MINUTES OF THE JOINT MEETING OF THE
SAN JOSÉ CITY COUNCIL, SAN JOSÉ REDEVELOPMENT AGENCY BOARD
AND THE SANTA CLARA VALLEY WATER DISRICT BOARD
SAN JOSE, CALIFORNIA TUESDAY,
JANUARY 21, 2003
The Council of the City of San José convened in Special Session at 10:35 a.m., pursuant to notice of special meeting, in Council Chambers at City Hall, for a joint meeting with the San José Redevelopment Agency Board, and the Santa Clara Valley Water District Board of Directors.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Present: SCVWD Board - Directors Estremera, Kamei, Santos, Wilson, Zlotnick; Sanchez.
Absent: SCVWD Board - Director Judge.
2. Annual Status Report on cooperative efforts between the City of San José and the Santa Clara Valley Water District.
(a) Acceptance of the Annual Status Report on cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District).
(b) Acceptance of the recommendations of the South Bay Water Recycling (SBWR) Collaborative Effort and direct staff to provide a detailed analysis and present specific recommendations on the following proposals by December 2003:
(1) The needs, opportunities, and costs to enhance water quality to maximize the uses of recycled water in Santa Clara County:
(2) A framework and description of the institutional and financial requirements, and commitment requirements for the City and District for:
(a) A new, independent Joint Powers Authority that would own and operate the SBWR system, and
(b) A long-term comprehensive agreement between the Treatment Plant Joint Powers Authority (JPA) and the District related to operation of the SBWR system.
(3) Comparison of these two alternatives to the status quo clearly delineating advantages and disadvantages of each.
(c) Execute the Collaborative Action Plan and Agreement between the City of San José and the Santa Clara Valley Water District for the Development and Operation of Joint Trail Projects.
2. Annual Status Report on cooperative
efforts between the City of San José and the Santa Clara Valley Water District.
(Cont’d.)
(d) Endorse the Use of a Master Maintenance Permit issued by the District to the City to allow the City to more efficiently plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways.
(e) Approve continued participation in the Watershed Management Initiative and direct staff to report as necessary on any actions recommended by the WMI, including any budget implications associated with such actions.
(f) Direct staff to track the collaborative process that has been initiated for resolution of the issues related to the proposed Water Resources Protection Ordinance and to report back as necessary for direction on unresolved issues.
(g) Approval of the first amendment to the agreement between the Redevelopment Agency of the City of San Jose, the City of San Jose, and the Santa Clara Valley Water District for sharing of costs and other rights and obligations in connection with the construction of improvements by the US Army Corps of Engineers on the Guadalupe River, establishing the Agency’s total project contribution at $15,426,800 which includes previous payments of $5,126,800 towards its design and construction of recreational betterments, and clarifying the City’s responsibility for conveyance of easements required for the project and payment for associated hazardous waste clean up costs. (City Manager's Office/Redevelopment Agency)
CEQA: Not a Project. (City of San José/Santa Clara Valley Water District)
Documents Filed: (1) Memorandum and
Status Report from City Manager Del Borgsdorf, and Chief Executive Officer
Stanley Williams of Santa Clara Valley Water District (SCVWD), dated December
20, 2002, recommending acceptance of the Annual Status Report on cooperative
efforts between the City of San José and SCVWD and accept recommendations as
specified: (a) The needs, opportunities and costs to enchance water quality to
maximize the uses of recycled water in Santa Clara County. (b) A framework and
description of the institutional and financial requirements, and commitment
requirements for the City and District for a new, independent Joint Powers
Authority that would own and operate the SBWR system, and a long term
comprehensive agreement between the Treatment Plant Joint Powers Authority and
the District related to operation of the SBWR system. (c) Execute the Collaborative
Action Plan and Agreement between the City of San José and the Santa Clara
Valley Water District for the Development and Operation of Joint Trail
Projects. (d) Endorse the use of a Master Maintenance Permit issued by the
District to the City to allow the City to more effectively plan, schedule and
implement its maintenance and other related work activities within or adjacent
to the waterways. (e) Approve continued participation in the Watershed
Management Initiative and direct staff to report as necessary on any actions
recommended by the WMI, including any budget implications associated with such
actions. (f) Direct staff to track the collaborative process that has been
initiated for resolution of the issues related to the proposed Water Resources
Protection Ordinance and to report back as necessary for direction on
unresolved issues. (2) Memorandum from City Manager Del Borgsdorf and
Redevelopment Agency Executive Director Susan Shick, dated January 21, 2003,
recommending approval of the First Amendment to the agreement between the
Redevelopment Agency of the City of San Jose, the City of San Jose, and the
Santa Clara Valley Water District. (3) Memorandum and Status Report on
cooperative efforts between the City of San José and SCVWD from Director of
Parks, Recreation and Neighborhood Services Sara L. Hensley and Operating
Officer of SCVWD Beau Goldie, dated January 16, 2003, transmitting proposed
agreements and exhibits in their final form for review and approval and
recommending approval of the proposed Collaborative Action Plan and Agreement.
Discussion/Action: Mayor Gonzales stated
this is the second Joint Meeting of City of San José with the Santa Clara
Valley Water District (SCVWD). He stated last year was the first time these two
important agencies that impact the lives of so many people came together for a
common purpose, and over the past year, City and SCVWD Staff have been working
diligently to service the same people and protect the same environment. Mayor
Gonzales introduced City Manager Del Borgsdorf for a Staff presentation.
2 (b) Acceptance of the recommendations of the South Bay Water
Recycling (SBWR) Collaborative Effort and direct staff to provide a detailed
analysis and present specific recommendations on the following proposals by
December 2003.
City Manager Borgsdorf stated Staff has spent a year of work and was surprised at the number of places the interests of the City and SCVWD intersect. He stated the City performs work within creek boundaries, especially with storm water outfalls, from a recreational standpoint, trail development, and maintenance and both agencies have discovered extraordinary opportunities for collaboration. He stated there are development issues the City faces with land use, and joint interests intersect around the flood plain and management of the water shed, and City Staff has developed a thorough understanding of the places where daily operations intersect and will report on the progress made.
Chief Executive
Officer Stan Williams for SCVWD stated this is an important process for the
SCVWD to have an opportunity to continue to refine and define shared objectives
with the City, especially in areas where there are different ideas and
objectives, in avoiding duplication of efforts. Historically as a county wide
agency, he stated flood control responsibility was done through an ordinance,
and since the last time that ordinance was defined in 1983, other issues have
caused the District to redefine relationships, one was a hazardous materials
issue requiring all cities and the county to pass ordinances to protect the
groundwater basin from hazardous materials, and storm water issues necessitated
redefining relationships through memorandum agreements, that recycled water
issues required refinement of relationships with dischargers of treated water,
and there is a constant need for this kind of institutional examination of how
to serve the community as joint trustees.
Director Richard Santos on behalf of SCVWD presented a photograph to Vice Mayor Dando of her and former First Lady Barbara Bush taken at a recent dinner, and Vice Mayor Dando thanked Director Santos and the SCVWD for the gift.
Assistant City Manager Mark Linder outlined the joint efforts Staff was asked to undertake, and explained the presentation will focus on various actions pertaining to a recycled water project, the Guadalupe River project, and a water shed initiative.
Mayor Gonzales introduced District Assistant Operating Officer Melanie Richardson of the Water Supply Management Division, and Environmental Services Division Manager Mary Ellen Dick of City of San José who gave a slide presentation of the South Bay Recycling Collaborative effort.
Mayor Gonzales asked if it would take a year for SCVWD Staff to come back with the actual legislative format. Assistant Operating Officer Richardson stated Staff will investigate the other joint powers authorities who are official JPAs, bring the stakeholders back on a quarterly basis to determine if this is what is envisioned as a JPA, and consider what a long term agreement would be, such as the Orange County agreement. She stated there could be decisions at interim points which Staff will bring back, but Staff wants to make sure which of the two alternatives is agreed upon.
Director Larry Wilson stated
concerning the formation of a new independent JPA, creating another layer of
government was not a good idea, and preferred moving forward immediately with
the long term JPA-type agreement rather than consider a JPA organization.
Assistant
Operating Officer Richardson stated Staff can emphasize a long term agreement
as opposed to a JPA organization but will need to determine the commitments of
each agency, and the costs each agency is responsible for.
Director Greg Zlotnick stated the issues of defining responsibilities is legitimate, but is not sure another staffing mechanism is needed, which a JPA would require, that it takes time to develop that type of agreement and cover contingencies, but it would provide a better working relationship ultimately. He expressed concern that it took a year to come back with two options that will take another year to review and thought it could move faster. Relative to the potential benefits of recycled water, he stated the use of recycled water for potable re-use is not mentioned, noted it would be subject to the water quality issues which are number one on the list, and requested it be included on the laundry list of potential uses to be investigated. Referencing Page 17 of the report, he asked about the Silver Creek Pipeline project, if the grant of $4.6 million from the State Board is locked in, or will be lost in the budget problem in Sacramento, and if so, what is the implication of that. Division Manager Dick replied Staff has been tracking that money and because it is coming out of Proposition 13 money, all indications are that the money will be paid, and it cannot be redirected without coming back for major public action.
Responding to a question from Council Member Williams about standards for recycled water, Division Manager Dick stated the reason for using all the standards for the different kinds of waters and uses, and the stakeholder panels, is to ensure the interests and concerns of each type of stakeholder. She stated Staff would consider all good quality water that the public can accept, and if higher quality for certain uses are needed then different standards can be used, and noted that some agencies have up to eight different qualities of water supplied for different uses. Council Member Chavez stated the method chosen should be supported by both the City and SCVWD Staff, structured to facilitate teamwork, and inclusive of a methodology that is reflective of the past and future investments of each agency.
Council Member LeZotte stated in regard to the key conclusions of the collaborative effort and in order to maximize beneficial uses, improve public understanding and acceptance of the proper use of recycled water, she questioned waiting a year to select one of the two alternatives. Assistant Operating Officer Melanie Richardson stated as Staff reviews ways to judge what alternative institutional arrangement may be best in the long run, they would continue to move forward with public outreach, that the SBWR already has an ongoing information program, and as SCVWD finds additional opportunities, Staff will bring them back, including if necessary, budget implications, in quarterly reports.
Division Manager Dick stated primarily the City of San José and its partners have been responsible to date for outreach marketing efforts, and anticipated that will change if a JPA or a new agreement is adopted; the costs will be shared between the two, although the SCVWD will have a larger commitment.
Relative to the two institutional arrangements suggested, Council Member LeZotte asked what is the thought process with regard to moving forward with something other than a new JPA. Division Manager Dick replied that the collaborative effort started with multiple variations and moved to these two alternatives, which is an official JPA, or just a long term operating agreement between the two entities, which Orange County calls a Joint Powers Operating Agreement, but it is not a formal JPA, and Staff is evaluating those against the status quo. Director Kamei agreed with asking the respective Staffs to come back with quarterly reports, stated a year is a long time to wait before receiving any information, and regarding independent joint powers, stated action Item 3 on Page 5 mentions providing an analysis of the advantages and disadvantages of the two options, which should be investigated.
Mayor Gonzales suggested the City and the Water District take separate actions on each item, and supported the Staff recommendation to move forward with an analysis of both alternatives, and stated his preference would be for that to be performed in an expedited way, with Staff to come back at the first quarterly report, and determine how much time can be cut off the year long estimate.
Referencing
recommendations 7 and 5, Director Zlotnick stated he remains skeptical of
spending that much money to find out which alternative would achieve some of
the organizational and project management benefits.
Chief Executive Officer Alan Gardner of Great Oaks
Water Company addressed the City Council and the SCVWD Board and urged both
entities to take the one-year investigation period as recommended by Staff.
Upon motion by Vice Mayor Dando,
seconded by Council Member Yeager and unanimously carried, the recommendations
of the SBWR collaborative effort were accepted, with staff to report back
within 3 to 4 months outlining a proposal on the steps to take beyond what has
been outlined today. Vote: 11-0-0-0.
Upon motion by Director
Zlotnick, seconded by Director Estremera, and unanimously carried, the recommendations
of the SBWR collaborative effort was accepted in concurrence with Vice Mayor
Dando’s motion, including direction to SCVWD staff of the timeframe outlined in
3 to 4 months to bring back to the SCVWD Board the initial pros and cons of the
JPA or Memorandum of Understanding (MOU), at which time the joint bodies make a
decision of moving forward with one alternative and start with detailed
discussions. Vote: 6-0-1-0. Absent: Judge.
2(g) Approval
of the first amendment to the agreement between the Redevelopment Agency of the
City of San Jose, the City of San Jose, and the Santa Clara Valley Water
District for sharing of costs and other rights and obligations in connection
with the construction of improvements by the US Army Corps of Engineers on the Guadalupe
River, establishing the Agency’s total project contribution at $15,426,800
which includes previous payments of $5,126,800 towards its design and
construction of recreational betterments, and clarifying the City’s
responsibility for conveyance of easements required for the project and payment
for associated hazardous waste clean up costs. (City Manager's
Office/Redevelopment Agency)
District Assistant Operating Officer Dave Chesterman of the Watershed Management Division gave a slide update presentation on the downtown Guadalupe River project, a project the community will be proud of when completed on schedule and within budget. Redevelopment Program Manager Dennis Korabiak stated the Corps of Engineers is using this project as a plan for flood control, recreation and environmental protection as a national model for the rest of the United States, and a key feature in the cost sharing agreement is a cap on commitments of the Agency’s funds for the project. He stated in the next few months, Council will be receiving the Urban Design Policies for development along the Guadalupe River, developed by the Guadalupe River Task Force, and recommended proceeding with the joint proposal of the Water District and the City to seek compatible development along the river.
Upon motion by Director Estremera, seconded by Director Santos, and unanimously carried, the first amendment to the agreement between the San José Redevelopment Agency, the City of San José, and the Santa Clara Valley Water District, for sharing costs, and other rights and obligations associated with the Guadalupe River improvement project, was approved. Vote: 6-0-1-0. Absent: Judge.
Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the first amendment to the agreement between the San José Redevelopment Agency, the City of San José, and the Santa Clara Valley Water District, for sharing costs, and other rights and obligations associated with the Guadalupe River improvement project, was approved. Vote: 11-0-0-0.
Mayor Gonzales called for public testimony. Kathleen Muller presented the City Council and the Santa Clara Valley Water District Board Members with a book entitled “Life Along the Guadalupe River” by the Friends of Guadalupe River Park & Gardens to acknowledge the leadership on the flood protection project and the river park.
2 (e) Approve continued participation in the Watershed Management
Initiative and direct staff to report as necessary on any actions recommended
by the WMI, including any budget implications associated with such actions.
Michael Stanley Jones of the Silicon Valley Toxic Coalition gave a slide presentation on the Watershed Management Initiative.
Upon motion by Vice Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, continued participation in the Watershed Management Initiative was approved, and Staff was directed to report back as necessary on any actions, including budget implications associated with such actions by the WMI. Vote: 11-0-0-0.
Upon motion by Director Zlotnick, seconded by Director Kamei, and unanimously carried, continued participation in the Watershed Management Initiative was approved, and Staff was directed to report back as necessary on any actions, including budget implications associated with such actions by the WMI. Vote: 6-0-1-0. Absent: Judge.
2 (c) Execute
the Collaborative Action Plan and Agreement between the City of San José and
the Santa Clara Valley Water District for the Development and Operation of
Joint Trail Projects.
Director of Parks, Recreation and Neighborhood Services Sara L. Hensley and Beau Goldie, Assistant Operating Officer of the SCVWD, gave a slide presentation on the status of the collaborative efforts between the City of San José and Santa Clara Valley Water District and on the proposed Collaborative Action Plan and Agreement between the City of San José and SCVWD for the development and operation of Joint Trails Projects.
Council Member Reed asked if Council will continue to receive quarterly status reports on the entire joint trail projects. Director Hensley replied Staff would provide quarterly reports and plan another meeting to start the joint trail-by-trail project planning and discuss funding and grant opportunities. Council Member Reed stated it has been over two years since the Master Plan was developed and over two years since there has been money to open new trails.
Council Member
Yeager stated the first trail has yet to be opened, and cited examples where
there are levees and people are already running on them; he inquired what was
needed in terms of paving, maintenance, security, timelines, and when can they
expect to receive progress reports. Director Hensley stated Staff wants to
establish projects together that maximize resources, and consider issues of
maintenance, available resources, signage, and enhancement of trails with water
shed improvements, benches, and seedings by a trail-by-trail review. She stated
Staff will check what is currently there, whether primitive, natural or paved trail,
and what are the priorities, making sure all resources available are used and
trails are completed in a more timely manner, reviewing grants, sponsorships,
and foundations, so trails can be completely built out and not just sections.
Assistant Operating Officer Goldie stated one of the key elements would be to
collaborate together on resources for more efficient usage.
Council Member Yeager asked if trails would be a top priority as Staff investigates the work needed, particularly capital projects along the Guadalupe river or creek. Assistant Operating Officer Goldie stated that SCVWD Staff will overlay all of the capital programs on top of the trails program to see where there are opportunities to open the trails in advance.
Director Wilson stated he
agrees with Council Member Yeager about temporary trails, particularly on that
section of the Guadalupe, where there are tremendous opportunities in that area
with the Alamitos Creek Trail and the Guadalupe Creek Trail on the other side.
Council Member Cortese
asked if the actual agreement was being adopted, and if so, stated the
attachments or addendums are not filled out with clear, legal descriptions of
which trail areas are considered. Assistant Operating Officer Goldie replied
that Staff was asking the Council and SCVWD Board to approve the Collaborative
Action Plan and Agreement, which is essentially the umbrella agreement, and the
Exhibit A form is not complete because all the features of the projects are not
known at this time, projects are at various stages, it is not feasible to do
all the trails under one Master agreement, and Staff will bring back quarterly
updates. He stated in June there will be schedules of all the various projects,
Staff will be moving forward on trails that are executed in advance, and in the
Collaborative Action Plan and Agreement, the City Council and SCVWD Directors
are giving the City Manager and Chief Executive Officer authorization to
execute those individual agreements.
Council Member Cortese
stated while he agrees the Administrative Staff needs to execute those
agreements, especially given everyone’s concern about time, urgency and the
fact that the two agencies cannot meet together on a regular basis; however,
regarding the policy implications of those decisions, he stated Staff will need
to come back for clarification of that policy direction.
Referencing the list of
possible trails in Exhibit B, Vice Mayor Dando stated there are a number of
properties in San José where community members are using the trails in and
around SCVWD or City property, and encouraged Staff to review those places to
see what is needed to open those up within the next 30 to 60 days, and asked
Staff to return with a list of those projects that can be opened within 60
days. She stated many trail projects are being developed with grants, and
suggested Staff look at those projects with grants pending, and develop an
up-to-date list of projects that should be moved to the front of the list. In
response to Council Member Dando’s question about development of a par course
in the Almaden area, Assistant Operating Officer Goldie stated the City has no
role in the project currently in design and development stages for construction
on SCVWD property.
Council Member Williams
expressed interest in connecting Coyote Canal trail with the Las Alamitos
trail, however it is not listed as one of the items for priority consideration.
He stated the Water District has an easement in order to access the trail for
maintenance, and jurisdiction, and requested the Water District authorize
public access. He stated his constituents complain about the issue of the
fences interfering with their access to the trails, and requested Staff to
review the leases in order to allow the public to be legally on the Water
District’s property, and to review the improvements at a future date.
Council Member Campos asked if the Council and the SCVWD Board would have an opportunity to review the criteria Staff would use for prioritization of trails, and when will the community have an opportunity to be part of the decisions and planning. Director Hensley replied the City of San José takes the lead on the meetings that will be held with community input, and the first step would be to assign teams to overlay maps, and to explore current resources that can be expedited, making sure they are legally accessible, and stated public involvement would be ongoing throughout the process, and updates will keep the Council and SCVWD informed.
Council Member Campos expressed concern about the criteria for the prioritization of trails. Director Hensley replied Parks, Recreation and Neighborhood Services will investigate equitable distribution of trails and how to provide a system wide program that will meet the needs of all residents of San José, and within the Santa Clara Valley Water District.
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Collaborative Action Plan and Joint Agreement for the development and operation of the Joint Trails Projects, was approved. Vote: 11-0-0-0.
Upon motion by Director Santos, seconded by Director Kamei, and unanimously carried, the Collaborative Action Plan and Joint Agreement for the development and operation of the Joint Trails Projects, was approved. Vote: 6-0-1-0. Absent: Judge.
2 (f) Direct
staff to track the collaborative process that has been initiated for resolution
of the issues related to the proposed Water Resources Protection Ordinance and
to report back as necessary for direction on unresolved issues.
Director of Planning, Building and Code Enforcement Stephen M. Haase spoke about the collaboration effort, which Staff believes offers an opportunity for San José to demonstrate its trustworthiness as a steward for water quality, habitat protection, and flood control and align the shared goals of both the Council and the SCVWD. He stated this process would allow the City to articulate the need for local controls and elements in promoting a predictable and coordinated development process that was part of the City’s effort to streamline the entitlement process. He stated the need for flexible regulatory structure based upon performance criteria facilitates the City’s responsibility to balance the competing needs of land use and environmental protection to make smart growth a reality. He requested a revision to the recommendation that Staff “participate in” rather than “track” the collaborative process, and with the agreement of the SCVWD, the City of San José be allowed to have two representatives in that process.
Mayor Gonzales
complimented both Staff for proceeding in the direction of a collaborative
process that respects the local use rights of a city and stated the City of San
José has a long history of doing whatever possible to protect the habitat and
work with the SCVWD.
Upon motion by
Council Member Chavez, seconded by Council Member Cortese, and unanimously
carried, Staff was directed to participate in the collaborative process that
has been initiated for resolution of issues related to the proposed Water
Resources Protection Ordinance and report back as necessary for direction on
unresolved issues. Vote: 11-0-0-0.
Upon motion by Director Zlotnick, seconded by Director Sanchez, and unanimously carried, Staff was directed to participate in the collaborative process that has been initiated for resolution of issues related to the proposed Water Resources Protection Ordinance and report back as necessary for direction on unresolved issues. Vote: 6-0-1-0. Absent: Judge.
2 (a) Acceptance
of the Annual Status Report on cooperative efforts between the City of San José
(City) and the Santa Clara Valley Water District (District); and,
(d) Endorse the Use of a Master Maintenance Permit issued by the District to the City to allow the City to more efficiently plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways.
Council Member Reed stated the Annual Status Report on quarterly cooperative effort reports that an item was left out. He stated he served on the Board of the Pollution Prevention Center which is a collaborative venture between the Santa Clara Valley Water District, City of San José, and the County of Santa Clara, and industry and environmental groups, which the City funded during the early years, and the Santa Clara Valley Water District funded the last several years, and it is a piece of unfinished business between the Santa Clara Valley Water District and the City that ought to be referred to this cooperative discussion to address the Pollution Prevention Center Board issue. He cited several ways the funding can come in, i.e. operating budget or specific grants for work program items that are on the work plan, and stated the City and Santa Clara Valley Water District’s view is somewhat different about what should be done in this collaborative effort, and requested that the issue be referred for Staff to include in the cooperative effort.
Upon motion by Vice Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, the Annual Status Report on cooperative efforts between the City of San José and Santa Clara Valley Water District was accepted, and Staff directed to include in cooperative discussions, how to relate to the Pollution Prevention Center Board, and the use of a Master Maintenance Permit issued by the Santa Clara Valley Water District to the City of San José to more effectively plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways, was approved. Vote: 11-0-0-0.
Upon motion by Director Zlotnick, seconded by Director Estremera, and unanimously carried, the Annual Status Report on cooperative efforts between the City of San José and Santa Clara Valley Water District was accepted, and Staff directed to include in cooperative discussions, how to relate to the Pollution Prevention Center Board, and the use of a Master Maintenance Permit issued by the Santa Clara Valley Water District to the City of San José to more effectively plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways, was approved. Vote: 6-0-1-0. Absent: Judge.
ADJOURNMENT
The Council of the City of San José
adjourned at 12:25 p.m.
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK