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08-1110_ORANGE,COUNTY OF_Minutes ADMINISTRATIVE ITEMS: G1. CITY MANAGER STAFF DIRECTED TO BRING BACK TO COUNCIL A PROPOSAL FOR FEDERAL GOVERNMENT ADVOCACY CUSTOMIZED FOR THE CITY WITH TOWNSEND PUBLIC AFFAIRS, INC. (600.30) Cindy Russell,.Assistant City manager, responded to questions. Public Comment: is Chris Townsend and Heather Dion, Townsend Public Affairs, Inc., provided and overview of their scope of work on current projects and responded to questions from the City Council. Council Comment: ■ Content with services provided by Townsend Public Affairs, Inc. ■ Should look into receiving a proposal for customized federal advocacy services from Townsend Public Affairs, Inc. ■ Concern with lack of communication from Patton Boggs. G2, COMMUNITY DEVELOPMENT DIRECTOR a. STATUS REPORT OF THE CITY'S CONTRACT WITH DEREK OSTENSEN & ASSOCIATES FOR GRANT WRITING AND OPEN SPACE CONSERVATION SERVICES, RECEIVED AND FILED (600.30) William Ramsey, Principal Planner, responded to questions. Public Comment: ■ Heather Dion, Townsend Public Affairs, Inc., provided clarifications regarding Proposition 84 Grant Program applications. Council Comment. ■ Preference in increasing the compensation amount of the contract. ■ City should look into funding a position though grant applications for an Open Space Manager. ■ Staff to bring Contract back to Council together with Townsend Public Affairs proposal. G3. PUBLIC WORKS DIRECTOR a. MEMORANDUMOF UNDERSTANDING WITH ORANGE COUNTY TRANSPORTATION AUTHORITY TO SUPPORT AND DEVELOP RAILROAD- RELATED IMPROVEMENTS, APPROVED (600.50) Nasser Abbaszadeh, responded to questions. (moi P " LJ Public Comments: ■ Clint Worthington, City resident, spoke in opposition of converting the existing private railroad crossing to a public railroad crossing for liability reasons. ■ Richard Gardner, Capistrano Beach resident, encouraged the Council to move forward with approving converting the railroad crossing from private to public, as the opportunity is very rare. ■ Ryan Curry, Continuing Life Communities (CLC), agreed to provide the City with any necessary documentation stating that CLC will be responsible for all costs associated with the process. Council Comment: ■ Continuing Life Communities (CLC) needs to be responsible to pay any expense for the public railroad crossing process to go through. ■ There will be a public railroad crossing only if there's a public benefit and a need for public access. ■ Project should be approved before going through the process. ■ CLC can make the decision if they want to invest in going through the process. ■ Having an improved four lane public railroad crossing with modern upgraded safety equipment would be a public benefit. ■ Need public railroad crossing for any future projects in that area. ■ The Option Agreement should be brought back as a public hearing before going forward with the Memorandum of Understanding with the Orange County Transportation Authority (OCTA). Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried 3-2 with Mayor pro tem Freese and Mayor Uso opposed to approve the revised Memorandum of Understanding with Orange County Transportation Authority (OCTA) in anticipation of the City filing an Application with the California Public Utilities Commission (CPUC) with a request to convert the existing at-grade private railroad crossing at Rancho Capistrano to a public crossing; City Manager authorized to execute the agreement subject to Continuing Life Communities (CLC) taking on the responsibility for all costs associated with the process by establishing a deposit account and any necessary agreement required by the City Attorney to insure that tax payers are not at risk for any costs associated with moving forward with the Memorandum of Understanding. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar and Nielsen NOES: COUNCIL MEMBER: Freese and Mayor Uso ABSENT: COUNCIL MEMBER: None 8 1/5/2010