Environmental Assessment forthe proposed deny a permit forthisproposal. To make this action has, however, not yet been finalized and this decision, comments are used to assessimpacts on preliminary determination may be reconsidered if endangered species, historic properties, water additional information is developed. quality, general environmental effects, and the other public interest factors listed above. Comments are 6.Evaluation of thisactivity's impacts includes used in the preparation ofan Environmental application of the guidelines promulgated by the Assessment and/oran Environmental Impact Administrator oftheEnvironmental Protection Statement pursuant tothe National Environmental Agency under Section 404(b) of the Clean Water Act Policy Act. Comments are also used to determine (33 U.S.C. 1344(b)). the need for a public hearing and to determine the overall public interest of the proposed activity. 7. The decision whether to issue a permit will be based on an evaluation ofthe probable impacts, 9. Interested parties may submit in writing any including cumulative impacts,ofthe proposed comments concerning thisactivity. Comments activity and its intended use on the public interest. should include the applicant's name, the number, Evaluation of the probable impacts which the and thedate of this notice and should be forwarded proposed activity may have onthe public interest so as to reach this office within the comment period requires a careful weighing of all those factors which specified onpageoneofthis notice. Comments become relevant ineach particular case. The shouldbe sent to: Lieutenant Colonel Michael J. benefits which reasonably may be expected to accrue Walsh, District Engineer, Attention: Regulatory from theproposal mustbe balanced against its Branch (Jeff Olberding). It is Corps policy to reasonably foreseeable detriments. The decision forward any suchcommentswhich include whether to authorize aproposal,and if so the objections to the applicant for resolution or rebuttal. conditions under which it will be allowed to occur, Any person may also request, in writing, within the are therefore determined bythe outcome of the comment period of this notice that a public hearing general balancing process. That decision will reflect be held to consider this application. Requests for the national concern forboth protection and public hearings shall state, with particularity, the utilization ofimportant resources. All factors reasons for holding a public hearing. Additional which may berelevanttotheproposal must be details may be obtained by contacting the applicant considered including the cumulative effects thereof. whose address is indicated in the first paragraph of Among those are conservation, economics, this notice, or by contacting Jeff Olberding ofour aesthetics, general environmental concerns, office at telephone 415-744-3037 Ext. 241. Details wetlands, cultural values, fishand wildlife values, on any changes of a minor nature which are made in flood hazards, floodplain values, land use, the final permit action will be provided on request. navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare ofthe people. 5 1 2 3 4 5 6 ORIGINAL DANIEL E. LUNGREN, Attorney General of the State of California RICHARD M. FRANK Acting Assistant Attorney General JOSEPH C. RUSCONI Deputy Attorney General 2101 Webster Street Oakland, CA 94612-3049 Telephone: (415) 464-4142 FILED NOV 2 5 1991 WARREN SLOCUM, SLOCUN County cierh Goristar By DEPUTY CLERK Attorneys for Defendant State of California, ex rel. State Lands Commission IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATЕО THE PEOPLE OF THE STATE OF CALIFORNIA, acting by and through the Department of Transportation, NO. 321185 JUDGMENT Plaintiff, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 THE STATE OF CALIFORNIA, THE STATE LANDS COMMISSION, THE CITY OF FOSTER CITY, A municipal corporation of the State of California, and DOES I through X, Defendants. 23 24 25 26 27 The above action having come on for hearing before the above entitled court this 1st day of November 1991, plaintiff State of California, Department of Transportation appearing by David W. Robison; defendant State of California, State Lands Commission appearing by Joseph C. Rusconi, Deputy Attorney General; and defendant City of Foster City appearing by Kenneth M. Dickerson, City Attorney of the City of Foster City. The City of San Mateo has disclaimed any interest in the property at issue in this litigation. The court having accepted the Stipulated 1. EXHIBIT C ACCESS TO BE GRANTED TO THE CITY OF FOSTER CITY All that certain real property situate in the City of Foster City, County of San Mateo, State of California, more particularly described as follows⑆ Commencing at a brass cap monument set in concrete at the northwest corner of the subdivision map entitled Mariner's Island Unit No. 2, recorded in Volume 64 of Maps, at pages 31-35, San Mateo County Records, said monument also being on the corporate city limits line of the City of San Mateo and the City of Foster City; thence along the northern boundary line of said subdivision S 88°30'55" E 1032.99 feet to the northeast corner of said subdivision; thence N 0°52'40" E 156.51 feet to a monument at the northwest corner of the subdivision map entitled Tract No. 92-83, recorded in Volume 114 of Maps, at pages 27-31, San Mateo County Records, said monument also being on the centerline of East Third Avenue; thence along said centerline S 88°30'55" E 615.76 feet, more of less to a monument where said centerline of East Third Avenue intersects the centerline of Lakeside Drive as shown on said Tract 92-83 map; thence leaving the centerline of East Third Avenue and along a prolongation of the centerline of Lakeside Drive N 2°44'50" E 43.51 feet, more or less, to a point on the southerly line of that parcel of land described in the Grant Deed to the State of California recorded June 1, 1954 in Vol [TRUNCATED: source text was longer than the LLM input limit.]
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