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City Attorney Schricker stated that this subject could be a valid matter of public interest depending on the facts. He said he had not seen the mailer. He added that this mailer may be a misrepresentation, and perhaps the Council could consider asking for a retraction. "But the practicality of that is somewhat remote...because it is at the end of the campaign, and a retraction that meets the same distribution of the original document is probably too hard to come by." MEMO 3/27/96 _n______--------------______n__n_--___-------------------------------------------______n______-______n______--_nn_- 8. STAFF REPORTS A. Agreement for Consultant Architectural Services for the Sandpiper Park project, related to the Belmont Elementary School District Joint Project, developing and operating a public educational, recreational and community services facility in Redwood Shores; (304) REPORT: Director of Parks, Recreation and Community Services, March 25,1996 Director Griffiths said it was a pleasure to present the staff report to Council and recommend adoption of the resolution approving an agreement with Gordon H. Chong and Associates of San Francisco for consultant architectural services for the Sandpiper Park Project at Redwood Shores in an amount not to exceed $428,920. Director Griffiths showed an overhead of the site, and said the school was scheduled to open in the Fall of 1997 and the Community Center in the Spring of 1998. Director Griffiths advised that the negotiated $2.975 million lease payment would be set aside in a sinking fund, a separate fund for the operational expenses of the community center over the next 10-12 years. City Attorney Schricker said the Homeowners Association had scheduled a vote that would facilitate the removal of the CC&Rs as they affected this property. If the CC&Rs are not removed then litigation would follow. City Attorney Schricker said the CC&Rs issue would probably not delay the project and he is working closely with bond counsel. In response to Council questions, Director Griffiths described the changes in the original design and the impact of market forces on the Certificates of Participation that will be used by the School District to fund construction of the school. He advised that there is $4.15 million available for purchase of the land and architectural services. Mayor Hartnett asked if anyone in the audience wished to speak to this issue. Don Saye, 2021 Broadway, said he attended the meetings that explored this issue and said there was great public participation in the development of all the elements. He spoke in favor of the project and the design. MINUTE BOOK NO. 54 Page No. 156 Regular Meeting Minutes March 25,1996 Page 13