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HomeMy WebLinkAbout07/15/1980City Council Minutes July 15, 1980 - 4:00 p.m. Page 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 15, 1980 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jerry Munger and Mayor Cooper ABSENT: None City Staff Lee Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Terry Sanville, Senior Planner; Wayne Peterson, City Engineer; Mikel Park, Fire Department; Roger Neuman, Police Chief 1. On motion of Councilwoman Billig, seconded by Councilman Munger, Ms. Ruby Siegel was appointed as the city's representative on the Area Agency on Aging Board of Directors of the Tri- Counties Commission for Senior Citizens. Motion carried. 2. City Council considered a report from a council subcommittee reviewing the claims of Pacific Western Construction Company for payment for extra work on the Santa Rosa Street Widening Project. Councilwoman Billig, Chairperson of the subcommittee studying the claims for extra work, reported on the 11 claims submitted for consideration and her analyses of each and recommendation of each. She stated that based on the findings of recommendations, she recommended the council deny all of the claims made by Pacific Western Company for extra payment of work done on the Santa Rosa Street Widening project. Tom Wiggon, representing Pacific Western Construction Company, stated he disagreed with the findings of Mrs. Billig. Further, he felt the proceedings had been unfair and that if the council proceeded in approving this recommendation that his firm would have no choice but to proceed with an appeal to court for extra work performed. Dyer Campbell, representing California Transportation Agency, stated he was one of the project managers on this project and attended the study hearings when the appeals were considered and agreed with Councilmember Billig's recommendations and findings. On motion of Councilman Bond, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4205 (1980 Series), a resolution of the Council of the City of San Luis Obispo denying the appeal of Pacific Western Construction Company after rejection of claims for extra payment for work on the Santa Rosa Street Widening Project. Resolution passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None 3. City Council considered the final passage of Ordinance No. 859 (1980 Series), an ordinance of the CCouncil of the City of San Luis Obispo adding Chapter 6 to Article IV of the San Luis Obispo Municipal Code to prohibit the consumption of alcoholic beverage in public places. 1 FJ City Council Minutes July 15, 1980 - 4;00 p.m. Page 2 Mayor Cooper declared the public hearing open. No.one_ appeared before the City Council for.or against the final passage of the.ordinance. Mayor Cooper declared the public hearing.closed... On motion.of.Councilman Bond,,,seconded..,by Councilwoman.Billig,.,Ordinance No. 859 (1980.Series),.was intioduced.for final passage. :.Finally..passed.on the following roll call vote: IAYES: Councilmembers Bond, Billig,.Dunin,.Munger and Mayor Cooper NOES: None ABSENT: None 4. City Council considered.. the ..final.,passage- .of.Ordinance No. 856 (1980 Series),.and ordinance -of the._Council of the City of San Luis Obispo amendiiig'Sections of Article VI, Part VI, Part.4 of.the Municipal Code on the regulations of Taxicabs. Mayor Cooper..declared.the public hearing open. No one appeared before the City Council for._or_ against the proposed ordinance. Mayor Cooper declared the.public hearing closed. On.motion.of Councilman Munger,.secoiided.by Councilwoman.Billig,.. ..Ordinance No. 856 (1980 Series)., was introduced for final passage. Finally passed on the follow- ing roll call vote: AYES: Councilmembers Munger, Billig,. Bond, Dunin and Mayor Cooper NOES:_ None _ ABSENT:. None ' 4 -B On motion of.Councilman..Bond, seconded ..by.Councilman.Munger.,.the following resolution was.introduced:' Resolution No. 4205 (1980.Series), a resolution of the Council..of.the City.of San Luis Obispo deregulating Taxicab Rates. Passed and adopted on the following roll call vote: AYES: .. Councilmembers Bond, Munger, Billig, Dunin..and Mayor Cooper NOES: None ABSENT:. None 5. Lee-Walton, City Administrative Officer,._presented.for..the council's consideration,..drawings for the proposed Mission Plaza Trellis to be placed in the amphitheater area of.the Mission Plaza,..a gift of the Rotary Club. He continued that one of the problems was that when the plans and specifications were presented for the.council.'s consideration, it.was the- Rota.y,Club's feeling that, the Review Board had approved. final plans. - ..But_upon.checking with.�the Design Review.Board,_it.was their feeling that they had sent the.plans.back for- correction.and had,not seen them. He therefore suggested.that the City Council review the plans for.the „trellis and if they would approve them, then send.them.to the.Design Review Board .for final approval. 1 Jim Fickus,.architect -for the,Rotary Club, again reviewed the gift.to.be done by the Club to the City of San Luis Obispo-. He stated the plans.are ready for council's final.approval, they are ready to go .to.construction, and he hoped the council would not-delay the project much longer. On motion-of-Councilman Munger,:seconded by..Councilman Dunin, that the plans and specifications were. approved. by.the.- City_Council,subject.to a.final review by the,Design Reveiw Board. Motion carrier...AH.Ayes. J City Council Minutes July 15, 1980 - 4:00 P.M. Page 3 6. On motion of.Councilwoman Billig, seconded.by Councilman Munger, the following resolution was introduced: Resolution No. 4211 (1980 Series), a resolution of the Council of the City of Sari Luis Obispo for sale of surplus property on the northeast corner of Santa Rosa and Mill Streets in San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin..and Mayor Cooper NOES None ABSENT: None 7.. -.-Lee-'.Walton, Administrative Officer, presented the City Council with the.final, corrected copy of the Memorandum of Understanding for the San Luis Obispo Police Department stating that both.sides had approved the agreement. Mr. Walton. .then..presented.highliglits:of the MOU for.the council's consideration and on motion of Councilwoman Billig, seconded'by Councilman Bond, the following resolution was.introduced: Resolution No. 4212 (1980 Series), a resolution-of the Council of the.City of San Luis gbio,a DDrovi a Memorandum ri U.' r1 f, J b IIOS �I ' of Understanding between the City 'and the San n s- 694.1s.0. . olice fficers Association. Passed and adopted on the following roll call vote: AYES:... Councilmembers.Billig,..Bond, Dunin,.Munger._and Mayor Cooper NOES: None ABSENT: None 8. City Council.considered a staff recommendation that the rent in a . city- owned.apartment...building located at 981.and 983.Palm Street be increased effective September 1, 1980.: The.recommendation was to.bring..the_ rents of the city- owned.property_in line with:private..properties in_the.general area. It was recommended that the City Council raise the rents to'the lowest average of $240.per month... Carol Arbini, 983 Palm-Street, objected to the rent increase due to-the poor condition of the building. She-felt the building was poorly maintained and she would-expect the city to reduce the rent for any work she.does in the apartment to keep it together. Ruth.Huddleston,..981.Pdlm Street, also.:6bjected_to a rent increase. She felt the buildings were.below par and did.not.meet.any.code.and therefore felt the rent should be reduced, not increased: _City Council informed both of the rentors that they.should contact.the.C.A.O. for.any complaints they may have for lack of compliance with city ordinances. a _:...�_..D iro.t _ ._ ^ On.motiori..of Councilman Munger,. seconded .by.Councilwoman.Billig, the following resolution was introduced: Resolution No. 4206 (1980 Series), a resolution of the Council of the City of San Luis Obispo adopting rent to be-charged tenants at 981 and 983 Palm Street effective September 1, 1980. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Billig,.Bond,.Dunin. and Mayor Cooper NOES: None .ABSENT: None .9. City Council considered_a resolution.of the.Whale Rock "Commission recommending to the City Council that when the cost operation of the Whale-Rock Fishing Program is determined that the council amend the 1 1 1 City Council Minutes July 15, 1980 - 4:00 p.m. Page 4 city water bills to reflect this payment,- ..that a. separate charge identifying the cost of.the program be included on-the water bill to make it very clear that the increased rates were not for the operation :of.the. water system, but only for the fishing program imposed by.the court. He said in addition to.the_ technical aspect relating to the..potential. financial:impact on the county, the physical- routing of the county's system was dictated by the city and intended -for the sole.use of the airport property. He concluded by stating that if the council should -favor the request of Wood's -Animal Shelter, the applicant.should.be aware that the final approval rests with the County Board of Supervisors, and that capital.reimbursement• costs, user fees, and facility extensions costs must be.negotiated with the county. Additionally,.the approval of the. %Woods Animal Shelter request represents.a major'change in the.city's policy relative to the utilization of the county owned airport sewer and water.facilities. Also, if the council was favorable to the applicant's request, the county would further request.that prior to the City Council's action, that both city and - county staff be allowed to review the context of the-entire city /county agreement relating to system ownership, maintenance and operation. Terry Sanville, Senior Planner, reviewed the request of Wood's Animal Shelter for water and sewer service-and also reviewed the agreement between the city and the county for supplying-utilities to the airport. It was his opinion that any expansion of that.agreement would be for service beyond the .service area as defined in.the airport services agreement. He continued that in 1977, the city-adopted a- General Plan Land.Use..Element. The general plan.included policies which talk''about: providing sewer and water service both inside and outside the city limits. Pertinent policies state that the city shall not provide services outside the city limits. Cal Poly and the county airport are exceptions to this policy. Providing-water.-service to the After some discussion by the council, it: was_ moved -.by Councilwoman Billig, seconded by Mayor Cooper, that the City Council accept.the.recommendation in concept and direct -the staff -to make.the.necessary.charges at the time ' they are known. Motion carried. 10. City Council considered a.request from Woods Animal Shelter. Society of San.Luis Obispo County, asking for permission to connect to the city's sewer_and.water. connections adjacent to the county-airport where their property exists. They claimed..that..during dry spells, the society's well, from which it derives it water supply, does not produce sufficient water to meet .the.needs.of.the - facility. Further, due to the fact that the shelter building is.to..be.expanded to add several rooms; there would be less land in-which to collect water. They therefore asked for permission to connect to..the.city's water system which is just 50 feet away on the county airport property. Councilman.Bond.left the meeting.due.to a possible..conflict _ of..interest.. Naomi.Kuseman, president.-of Woods.Animal Shelter Society, spoke.in support of their request... She felt that the Woods Animal Shelter Society performed a very valuable service for the city and its citizens and the city should cooperate and allow them to hook up to the .city water system. George Rosenburger, director of facilities services for-the_County of San. Luis Obispo, reviewed for the City Council.'s attention,.an.agreement between the county and the city for.water and sewer services to the airport property and the limitations.placed by the city upon.that.agreement stating that the only uses would be county airport - related uses. He felt_the:proposal.from Woods before the council represented.an impact on the county -owned system relative to water consumption limits.- facility.maintenance,_and county administration. It was his opinion the proposal ''would "iiecessitate.an.amend - ment to the city /county agreement to allow for the increased service area and proposed non_ airport related use. He said in addition to.the_ technical aspect relating to the..potential. financial:impact on the county, the physical- routing of the county's system was dictated by the city and intended -for the sole.use of the airport property. He concluded by stating that if the council should -favor the request of Wood's -Animal Shelter, the applicant.should.be aware that the final approval rests with the County Board of Supervisors, and that capital.reimbursement• costs, user fees, and facility extensions costs must be.negotiated with the county. Additionally,.the approval of the. %Woods Animal Shelter request represents.a major'change in the.city's policy relative to the utilization of the county owned airport sewer and water.facilities. Also, if the council was favorable to the applicant's request, the county would further request.that prior to the City Council's action, that both city and - county staff be allowed to review the context of the-entire city /county agreement relating to system ownership, maintenance and operation. Terry Sanville, Senior Planner, reviewed the request of Wood's Animal Shelter for water and sewer service-and also reviewed the agreement between the city and the county for supplying-utilities to the airport. It was his opinion that any expansion of that.agreement would be for service beyond the .service area as defined in.the airport services agreement. He continued that in 1977, the city-adopted a- General Plan Land.Use..Element. The general plan.included policies which talk''about: providing sewer and water service both inside and outside the city limits. Pertinent policies state that the city shall not provide services outside the city limits. Cal Poly and the county airport are exceptions to this policy. Providing-water.-service to the City.Council Minutes July 15, 1980 - 4:00 p.m. Page 5 Woods .Animal. Shelter . would. -therefore be..contrary- to adopted general.. plan policies..-While the animal shelter:-.could-be considered..a.semi- public use which-provides beneficial community services, there is.no.language in the general plan which provides for exceptions to.-.-the overall service policy. Over the past several years, the city has considered similar requests from other projects beyond the city limits. The California Cooperage:projec.t and the Sierra Gardens_ project are two examples. There_,have been-others in the airport area that .have:requested.service....In these cases ,.the City Council has not allowed access to city water or sewage treatment..services. ' He.'concluded by saying there were two options that the City Council could take and be consistent with adopted_ policies: . 1) Deny.-the request;.. . 2) Direct a change..in..the General Plan to..allow the Woods-Animal Shelter as an exception.to the overall service_ restriction. D.F. Romero, Public Services Director, stated to.the City Council that-there were no physical in.problems in permitting the water service extension with a standard-meter set... So far as the operation of the .water facility was concerned, the Public Services. Department had no problem with this request. Linda McCormick,;Manager.of Woods Animal Shelter, spoke-in support.of their request.and the need for.sewer and water services to serve­their'facility. She felt her organization was.community.service.group and provided a_need for the city and the county and that the city should bend their rules and accept their service. Councilman. Munger stated..that.Woods..Animal Shelter provided a good service and was needed.in the community. .But he felt that the General Plan.prohibited the extension of this water and sewer.service. and he felt the city had no choice but to comply with the General Plan provisions. Councilman Dunin agreed. that the City_Council should .follow. the General Plan. Councilwoman.Billig _felt that this. request was inconsistent with the .General Plan, should..not..be..allowed, and she-also did not feel the General Plan should be amended.. to.grant.service to Woods Animal Shelter.because each group was looking for a special exemption from sticking to the rules. Mayor .Cooper agreed that with..the needs of this group, that.the community, .city and-county-both needed.an animal shelter and a humane society. But, he felt that the City Council should comply with its own general plans. He would -like personally to see if .something could be.worked out to get water to this .needed..facility and use, but he did..no_t see how it could be done on. .the.existing. conditions. On motion of Councilwoman Billig, seconded. by.Councilman Dunin, that the City Council deny.the request on-the basis of: 1):the city has no.authority.to permit.connection to the county system; 2).any.such,connection.would conflict with the General Plan adopted policies. Mo.tion..carried.on the following vote: AYES: Councilmembers Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: . Councilman Bond Councilman Bond returned to the-meeting. - CONSENT ITEMS C -1 On motion of..Councilman Dunin,.seconded . by Councilman Munger,- claims against the city for the month .of July 1980.were.approved.and ordered paid subject to the:approval.of the Administrative Officer. Motion carried. i 1 1 City Council.Minutes July 15, 1980.7 4:00 p.m. Page 6 C -2 On.motion.of.Councilman Dunin.,_ seconded ..by..Councilman..Munger.,..the following minutes.,of:the. listed council meetings .were_approved.as.amended: June 10, 1980 -7:30 p.m. June 23,._1980 -12:10 p.m. June 17, 1980 . - 4:00 .p.m. June. 24,_1980.- 7:30 p.m. June._17, 1980 -7:30 p.m.. June 25, 1980 - 12:10 p.m. June 18, 1980 - 12:10.p.m. June 26, 1980 - .12:10 p.m. June 19, 1980 - 12:10..p.m. June.30, 1980 - 12:10 p.m. C -3 On motion.of Councilman.Dunin,,peconded by Councilman Munger, the following resolution.was.introduced- Resolution No. 4207 (1980 Series),_ a resolution of the Council of the City of San Luis Obispo confirming-satisfaction of liens upon real property parcels for.weed.abatement costs. Passed and adopted on.the following roll call vote: AYES: Councilmembers Dunin, Munger,. Billig, Bond and Mayor Cooper NOES: None ABSENT: None C-4 On motion of Councilman Dunin, seconded by Councilman Munger,•,.claim against•the city Arthur.G..Rosas, 1O.West Alisal Street, Salinas, in the amount -of $100,000.for alleged injuries sustained when claimant was hit by car driven by a city employee was denied. Motion carried. B -1 City Clerk reported on.the following bid-received for Greta Place Sewerline, City Plan No. D -25, Engineer's Estimate: $129537.00 without - contingencies. Fred Julien & Associates 4725 Santa Fe Road SLO 93401 $20,478.00 Wayne Peterson,.. City:. Engineer, stated that the.only bid received for the project was.67% over -the engineer's estimate. He had .reviewed the estimate . and talked to three: contractors who intended to submit bids but did not. They indicated that the timing on the.-bid opening occurring immediately after a long holiday weekend.made.it difficult for them to obtain material estimates from their.suppliers. Therefore, the City Engineer-recommended that ._the job not:be awarded and the all bids.be•.rejected, and that the City Council authorize staff to readvertise as soon as possible. On motion-of Councilwoman Billig, seconded.by Councilman-Dunin, that all bids be rejected and the staff authorized to.rebid as soon as possible. Motion carried. At 5:35 p.m.;-Mayor Cooper.called an-Executive Session. At 5:45 p.m., -the City Council reconvened in.regular.session.. All- councilmembers present., Mayor.Cooper adjourned the meeting.at 5:45 p.m. to-7:30 p.m. Tuesday, July 15, .1980. COUNCIL APPROVED MINUTES.ON: 8/5/80 J;pTrtzpatrick, City Clerk City Council Minutes July 15, 1980 - 7:30 p.m. Page 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 15, 1980 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Invocation by Reverend Jack Springer, Presbyterian Church of San Luis Obispo Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Gerald Munger and Mayor Cooper ABSENT: None City Staff PRESENT: Lee Walton, Administrative Officer; George Thacher, City Attorney, Geoff Grote, Assistant City Attorney; J.H. Fitzpatrick, City Clerk; Ken Bruce, Senior Planner; Wayne Peterson, City Engineer; Roger Neuman, Police Chief 11. City Council held a public hearing on the request from Sonic Cable TV for a rate increase of its cable service to users in the City of San Luis Obispo. Geoff Grote, Assist. City Attorney and Assist. to the Administrative Officer, reported to the council on meetings he has held with representatives from the other cities in the county that have franchises with the Sonic Cable TV company who are also being asked for rate increases. He stated it was the opinion of the Administrative Officers who reviewed this program that the best approach would be for all of the cities to get together and retain a special cable television consultant who would be able to handle the study for all of the cities involved which would include the review of the financial data of the company, operating costs, etc. He felt this would be the fairest way as the city staff did not have the time and /or the expertise to really review the cable television operation other than financial documentations submitted by the company. Bill Hargens, Sonic TV, reviewed the request of Sonic'TV for rate increase within the City of San Luis Obispo. He continued that the cable television rates had not been increased within the city since early 1974 and that since that time, inflation, labor costs, material costs and moter vehicle expenses have gone up many time. Therefore, it was their feeling that a basic subscriber rate of $8.00 per month was the minimum rate necessary to produce acceptable revenue requirements for their company. He then submitted for the council's information revenue and expense forecasts for the Fiscal Year 1980 -819 1979 -80, 1978 -79, and also a list of connection charges as they would like to have them amended. He continued that under their new proposal, the equipment deposit that has been collected at the time of installation and refunded to the customer after discontinuance of cable television service would be scrapped. On the proposed rate schedule the equipment deposit would be eliminated and an installation charge substituted therefore. For those subscribers who paid the deposit and have no past due balance, the full amount of the deposit would be credited to their accounts. For those subscribers with a past due balance, the deposit would be credited to such past due balances and the difference credited to their accounts. Credits would be accomplished over a five month period at a rate of approximately 20% per month. 1 1 �I City.Council Minutes July 15, 1980 - 7:30 p.m. Page 2 Mr. Hargens.then stated he would be available to.answer.questions of the City Council dealing.with the requested.rate.increase. Enrico:Bongio, 2375 Sierra -Way, questioned.the.figures - presented by Sonic TV and hoped-that-.the City Council would not use their figures but get some additional figures. ' Joan.Stalnaker.wanted to know .if.the.original.deposit.would ever be returned Arthur Hawthorne, Cuesta.Drive; asked why was KQED done so poorly on the cable. Larson,.2324 La Quenta,,wanted.to know what additional service would be provided with an increase in rate. Olga Martin,-San Luis Obispo resident,_opposed.:.the rate.increase due to. people on,fi.xed.income.such.as senior.-citizens. She felt that they were treated bad enough. Mr. Hargens.answered: 1) new.rate structure would include refund.on all deposits to.all:subscribers within five months; 2) he felt the KQED problem involved .a common.carrier microwave.company over which Sonic TV had no control although..they..do constantly.ask for better service; 3) he felt that new services planned on.being.presented were a 24 -hour news station and a 24 -hour sports network; 4) that Sonic.accepted all night.and weekend calls by an answering service. Sonic has,TV technicians on duty. from 5 p.m. to 8 a.m. .daily and -on weekends to handle trouble.calls.so.the company would discuss with the answering service the.problem on.getting these.calls to the technicians; 5) he .answered that the figures presented were figures from the company books for application, but that-their-books-were available for-inspection by the city or anyone hired by the city to. make a study. Also. he felt that 30- channels. were needed for future growth of the.system over the next 10 -20 years. Mayor• Cooper .declared.the.public.hearing closed. _Councilman.Bond.stated he felt before any rates could be increased, he-wanted a study of the figures by staff, not a consultant. He opposed the constant hiring of outside consultants.to do.work:in.the city: Councilman Munger felt.that..all figures should be checked. He felt.an independent..analysis by a TV .specialists was needed.. He agreed -that Sonic TV Company was entitled to a rate incrased, but only'an expert analysis could make that determination. _Councilman Dun in..agreed:.that_Sonic:.TV .was.entitled.to..a raise in fees but he did not feel.the.council.could do-it-at-this time.. He felt the .,city staff ...really could. not competently:,prepare_a.rate• study. He.would lean toward obtaining a TV:rate:specialist,to make-the-rate-study for the council's consideration hopefully with other cities. Councilwoman Billigfel_t that Sonic TV.was.entitled to a rate increase when the last rate increase was in 1974. But, she felt that the.�city should retain an independent specialist to review the requested rate increase. She felt that a joint-study by all concerned cities might be fair to both the city and to the cable company. Mayor :Cooper..f Olt .that the. °,,.de= reguiat�94:- :.suggested by Sonic TV,was wrong. He felt that the city-should proceed with an-independent-,study of.the: rate request by ' Sonic TV. He felt that study should not be done by staff - d-icho.iise. Lee . Walton,- C.A:O:,.felt the.city:does:.not have expertise in.this.field. He felt the city should proceed with an independent study. by an expert'to give a report the council could rely on.` Geoff Grote felt that an independent study by.a specialist was needed and he felt some of the.other cities might..change.their mind and pay part of the rate study if-the city was to proceed. City Council Minutes July 15, 1980 - 7:30 p.m. Page 3 On motion of Councilman Bond, seconded by Councilwoman Billig that the matter be referred to the city staff for appropriate analysis and recommendation. Motion carried. All Ayes. 12. City Council held a public hearing to consider the recommendation of the Planning Commission to rezone 1107 and 1111 Foothill Blvd, and 28, 30 and 40 Casa Street from PO to R -4; city- initiated rezoning (CR 0863). ' Glen Matteson, Assistant Planner, stated that in May 1980, the council approved a General Plan amendment an initiated the rezoning as part of a program to preserve residential areas which had nonresidential zoning. At the meeting of June 25, 1980, the Planning Commission voted 3 -1 (3 absent) to recommend rezoning a smaller area than originally proposed, as shown on the maps. The majority of commissioners present decided the property at 1045 Foothill Blvd. should remain PO since the owner of adjacent of property expressed a desire to someday replace the existing residences with medical offices andthat it would not make sense to have 1025 Foothill, the only residential zoned lot on the block, so it too should remain an office. Further, it was recommended that the council initiate another amendment to the general plan to change the designation of this area back to office. Mayor Cooper declared the public hearing open. No appeared before the City Council for or against the proposed rezoning. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the recommendation of the Planning Commission for a smaller area. Councilwoman Billig stated she would support rezoning of both side of Casa Street and Foothill Boulevard to R -4 as was previously done under the General P� hearings. Councilman Bond stated he would support the Planning Commission's new recommendation. Councilman Munger stated he too would support the new recommendation of the Planning Commission. On motion of Councilman Bond, seconded by Councilman Munger, the following ordinance was introduced: Ordinance -No. 861 (1980 Series), an ordinance of the City of San Luis Obispo amending the Official Zone Map of the City (to rezone property at 28 -49 (even) Casa Street and 1107 -1111 (odd) Foothill Boulevard). Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Munger, Dunin and Mayor Cooper NOES: Councilwoman Billig ABSENT: None Councilmember Billig stated that she voted against the ordinance as she disagreed with the reaons given by the Planning Commission for reducing the size of the recommended zoning. ' 13. City Council held a public hearing to consider the recommendation of the Planning Commission to rezone the southerly side of Pismo Street between Morro and Chorro Streets from R -3 to R -4 and 1401 Chorro Street and 783 Pismo Street from PO to R -4; city- initiated rezoning (CR 0864). City Council Minutes July 15, 1980 - 7:30 pm Page 4 Glen Matteson, Assistant Planner, stated that in May the Council approved a general plan amendment and initiated this rezoning as part of the program to preserve residential areas which had nonresidential zoning. On June 25, 1980, the Planning Commission voated 3 -0 (4 absent) to recommend approval of the zoning. Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the proposed zoning. Mayor Cooper declared the public hearing closed. Councilman Bond stated he would support the Planning Commission's new recommendation. Councilman Munger agreed and would support the Planning Commission's recommendation. Councilman Dunin stated he too would support the Planning Commission's recommendation. Councilwoman Billig felt that the recommendation was wrong and that the Planning Commission and City Council should be zoning property to what its predominantly existing use was at the time of zoning. But with existing use primarily R -2, she might support R -3, but never R -4. She also felt that a member of the Planning Commission who has an interest in property in this general area, voted on this rezoning which might be to his advantage and she felt this was a conflict and should be looked into. On motion of Councilman Munger, seconded by Mayor Cooper, the following ordinance was introduced: Ordinance No. 860 (1980 Series), and ordinance of the City of San Luis Obispo amending the official zone map of the city (to rezone property at 1401 Chorro Street and 783 -895 Pismo Street), to R -4. ' Introduced and passed to print on the following roll call vote: AYES: Councilman Munger, Mayor Cooper and Councilman Bond NOES: Councilmembers Billig and Dunin ABSENT: None Councilman Bond suggested that if anyone had any reason to question actions by the Planning Commission members with a possible conflict, that the name should be submitted to the City Attorney so he could investigate this allegation. 14. City Council held a public hearing to consider a recommendation of the Planning Commission to approve tentative map for Tract No. 915 to create a 14 -lot industrial subdivision at 3570 Sacramento Drive, M zone; John A. Robison, subdivider. Ken Bruce, Senior Planner, stated that the Planning Commission, on a 3 -1 vote, recommended that the City Council adopt the draft resolution granting approval of the tentative map for Tract No. 915 with a negative declaration on environmental impact and subject to eight findings and six conditions established by the Planning Commission. Councilwoman Billig asked the Planning and Engineering staff if they had any problems with this proposed development. Ken Bruce answered yes; the staff had several reservations. He stated that the subdivider proposed an industrial subdivision of 14 lots, with lot sizes from 10,000 to 19,00 sqare feet, which complies with minimum subdivision ordinance requirements. But the site is bisected by an 80 -foot wide easement for overhead power transmission lines, the main Morro Bay -San Luis Obispo supply lines. Construction of buildings and permanent storage of flammable or conductive materials is prohibited within the easement. Landscaping would be limited to low- growing materials. Temporary vehicle parking would also be allowed, but no vehicle storage. Installation of a public street would also be allowed. City Council Minutes July 15, 1980 - 7:30 p.m. Page 5 He continued that the easement restrictions-affect the use of 65% of the area of proposed lots 1 thru 7. The council may wish to consider whether this allows for efficient use and development of these lots. He concluded by saying the staff did not support the design of the subdivision and questioned if the required findings could be made: That the site was physically suitable for the density of development. t That the design of the subdivision or the type of improvements are not likely to cause public health problems. That the design of the subdivision or the type of improvements would not conflict with easements, for access through or use of property within the proposed subdivision. For the council's information, Ken Bruce submitted several examples that were presented to the Planning Commission in order to use this land more advantageously for the developer. Mayor Cooper declared the public hearing open. Leonard Lenger, surveyor for John Robison, stated that he and the owner felt that the proposal they made and submitted was adequate for devleopment. Also they felt the overhead powerline easement was no problem because the area under the powerline could be used for parking, landscaping, etc. The lots were large enough for adequate buildings. He also objected to the Planning Commission's condition No. 6 "subdivider shall install storm drainage improvements to the approval of City Engineer." Leonard Lenger continued and urged that the City Council support the Planning Commission and eliminate the condition as submitted _- Mayor Cooper declared the public hearing closed. Ken Bruce, Senior Planner, again reviewed the two alternate layouts for ' the developer. John Robison, developer, stated he is not interested in any of the proposals submitted by city staff for development of his land. He does not feel they are worth considering. He stated that he has put a proposal before the city that meets all city requirements and conditions and would like to proceed. He felt small lots with parking under powerline was satisfactory to him and to potential purchasers. Councilman Dunin stated that the powerlines and their easements were a concern for him. He wanted to see the road under the powerlines if possible and not used for parking. He would reluctantly support the Planning Commission's recommendation on the matter. Wayne Peterson, City Engineer, did not feel the proposal was adequate as the south tier of lots of lots would have too much parking under the powerline for the size of the usable lot. He felt also that all drainage in the industrial tract should be underground in culverts for a number of reasons: 1) Usable land 2) City maintenance problems 3) Flood control Councilwoman Billig stated she felt this was a poor design, was difficult for the developer and was totally unacceptable to her. She felt that the design was incompatible with the PG &E easement. She hoped the property owner would redesign and make better use of land. She could never support the recommendation. Councilman Bond stated that the PG &E easement disturbed him and wondered if a new design could be developed to take advantage of the land uses. City Council Minutes July 15, 1980 - 7:30 p.m. Page 6 Councilman Munger this was a problem site what with the powerline easement, etc. Although he would support the Planning Commission recommedation as possibly a best solution to the difficult land. He would also agree with conditions established by the Planning Commission on drainage.. He would support the Planning Commission recommendations and conditions. Mayor Cooper felt this was a difficult parcel to develop due to the powerlines. He felt the land under the powerlines had limited uses. He would also support the recommendation of the Planning Commission including the paving of one ' half of Sacramento Street. On motion of Councilman Munger, seconded by Mayor Cooper, the following resolution was introduced: Resolution No. 4208 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 915 located at 3570 Sacramento Drive. Passed and adopted on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Bond and Dunin NOES: Councilwoman Billig ABSENT: None At 9:10 p.m., the City Council called a recess. At 9:25 p.m. the meeting reconvened with all councilmembers present. 15. City Council held a public hearing on a recommendation of the Planning Commission-to approve the tentative map for Minor Subdivision No. 80 -48 to adjust lot line between two lots located at 626 Broad and 651 Chorro Streets, R -4 zone; Joseph Stauch and M.P.-Limited, subdividers. Ken Bruce, Senior Planner, stated that the subdivider wished to adjust the lot line between two irregularly shaped parcels. The proposed adjustment would transfer about 1200 square feet from Parcel B to Parcel A. Parcel ' B is developed with an apartment building and parking lot, but the land it will lose is unimproved. Parcel A is the site of Tract 886, a 13 -unit condominium subdivision recently approved by the city. The lot line adjustment would provide additional room for the approved project's required parking or for an alternate development scheme. The existing apartment development on Parcel B would still comply with all zoning ordinance requirements after the lot line adjustment, including the R -4 density limit. Fees and improvements normally required for a parcel map would be collected when Parcel A is developed or the final map for Tract 886 is filed. He recommended that the City Council accept the recommendation of the Planning Commission approving the tentative map subject to the five established conditions. Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the tentative map. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the Planning Commission's recommendation with conditions as established. Concilwoman Billig stated she too would support the Planning Commissions recommendations including the conditions. Councilman Bond stated he would support the Planning Commission's recommendation. Councilman Munger stated he too would support the Planning Commission's recommendation. On motion of Councilman Munger, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4 09 (1980 Series), a resolution of the approval of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision 80 -48 located at 626 Broad Street and 651 Chorro St. Passed and adopted on the following roll call vote: City Council Minutes July 15, 1980 - 7:30 p.m. Page 7 AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None I 16A. City Council held a public hearing to- consider an appeal by Cuesta Valley Properties of a decision by the Planning Commission to deny the tentative map for Minor Subdivision 80 -29, to create 4 lots from one lot located at 565 Hill Street, R -1, R -1 -S, A /C -20 zones. Ken Bruce, Senior Planner, asked the City Council if they could consider both parts of 16: A that just was read; and also include B. The City Council approved the request. City Clerk announced that 16B was a public hearing to consider an appeal by Cuesta Valley Properties of a decision by the Planning Commission to deny use permit U0853, to allow a 4 -lot residential subdivision at 565 Hill Street, R -1 -S zone. Ken Bruce stated that on June 25, 1980, the Planning Commission technically denied the tentative map on a 3 -1 vote to approve. In order to approve the map, variances t the subdivision regulations were required. Pursuant to the commission's by -laws, four affirmative votes are required to approve a variance. Hence the entire minor subdivision request was denied. The subdivider was appealing this denial to the City Council. Further, he stated that the staff recommended that the appeal be supported and that the tentative map for Minor Subdivision No. 80 -29 be approved subjec� to two lots being created instead of four lots, and subjects to findings, variances, and condition recommended by a majority of the Planning Commission and concurrence with a negative declaration on environmental impact. He then reviewed the eight findings of the Planning Commission, the three variances and their findings, and the eight conditions of approval. Mayor Cooper declared the public hearing open. Jonathan Lindenthaler, Engineer for Cuesta Valley Properties, reviewed the history of the proposed development starting with the 21 -lot development to the present 4 -lot development on one 4 -1/2 acre parcel. He reviewed the proposed drainage problems, solutions, etc. Herb Miles, 630 Lincoln Street, suggested that further environmental studies should be made, particularly in wet weather. Dr. B. Anthony, Hill Street, opposed development of this protion of San Luis Mountain due to drainage problems, erosion, traffic, etc. He felt that the development would bring traffic which would damage the environment to this fragile area of San Luis Obispo. Tom Schumann felt that city officials should take a look at the entire parcel and not allow a piece -meal development. He also felt that the hillside should be protected. A. Anthony, Hill Street, opposed to hillside development due to drainage and erosion problems. He felt this was a unique parcel of land and should not be developed. Louise Marquart, De1Sur Way, was opposed to the development due to unknown geological formations which could cause erosion and drainage problems to the neighborhood. She felt it was a poor development as proposed. City Council Minutes July 15, 1980 - 7:30 p.m. Page 8 Diane Jefferson, Citizens Advisory Committee, appeared on behalf of the committee who filed a bill of particulars on the council urging council to adopt a master plan which would protect open space and the hillsides. Tom Rice, 500 Mountain View, objected to the concentration of housing of small lots of this face of San Luis Mountain which would cause more erosion and drainage problems. He felt that his own 7 acre lot was a minimum for one house in order to avoid erosion and drainage problems. ' Lawrence Field, Alta Street, was disturbed with the need for citizens to constantly come before the council to protect San Luis Obispo from further environmental depredation. He urged before anything is allowed on this property that an approved master plan be developed for the entire mountain. He offered $1,000 to start a fund to purchase the mountain and prohibit development on San Luis Mountain. Mrs. S.L. Barn stated she loved San Luis Obispo and felt its beauty was God - given and urged the protection for all the people of the city. Ken Evans explained the hydrological projections to city water system if this development was allowed. He also stated that two sewer pumps would be needed to support this development. Stark Jenkins, Buena Vista, felt that drainage was the key issue here. He felt the council should be aware of this problem. Marge Johnson was opposed to the development. She felt the City Council should protect San Luis Obispo from all of San Luis Obispo people. Clyde Hostetter worried about the drainage from this development. He also felt that San Luis Mountain was a fine asset to the city and should be ' portected. He felt that this proposal would destroy the face of San Luis Mountain. Martha Stewart, Islay Street, was disturbed at drainage problems this development would start. She hoped the city would look into it very carefully. Connie Hendricks opposed to development of springs for domestic uses in these new housing areas. Johnathan Lindenthaler reviewed with the council some of the concerns during the public testimony such as: 1) master plan; 2) additional E.I.R. preparation; 3) complete geological studies submitted to the city; 4) grading to be kept to a minimum for roads; 4) retaining walls to be kept to a minimum; 5) soils engineering should be worked out with the building department, etc. He felt he and the property owner have tried to be much aware of the environmental effect this development would have. Bob Wolf, Chairman of the Citizens Advisory Committee, reminded the City Council that on November 30, 1979, the Citizens Advisory Committee forwarded to the City Council Resolution No. 79 -3 urging the Council to establish guidelines for hillside developments within the city. He stated that the CAC felt that the problems of hillside development are continuing ones as evidenced by the Cuesta Properties proposal for development on San Luis Mountain. He stated that the CAC again encouraged the City Council to take prompt action on developing guidelines so both the developer and citizens' interests would be protected. Councilman Munger felt that many of the concerns of the people this evening were important, particularly the need for the people to purchase these open spaces for preservation for all the people. Also, he felt that concerns for drainage was a real one and should be answered. He also felt that this development was in a very sensitive area and he would support the appeal of the Planning Commission for a 4 -lot subdivision. City Council Minutes July 15, 1980 - 7:30 p.m. Page 9 Councilman Dunin felt that the proposal for the public to buy all the mountain was a good idea but no one had come forward to lead the program for tuition. He also felt the property owner has the right to develop his land within controls developed by the city. Finally he stated that as far as he was concerned, he did not feel that potential drainage and erosion had been adequately answered, and more information was needed. He felt the development would be under existing adopted hillside standards of the city. He also felt that the water supply for this area was inadequate. He felt that the geological concerns had been answered in the E.I.R. He would support this zoning to R -1 -S or R -1 -PD so that public would know what was being planned for development. Councilwoman Billig stated she felt the council should share the publics' concern for the development of San Luis Obispo Mountain such as drainage, erosion, fire, etc. While she agreed with the purchase of the hills was a good idea, but she believed the council must consider the proposal as presented from the Planning Commission. She stated she had a serious concern on the proposed development, particularly the finding needed to approve the variances recommended by the Planning Commission. She felt she could not support these findings. Also she did not feel that she could make the necessary findings required by law for approval. She would deny the appeal. Councilman Bond felt the appeal should have been to the Planning Commission and not to the City Council. He felt this site was not suitable for develop- ment and would deny the appeal. Mayor Cooper stated he felt Dr. Field's offer was the first positive step to protect the mountains, but tools are available now and he hoped the people would support Dr. Field's proposal. He would support the appeal subject to all conditions of the Planning Commission. On motion of Councilwoman Billig, seconded by Councilman Bond, that the City Council deny the appeal and tentative tract map No. 80 -29, based on the public input at the public hearing. Motion lost on the following roll call vote: AYES: Councilmembers Billig and Bond NOES: Councilmembers Dunin, Munger and Mayor Cooper ABSENT: None None Councilman Munger moved that the City Council support the appeal subject to the conditions established by the Planning Commission and the use permit. Motion lost for the lack of a second. On motion of Councilwoman Billig, seconded by Councilman Bond, that the City Council deny the tract map and appeal. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Bond, and Dunin NOES: Councilman Munger and Mayor Cooper ABSENT: None On motion of Councilwoman Billig, seconded by Councilman Bond, that the City Council deny the use permit to allow a 4 -lot subdivision at the south end of existing Hill Street. Motion carried on the following roll call vote: 1 1 City Council Minutes July 15, 1980 - 7:30 p.m. Page 10 AYES: Councilmembers.Billig,.Bond and Dunin NOES: '-Councilman Munger and Mayor Cooper ABSENT: None Councilwoman:Billig: felt -that -the real issue was not the development, but. ' the overall-concern for the protection-of the mountain.. She.felt the . city must give direction to.all property owners of San Luis Mountain of.what they could do.with their property. One option would be for the city.to enter into some type of a development agreement with the property owners so that before anything was done, full disclosure of what was being done on the property would be a matter of.-record. She gave examples of what these.agreement could cover. The seconeY option would be to rezone the property in the way the City Council wishes to protect the mountain in accordance with the publics' desires. Councilman Dunin.felt•.that the property owners should not leave the.meeting with the feeling- that.he Could not develop his land. He would like to zone the land to an R -1 -S or.and R -1 -PD. City Council then-held a long'.discussion..on . the.best approach io control' development on San Luis Mountain with the-cooperation of property owners, etc. After discussion, Mayor Cooper appointed Councilmembers Mungers and Billig to a subcommittee to meet -and discuss with the property owners standards for future development of San Luis Mountain. 17. City.Council.held a.:public hearing to consider the 1980 -1981 Federal Revenue Sharing Fund-portion of the.city, budget .'' Lee Walton, City Administrative Officer report the estimated $225,000 in ' revenue sharing were - allocated to the capital.improvement.projects as the city did7not know what :.was going to happen to revenue sharing in the congress. Mayor Cooper declared the public.hearing open. .No..one appeared before the City Council for or:against the budget items. Mayor Cooper. declared the - public hearing closed. On motion of-Councilwoman Billig;. seconded by Councilman: Bond the City Council approved the proposed expenditure revenue sharing in the 1980 41 budget. Motion carried. 18. Mayor Cooper and Vice -Mayor Dunin left the meeting due to a possible conflict of .interest. Councilman Bond.presiding. 'City-Council held.a public hearing to consider.the final.map for Minor Subdivision 80- 70.located at 2800 Johnson Avene and 2785-Flora Street, and also a request from the subdivider of Tract No. 827 to amend a condition to approve the tentative maps to allow multiple final maps to be.filed. . Ken Bruce;_Senior Planner, stated that,the "subdivider of Tract-827-requested that the approved tentative map be.amended to allow the filing of multiple final maps. He.continued.that the tentative tract map was approved on October 16, 1979, subject-to 12 conditions. The tentative map would create a new 14- lot residential subdivision on a 3.3 acre site fronting on Johnson Avenue and adjust a lot line between the subject site'and an existing lot developed with a..house fronting on Flora Street. The existing developed lot was known as. "lot 15" on the approved tentative map. When the tentative map was approved, it was anticipated only one final map would be filed.reflecting _ the.:new_14.lots and the lot line'adjustmerit.. The property owners now wished to...file. two final maps: -= one..to adjust the lot line and one for the 14 lots. Ken Bruce stated the staff had no problems with the procedure. However,:the tentative map approved must be amended to.allow multiple final maps.• :Therefore, the staff.-recommended council approval with a resolution to approve.that the.final map be amended.by adding condition no. 13 which would read as follows: City Council Minutes July 15, 1980 - 7:30 p.m. Page 11 "Phasing shall be permitted and multiple final maps may be filed." Councilman Bond declared the public hearing open. Leonard Lenger, surveyor, appeared before the City Council to answer any questions the City Council had. ' Jonathan Lindenthaler, property owner, explained the reasons for the lot line adjustment. Councilman Bond declared the public hearing closed. Councilwoman Billig stated she would support the proposal for the lot line adjustment and also amend the conditions to allow multiple final map filing. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4214 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map for Minor Subidivision SLO 80 -70, being Phase I of Tract 827, located at 2785 Flora Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger and Bond ABSENT: Councilman Dunin and Mayor Cooper Mayor Cooper and Councilman Dunin then returned to the meeting. 19. City Council considered final passage of Ordinance No. 858, an ordinance amending various provisions of Article 9, Chapter 7 of the San Luis Obispo Municipal Code, "Sign Regulations ". Mayor Cooper declared the public hearing open. No one appeared before the , City Council for or against the proposed sign ordinance amendments. Mayor Cooper declared the public hearing closed. On motion of Councilman Bond, seconded by Councilman Dunin, Ordinance 858 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper NOES: None ABSENT: None 20. City Council considered a request of the Planning Commission for council clarification how they wish the public hearing process should be handled on county referral matters. Terry Sanville, Senior Planner, stated that the problem arose in the 1977 General Plan that says the city should hold public hearings to review projects referred by the county. According to the attorney's office, public hearings are required for all county projects located within the city's urban reserve line. The city has never held this type of public hearing. The Planning Commission wanted to know whether they should schedule hearings or whether some other approach was more appropriate. The Planning Commission recommended that the council should review the general ' plan policies and tell the Planning Commission how the public hearing process should be handled. The city adopted a new general plan in 1977. The plan report contains a policy that outlines a city /county referral procedure. Geoff Grote, Assistant City Attorney, submitted an opinion on this matter. At the time the general plan was adopted, the City Council felt the plan should be sent to the county and the county should adopt it. This has never happened. As an alternative, the council decided that the county proceed with the development CIty Council Minutes Page 12 • . July 15, 1980. - 7:30 p.m. of its own.land use.element. The city would then encourage the county to incorporate.the city's planning.ideas.into.the county plan. Public-hearings on county referral.items.were never held since-it-was assumed that.the policy was not in effect unless adopted by both the city and the county. However, reading the policy literally, it does bind the city to hold public..hearings for certain referral.pro;jects. The City Attorney's office has identified four different ways of dealing with this issue. The staff is willing to go along with any alternatives decided by the council. He continued that the City Council had four.options: 1) Hearings on proposals.within the ur by the City Council 2) Public hearings.on proposals within by the Planning Commission.. 3) Public hearings.may be conducted by the City Council to perform this function. of the staff. )an reserve may be conducted .the urban reserve may be conducted a "hearing officer ".designated by . This hearing officer may be a member 4) Anyone of these methods maybe selected as an interim solution pending a general plan amendment which would remove this language from the. general plan. Either.the City Council or the Planning Commission may initiate a general plan amendment which would be heard in September of this year pursuant to Municipal Code Sections. Councilman Dunin stated he felt.that a public hearing should be held before the Planning Commission on all county referrals with information to the council on their actions. Councilwoman Billig felt that all.public.hearings.on.county referrals should be held before the Planning. Commission, par.ticularly.those. within the urban reserve line and that this policy could be reviewed.in.six months.to see the workload on the Planning Commission. Councilman Bond agreed.that.the hearings should be before the Planning:Commission. Concilman Munger agreed that.all hearings on county referrals shoud be before the Planning Commission. Mayor Cooper suggested that possibly a hearing officer could be appointed to relieve the.Planning Commission.of this time - consuming chore. He felt that the Planning Commission had enough to do at this time. Leonard Lenger suggested the city.should appoint a hearing officer-in order to meet the minimum deadlines of the county_ land use plan for .a recommendation from the council. On motion of Councilman Dunin, seconded by Councilman Bond,_.that the.City Council designate the Planning Commission to hear all county.referrals for a six month period.for review and also, initiate.a general plan amendment to delete the hearing requirements. Motion carried. All Ayes.. There being no further business.to come before the City Council, Mayor Cooper adjourned the meeting at 12:10 a.m. to Monday., July 21, 1980, at 12 noon. COUNCIL APPROVED MINUTES ON: 8/5/80 1 J.Yrilzpatrick, City Clerk .