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concern is that a potentially deserted building will result due to there not being permanent parking. Her final concern related to emissions not being considered in the EIR. She stated a lot more study must be performed. Council Member Jordan and Principal Passinisi agreed that the Committee that rezoned the tidal plan zones included a church in the permitted uses. David Kennedy stated his credentials and that he is a resident of Redwood Shores and a member of RSOA. As a member of the Fully Alive Real Estate Committee, he was asked to review the proposed agreement prepared by RSOA. The problem he expounded on was that should the church enter into the agreement, it would violate the loan agreement and it would immediately go into default with their lender. David Conklin, a Redwood Shores resident, attends Fully Alive Church and is a member of the church property committee. He stated that as a property commercial business person on the Peninsula for 13 years, his opinion is that the proposed parking easement allowing Fully Alive the right to park at the Point, has been and continues to be insufficiently characterized by many as a temporary agreement. An easement is the legal right of one property owner to use the property of another. An easement is appurtenant to and runs with the property which benefits from it. The easement which the Point proposes to grant Fully Alive will be part of the real estate which the church owns. Conversely, the easement will be an encumbrance on the Point property creating limitations on its use of '---~' parking. The grant of an easement expresses the sincere intent of the owners of the Point to provide a permanent parking solution for Fully Alive. The right of the owners of the right of the Point to revoke the easement is simply a provision to mitigate any potential reduction in property value which the easement might represent in the eyes of the lender or prospective buyer. Joe Verga, stated he is a member of the Fully Alive property board and Governor's Bay HOA Board. He stated that an issue with any Homeowners' Association is overflow parking from other uses within the community. All the streets within these affected communities are private, posted with parking restrictions, there are towing rules and regulations in place, and Governor's Bay has experienced on occasion, the overflow from Sandpiper Community Center. The problem was dealt with and the issue has been resolved, therefore, he does not see overflow parking as an issue. Jim Bewley, Manager of SBSA, highlighted some items mentioned that relate to the plan. The first item noted was an item identified as a change recommended by the Planning Commission, not to remove the radio tower abutments. He stated that it was not a request of the landowners or SBSA, but an observation of the EIR REGULAR COUNCIL MEETING SEPTEMBER 9, 2002 ~ MINUTES PAGE 11 MINUTES BookNo. 59 Page No. 259