HomeMy WebLinkAboutMIN 1994 1116 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 16, 1994
A Regular Meeting of the City Council of the City of Moorpark was
held on November 16, 1994 in the Council Chambers of said city
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:14 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Council-member Wozniak.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak and Mayor Lawrason
Staff: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Charles Abbott, City Engineer;
Jim Aguilera, Director of Community
Development; Ken Gilbert, Public Works
Director; Mary Lindley, Assistant to the
City Manager; Debbie Traffenstedt, Paul
Porter, Senior Planner; Don Reynolds,
Administrative Services Manager; Lieutenant
Marty Rouse, Sheriff's Department; Lillian
Hare, City Clerk; and Dorothy Vandaveer,
Deputy City Clerk
4. PROCLAMATION, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Proclamation recognizing The Great American Smokeout,
Thursday, November 17, 1994.
Mayor Lawrason presented the proclamation to Eileen
Tondreau, a representative of the American Cancer Society.
B. Recognition of John Casillas and City Emergency Medical
Technicians.
Mayor Lawrason honored John Casillas for his service as a
trained Emergency Medical Technician.
C. Presentation to the City by the Moorpark Kiwanis Club of
$250 for the Mardi Gras event.
Jim Jackson presented a check for $250 to the City for use
in the Recreation Program for the youth of the community.
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N.F
7.
8.
REORDERING OF, AND ADDITIONS TO THE AGENDA:
None.
November 16, 1994
AT THIS POINT in the meeting a recess was declared to convene
the Moorpark Redevelopment Agency. The time was 7:21 p.m. The
Council reconvened at 7:30 p.m.
PUBLIC COMMENT:
Buster Williams, 4120 Cochran Street, Simi Valley, representing
the Roam'n Relics Car Club, presented a check for $1,050 to the
Mayor for the Boys and Girls Club.
Richard Connolly, 12405 Mountain Trail Ct. addressed the Council
regarding possible solutions to the traffic problems on Mountain
Trail Street generated by Mountain Meadows Park.
Jim Worden, 790 E. Santa Clara St., representing the applicant
on RPD 90 -2, 90 -3, 90 -4, agenda item 8.P., indicated an appeal
was filed yesterday.
COMMITTEE REPORTS:
Councilmember Montgomery reported on the last East Ventura
County Wasteshed Task Force meeting he attended.
CONSENT CALENDAR (Roll Call Vote):
MOTION: Councilmember Hunter moved and Councilmember Montgomery
seconded a motion to pull Items 8.H, 8.J., and 8.P., and approve
the balance of the Consent Calendar. The motion carried by
unanimous roll call vote.
A. Consider Minutes of the Special Meeting of the City Council
of October 19, 1994.
Consider Minutes of the Regular Meeting of the City Council
of October 19, 1994.
Staff Recommendation: Approve minutes as processed.
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B. Consider Approval of the Warrant Register.
Manual Warrants -4676 -24682 $ 27,613.90
Voided Warrants 14444 -24659 $ (52,822.82)
Regular Warrants 24685 -24784 $ 131,389.55
Staff Recommendation: Approve the Warrant Register.
C. Consider Purchase of a One -Ton Super Dutv Truck and Service
Body for Public Works Department. Staff Recommendation:
Authorize staff to purchase a 1994 super duty truck and
service body with an extended warranty, in compliance with
the bid specifications as modified and approved, from
Prestige Ford, Inc. for the amount of $27,565.00 (tax
included)
D. Consider Request for the Release of the Grading Security
for 6717 Aspen Hills Drive (William E. Howseman). Staff
Recommendation: Accept the grading improvements for 6717
Aspen Hills Drive as complete and authorize the City Clerk
to release the $4,144 cash security.
E. Consider Reauest for the Exoneration of the Monument Bond
for Tract 4757 -1 (Ventura Pacific) Relative to Los Angeles
Avenue. Staff Recommendation: 1) Accept the property
survey monuments for Mission Bell Plaza (Tract 4757 -1) as
complete; 2) Authorize the City Clerk to exonerate bond
#3SM777446.
F. Consider Convevance of Easement & Riaht- of -Wav to Caltrans
of Three Deeds, Parcels 75064, 75065 & 75066 (Mission Bell
Plaza)-. Staff Recommendation: 1) Authorize the Mayor to
sign the three subject deeds; 2) Authorize the City Clerk
to execute and notarize the subject deeds and forward them
to Caltrans.
G. Consider Special Event Critique: Car Show, October 30,
1994. Staff Recommendation: Receive and file the report.
I. Consider an Amendment to the Citv's 1994/95 Budget and
Allocate Funds for the Installation of a Wrought Iron Fence
at the Metrolink Station. Staff Recommendation: Approve
an amendment to the City's 1994/95 Budget and allocate
$2,240 from TDA funds for the installation of a wrought
iron fence at the Metrolink Station.
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K. Consider Approval of Additional Funds for the Construction
of Improvements at 675 Moorpark Avenue (Interim Corporate
Yard). Staff Recommendation: Approve an amendment to the
appropriation and a budget for this project by increasing
total project funding from $15,000 to $23,000 ($8,000
increase) (Fund 3: $10,000 to $15,000 and Fund 01: $5,000
to $8,000).
L. Consider Authorizing Recordation of the Notice of
Completion for the Restoration of the Slope on Lot 97 --
Tract 3049. Staff Recommendation: 1) Accept the work as
completed; 2) Instruct the City Clerk to file the Notice of
Completion; and, 3) Authorize the release of the retention
upon acceptance of the Work as complete by the City Manager
and clearance of the thirty -five (35) day lien period.
M. Consider Approval of Certificate of Acceptance for Two
Easement Deeds (Herrera & Altamirano) for the Construction
of Sidewalk Improvements at the Northwest and Southwest
Corners of First Street and Bard Street. Staff
Recommendation: Approve Certificates of Acceptance for two
Easement Deeds for the Construction and Maintenance of a
sidewalk at the northwest and southwest corners of First
Street and Bard Street.
N. Consider Approval of Minor Modification No. 2 to Planned
Community No. 3 (Urban West Communities /Moorpark Investors,
Ltd.) for Modification of Approved Landscape Plan to
Reflect the "As- Built" Landscaping along Tierra Re;ada Road
from South End of Arroyo Simi Bridge to the Southern
California Edison Easement_. Staff Recommendation: Receive
and file the report.
O. Consider Minor Modification No. 1 to IPD 93 -1 (G &S
Partnership). Staff Recommendation: Receive and file the
report.
Q. Consider Approval of Minor Modification No. 2 to DP -299
(Aquaria) to Allow an Addition of 27,886 Square Feet.
Staff Recommendation: Receive and file the report.
R. Consider Membership Application to Southern California
Joint Powers Insurance Authority - City of Malibu. Staff
Recommendation: Receive and file the report.
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November 16, 1994
S. Consider Resolution No. 94 -1083 Relative to Closure of Cit
Hall and Related Activities on December 23, 1994. Staff
Recommendation: Approve Resolution No. 94 -1083
authorizing the closure of City offices on December 23,
1994.
T. Consider Department of Alcoholic Beverage Control (ABC
Grant. Staff Recommendation: Approve the acceptance of
this grant.
U. Consider Resolution No 94 -1084 of the City Council of the
City of Moorpark Approving and Authorizing the City Manager
to Execute a Reimbursement Agreement by and between the
Moorpark Redevelopment Agency and the City of Moorpark
(Improvement for 224 -226 High Street. Staff
Recommendation: That future tax increment revenues be
pledged to reimburse the City for the cost of labor and
advancement of funds.
V. Consider Library Expansion Funding. Staff Recommendation:
Refer to Redevelopment Agency.
W. Consider Authorization for Expenditures Related to Employee
Recognition Dinner. Staff Recommendation: Authorize the
inclusion of the costs for the employee recognition dinner
in this year's appropriation for the Administrative
Services Employee Recruitment /Recognition line item
(01.4.117.639), not to exceed $2,500.
X. Consider Authorizing the Hiring of an Administrative Intern
in the Public Works Department. Staff Recommendation:
Authorize the addition of the position of Administrative
Intern for the Public Works Department for seven hundred
twenty (720) hours for FY 1994/95.
The following items were pulled from the Consent Calendar for
individual consideration:
H. Consider Support for the City of Fillmore's Efforts to
Improve Public Safety on Highway 126. Staff
Recommendation: That the City Council send a letter to
Caltrans signed by the Mayor and the Councilmembers, with
a copy to the County, supporting the City of Fillmore's
efforts to improve public- safety on Highway 126.
Mayor Lawrason stated that
and the citizens support
efforts to improve the very
it was important that the City
the City of Fillmore in its
dangerous Highway 126.
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November 16, 1994
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to authorize the City Council to send a letter
to Caltrans signed by the Mayor and the Councilmembers, with a
copy to the County, supporting the City of Fillmore's efforts to
improve public safety on Highway 126. The motion carried by
unanimous voice vote.
J. Consider Resolution No. 94 -1085 Adopting Measures to Limit
the Use of Mountain Trail Court by Patrons of Mountain
Meadows Park. Staff Recommendation: 1) Adopt Resolution
No. 94 -1085 Changing the NO PARKING ANYTIME zone on the
south side of Mountain Trail Court east of Walnut Creek
Road to NO STOPPING ANYTIME; 2) Approve the use of curb
markings in lieu of regulatory signs on said street
segment; and 3) Defer action to place a fence along the
north boundary of the park.
Councilmember Wozniak requested that
2.b. of the staff recommendation be
changed to read, 1190 days from curb
painting and sign placement, staff
will place the issue of the fence
along the north boundary of the park
on the Transportation and Streets
Committee agenda for further review
before going to Council."
Councilmember Hunter said the City needs to evaluate the
parking situation and perhaps limit the size of the groups
that use the park if it is an oversize group. He requested
a policy be discussed at a future meeting.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to approve the staff recommendation to 1)
Adopt Resolution No. 94 -1085 Changing the NO PARKING ANYTIME
zone on the south side of Mountain Trail Court east of Walnut
Creek Road to NO STOPPING ANYTIME; 2) Approve the use of curb
markings in lieu of regulatory signs on said street segment; and
3) Direct that 90 days from curb painting and sign placement,
staff will place the issue of the fence along the north boundary
of the park on the Transportation and Streets Committee agenda
for further review before going to Council. The motion carried
by unanimous voice vote.
P. Consider Minor Modification No. 1 to Residential Planned
Development Permits 90 -2. 90 -3 and 90 -4 (Hartman) - Request
for Two One Year Extensions. Staff Recommendation:
Receive and file the report
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November 16, 1994
Councilmember Montgomery stated that the appropriate thing
for the Council to do in light of the appeal was to take no
action.
9. PUBLIC HEARINGS:
A. consider Revisions to the City's Land Use Development Fees.
Staff Recommendation: That the City Council rescind
Resolutions 93 -987 and 86 -287, adopting Resolution No. 94-
1086 provided in the staff report, and pursuant to
Government Code 66061, make the new Land Use Development
Fees effective on January 16, 1995, (sixty days from
November 16, 1994).
Mr. Reynolds gave the staff report.
Mayor Lawrason opened the public hearing. As there were no
speakers for this item, Mayor Lawrason closed the public
hearing.
In response to Councilmember Perez, Mr. Reynolds indicated
that the Building Industry Association had been provided
with the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to approve the staff recommendation to adopt
Resolution No. 94 -1086 and pursuant to Government Code 66061,
make the new Land Use Development Fees effective on January 16,
1995. The motion carried by unanimous voice vote.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason requested an agenda item to discuss City policy
on purchasing goods and services from City merchants.
11. ACTION /DISCUSSION:
A. Consider Appointment to the Senior Citizens Advisory_
Committee. Staff Recommendation: Appoint five committee
members for a one year term to begin December 1, 1994.
Ms. Hare gave the staff report.
NOMINATION: Mayor Lawrason moved to nominate and Councilmember
Montgomery seconded the nomination of Morrie Abramson, Tony
Bellasalma, Everett Braun, Lois Brusven, Vina Milburn to the
Senior Citizens Advisory Committee for a 2 year term. The
nomination carried by unanimous voice vote.
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AT THIS POINT in the meeting a recess was declared. The time
was 8:13 p.m. The Council reconvened at 8:30 p.m.
B. Consider Adoption of Resolution No. 94 -1087, a Resolution
in Support of the Regional Trails and Pathways Master Plan.
Staff Recommendation: Adopt Resolution No. 94 -1087, a
Resolution of Support for the Regional Trails & Pathways
Master Plan, and direct staff to prepare a letter to the
County Board of Supervisors, which clarifies that the City
is requesting revisions to the Recommended Primary System
and Feeder Pathways Maps, as addressed in the staff report.
Ms. Traffenstedt introduced Ron Blakemore from the Regional
Trails Advisory Program who gave a presentation on the
Regional Trails and Pathways Master Plan.
Ms. Traffenstedt stated that the majority of the City's
concerns have been incorporated into the map.
Roseann Mikos, 14371 E. Cambridge Street, addressed the
Council as a member of the Regional Trails Advisory
committee. She encouraged adoption of the resolution of
support.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded the motion to adopt Resolution No. 94 -1087
and to direct staff to prepare a letter to the County Board of
Supervisors, which clarifies that the City is requesting
revisions to the Recommended Primary System and Feeder Pathways
Maps, as addressed in the staff report dated November 8, 1994.
The motion carried by unanimous voice vote.
C. Consider Fifth Town Hall Meeting. Staff Recommendation:
Direct staff as deemed appropriate.
Ms. Hare gave the staff report.
CONSENSUS: By consensus, the Council determined to schedule the
first Town Hall meeting of 1995 for January 28, 1995 at the
Community Center and to agendize an item to discuss the 1995
Town Hall meeting schedule for January 3, 1995.
D. Consider Council Ad Hoc Committee to Revise the Council
Rules of Procedure. Staff Recommendation: Appoint an Ad
Hoc Committee to revise the Council Rules of Procedure.
Ms. Hare gave the staff report.
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MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to assign Mayor Lawrason and Councilmember
Wozniak to an Ad Hoc Committee to revise the Council Rules of
Procedure. The motion carried by unanimous voice vote.
E. Consider Employment Solicitation Activities by Day
Laborers. Staff Recommendation: Direct staff as deemed
appropriate.
Ms. Lindley gave the staff report. She outlined the Agoura
Hills City ordinance and said that it does not alleviate
the problem of a Tipsy Fox situation but only addresses
solicitation by motorists not on private property. She
said it is a very limited tool..
Ms. Kane commented that it is very difficult to get a
conviction in the Agoura Hills model because it is
difficult to identify the soliciting activity without
knowing what is being communicated between the person on
the street and the person in the vehicle.
MOTION: Councilmember Perez moved and Councilmember Montgomery
seconded a motion to refer this matter to the Community
Development Committee for further review. The motion carried by
unanimous voice vote.
F. Consider Status of County of Ventura Happy Camp Golf Course
Proiect. Staff Recommendation: Direct staff to prepare an
updated status report for the City Council's November 2,
1994, meeting. (Continued Item)
Ms. Traffenstedt gave the staff report. She said the
County Harbor Commission has unanimously recommended
approval of the lease option which is going before the
Board of Supervisors on December 6.
CONSENSUS: By consensus, the Council requested to be kept
informed regarding any developments on this project.
G. Consider Economic Development /Affordable Housing
Committee's Recommendations and Adoption of Resolution No.
94- Pertaininq to an Inclusionary Housina Ordinance.
Staff Recommendation: 1) Direct staff to forward the
recommendations of the Economic Development /Affordable
Housing Committee and a copy of the City of Carlsbad
Ordinance to the City Attorney for development of a City of
Moorpark Inclusionary Housing Ordinance; 2) Adopt a
resolution initiating the amendment of the Moorpark Zoning
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Ordinance pertaining to Inclusionary affordable housing
requirements and directing the Planning Commission to set
the matter for study, hearing and recommendation.
(Continued Item)
Ms. Traffenstedt gave the staff report.
In response to Mayor Lawrason, Ms. Traffenstedt said that
no other City in the County has an inclusionary housing
ordinance. She said Ventura was working on such an
ordinance and the City of Ojai had a voluntary ordinance.
In response to Councilmember Montgomery, Mr. Aguilera
responded in the affirmative that this is a non - paying
project for staff. Mr. Aguilera indicated that staff has
an estimate of staff time, but not City Attorney time to
complete the inclusionary housing ordinance.
Councilmember Montgomery requested to know the total dollar
cost to complete the project.
Councilmember Perez indicated that the Economic
Development /Affordable Housing Committee had received
information from staff relative to the ordinances in place.
He said the committee felt it might be helpful to have the
City Attorney involved in the beginning of the drafting of
the inclusionary housing ordinance. He said he believed
the dividends returned to the community from developing the
ordinance would be worth the cost.
Gary Austin, 17512 Von Karman Blvd., Irvine, representing
the Messenger Investment Company, requested that the
Council waive their rules of procedure to receive a letter
which he had submitted to the City Clerk. He said
Messenger Investment was very much opposed to the 15%
requirement for affordable housing which would become a
component to every new project in the City.
Jeff Gordon, 17512 Von Karman, Irvine, representing the
Messenger Investment Company, reviewed the ordinance passed
by the City of Carlsberg. He indicated that the 15%
mandated affordable housing was not conducive to bringing
new projects into the Cit },. He indicated that the adoption
of the City's General Plan should govern development.
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Eloise Brown, 13193 Annette Street, representing the
Ventura County Alliance of Taxpayers, spoke indicating that
the affordable housing concept precludes some people from
getting housing when it is needed. She said those buying
homes would pay additional fees to allow the reduced priced
homes to be built in a project.
Councilmember Perez stated that he felt the City should
move forward with the inclusionary zoning ordinance.
In response to Councilmember Wozniak, Ms. Kane indicated
that she would need clear direction on the scope of work to
be completed and then she would be able to provide an
estimate in a short turn around time to the Council.
Councilmember Montgomery indicated a project to complete
this ordinance was similar to an unfunded mandate. He said
he felt the ordinance would have a detrimental impact on
the housing stock and the people who presently reside in
the City.
Councilmember Hunter indicated that this item is the
fulfillment of Committee work assigned by the direction of
the Council.
Mayor Lawrason indicated that he was leaning towards
Councilmember Montgomery's feeling of opposition to this
item.
Mayor Lawrason said the Council should defer spending the
funds on this item now and continue to move forward on
specific plans that are presently in progress in the City.
He said he did not believe the timing was right now for
this project.
Councilmember Perez commented that some of the actions
taken by the City and Agency recently simply maintain the
already established levels of affordable housing and don't
address future housing needs. He said he believed more
work is needed to be done to bring forward an acceptable
ordinance.
MOTION: Councilmember Hunter moved and Councilmember Montgomery
seconded a motion to refer this item back to the Economic
Development /Affordable Housing Committee for further review and
study. The motion carried by unanimous voice vote.
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November 16, 1994
H. Consider Draft Growth Management Ordinance and Status
Report by City Attorney Regarding Building Industry
Association of San Diego, Inc., v. City of Oceanside
Litigation. Staff Recommendation: Receive a verbal report
from the City Attorney regarding the status of the
litigation action on the City of Oceanside's growth
management ordinance, and continue Council discussion on
the proposed City of Moorpark growth management ordinance.
(Continued Item)
Ms. Kane gave an oral report. She said the California
State Supreme Court has denied the City of Oceanside's
request for review. She said this means the appellate
court decision stands as precedent. She said if a growth
management ordinance impacted the supply of low income
housing then it would be contrary to state law, but if it
did not have that impact then it would be a valid
ordinance. She indicated that the Oceanside ordinance
exempts low income housing.
Councilmember Montgomery said he still advises the
establishment of a categorized growth control ordinance as
he had previously outlined through the City Council.
Councilmember Perez commented that perhaps the City should
not approach growth management through the mechanism of a
strict number of allowable units per year.
Mayor Lawrason concurred that a different approach was
needed.
Ms. Kane commented that the Oceanside decision was based
strictly on State statutes so that the decision could be
wiped out if there was a statutory change.
Councilmember Wozniak stated his belief that this matter
needed to be referred back to committee to be reviewed in
light of what the Council now knew.
Councilmember Perez said that he believes that the former
committee should be contacted after the Planning Commission
appointments are filled.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to refer this matter to the previous
committee with a request to have two Planning Commissioners
serve on the Committee. The motion carried by unanimous voice
vote.
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12. ORDINANCES:
November 16, 1994
A. Second Reading of Ordinance No. 200 - Making Revisions to
the City's Zoning Ordinance Relating to The Allowance of
Dry Cleaning Facilities within Industrial Zones and the
Adjustment of Permit Requirements for Restaurants within
Industrially Zoned Parcels
Ms. Kane read the ordinance title.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to waive further reading and declare Ordinance
200 read for the second time. The motion carried by unanimous
voice vote.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to declare Ordinance 200 adopted as read. The
motion carried by unanimous voice vote.
13. CLOSED SESSION:
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adjourn to Closed Session for a discussion
of all items on the agenda:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - four)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases to
be discussed - two)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to
Government Code Section 54957)
Title: City Manager, Deputy City Manager, Director of
Community Services, Director of Community Development,
Public Works Director, City Clerk, Chief of Police, City
Engineer, and City Attorney
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared the time was
10:20 p.m. The Council reconvened into Closed Session at 10:30
p.m.
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Present in Closed Session were all Councilmembers; Steven Kueny,
City Manager; Richard Hare, Deputy City Manager; and Cheryl
Kane, City Attorney.
The Council reconvened into Open Session at 10:48 p.m.
Mr. Kueny stated there was no action to report and only items.
13.A., 13.B., and 13.C. were discussed.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to reject the claim of Roseann
Mikos and to direct staff to so notify the claimant. The motion
carried by unanimous voice vote.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 10:48 p.m.
,y
Yn _
Paul W. L rason Jr., ayor
ATTEST:
Lillian E. Hare, City Clerk
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