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was just reminded, that this is a Final Map, and the Council does not have the authority to attach a condition to a Final Map. It is a ministerial act, basically to assure that this Map conforms to the Tentative Map." Council Member Leipzig said he served on a couple of Airport Committees, and one of them is a citizen's group in Redwood Shores. He said his concern was that "I'll be serving on another committee in a couple of years when residents move into this Project, and they claim they did not know that this was under a flight pattern." Director Church read the disclosure statement on the deed and said every purchaser will be made aware of that situation. Mayor Howard asked if anyone in the audience wished to speak to this issue: Richard Newman, P. O. Box 1934, Burlingame, Director of the San Carlos Airport Pilots Association, said deed restrictions are not read by purchasers. He said that he served with Council Member Leipzig on the Redwood Shores committee, and said that an avigation easement is a much better notification to prospective purchasers. Mr. Newman said such an easement grants a right that the developer doesn't own anyway, the use of the air space, which is owned and controlled by the FAA. He also said that an avigation easement would prevent the formation of yet another airport noise committee some time in the future. In response to Vice Mayor Ruskin's questions regarding Council options for including an avigation easement, City Attorney Schricker said there was a great deal of history regarding this issue, and he wanted to alert the Council "to the legal implications purportedly requiring such a condition in the first instance. But aside from that, the substantive issues as to validity and the public usefulness of such an easement, really require a prolonged and intensive legislative investigation. It is not something that I would recommend that you would attempt to address on an ad hoc basis in the context of this particular development or any particular development, without a well thought out legislative standard, established under an appropriate due process hearing." He said, "we've encountered lawsuits in the past from the Pilots Association, and the City is caught in between the owner of the property who has property rights to develop, and the users of adjacent property who have certain rights attendant upon the Airport. You are in the middle of that. And as legislators, unless you take into consideration the substantive issues on both sides and come to a reasoned conclusion, I must advise you that there is no substantive evidence before you tonight, upon which you could attach such a condition, legally. Secondly, what is before you tonight is the approval of a Final Map, and the only way that you could defeat the approval of a Final Map would be on the basis of Findings, that the public health, welfare and safety prevent you from doing so. I must again advise you on the basis of the information which has been brought to you on an ad hoc basis tonight, you do not have substantial evidence in that regard to make such a Finding to defeat the approval of the Map." REGULAR COUNCIL MEETING MINUTES BOOK NO. 57 JULY 13,1998 MINUTES Page No. 088 PAGE 16