HomeMy WebLinkAboutCC MINUTES 2008 01 02MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 2, 2008
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone; Tony Kawashima; and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 - AAE and Wright v. City of Tustin, Claim No.
06-20
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property; Property defined within the Master Developer footprint at Tustin Legacy
(the former Marine Corps Air Station Tustin) including Reuse Plan
Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30,
31 and portions of Reuse Plan Disposal Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for Tustin Legacy Community Partners: Simon Whitmey
Under Negotiation: Terms and Conditions of Payment
C. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 (b) - 1 Case
D. CONFERENCE WITH LEGAL COUNSEL -POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9 (c) - 2 Cases
RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 6:59 p.m. City Council reconvened in public session.
City Council Meeting January 2, 2008
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PUBLIC MEETING
CALL TO ORDER - 7:00 P.M.
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE -Tustin
American Legion
ROLL CALL
Present: Mayor Jerry Amante, Mayor Pro Tem Doug Davert, Councilmembers Lou
Bone, Tony. Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
CLOSED SESSION REPORT -City Attorney Holland reported that the City Council authorized
the settlement of Wright v. City of Tustin, Claim No. 06-20.
PUBLIC HEARING ITEMS
GENERAL PLAN AMENDMENT 07-002
The applicant is requesting a General Plan Amendment related to the proposed
annexation of approximately 1.243 acres in the Pacific Center East Specific Plan
area, identified as Reorganization 07-01. On December 11, 2007, the Planning
Commission recommended that the City Council approve GPA 07-002.
Community Development Director Elizabeth Binsack presented staff report.
GPA 07-002 would establish the General Plan land use designation of "Planned
Community Commercial/Business" and revise some text and several maps in
the Tustin General Plan to reflect a proposed reorganization of the City
boundary in the Pacific Center East Specific Plan area.
Prior to taking action on the proposed reorganization, LAFCO requires that the
City of Tustin adopt a General Plan Amendment for the territory to be annexed.
A Prezone is not required because the Pacific Center East Specific Plan already
includes the area to be annexed to the City of Tustin, and the associated
Planned Community zoning was established in 1991.
Project Location
^ The project site is located within the Pacific Center East Specific Plan area at
the SR-55 Freeway and Edinger Avenue.
^ The site is zoned for regional center uses within Planning Area 5 of the Pacific
Center East Specific Plan.
^ Area proposed to be annexed is developed with a public street and a portion of
an on-ramp to the SR-55 Freeway at Edinger Avenue. The ramp is proposed to
be abandoned and replaced with a new on-ramp at another location.
City Council Meeting January 2, 2008
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Reorganization 07-01
^ The proposed reorganization includes the following actions:
^ Detachment of approximately 1.243 acres from the City of Santa Ana and
annexation of the same 1.243 acres to the City of Tustin
^ Amendments to both cities' spheres of influence.
^ The boundary reorganization would improve the delivery of public services such
as law enforcement and waste collection to the annexed area.
^ The reorganization would place Planning Area 5 of the Pacific Center East
Specific Plan entirely within one city rather than split it illogically between two
cities.
^ The City Council initiated the boundary reorganization on December 7, 2007.
^ If the City Council approves General Plan Amendment 07-002, LAFCO would
schedule their public hearing for the boundary reorganization and related sphere
of influence amendments once they have received the required application.
^ LAFCO staff anticipates that the application can be processed in four to six
months.
^ If the annexation is approved by LAFCO, the general plan designation would
become official for the annexed territory.
Environmental
^ On December 17, 1990, the Tustin City Council certified Final EIR 90-1 for the
Pacific Center East Specific Plan. On May 5, 2003, the City of Tustin City
Council certified the Final Environmental Report 90-1, as revised by Final
Supplement #1, for the project entitled "Newport Avenue Extension, State Route
55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue
Widening."
^ The proposed general plan amendment and boundary reorganization are
consistent with the Pacific Center East Specific Plan and the development
intensity previously considered for Planning Area 5 in the certified FEIR.
^ Staff has prepared an Environmental Analysis checklist that demonstrates all
potential impacts of the proposed general plan amendment and boundary
reorganization were addressed by the certified FEIR, and no additional impacts
have been identified.
The public hearing opened at 7:08 p.m. There were no speakers and the public
hearing closed at 7:08 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to approve as recommended:
1.a. Open and close a Public Hearing;
1.b. Adopt resolution; and
RESOLUTION NO. 08-03 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN FINDING THAT THE FINAL ENVIRONMENTAL
IMPACT REPORT 90-1 ("FEIR"), AS REVISED BY SUPPLEMENT #1, IS
ADEQUATE TO SERVE AS THE PROJECT EIR FOR GENERAL PLAN
AMENDMENT 07-002 AND REORGANIZATION 07-01.
City Council Meeting January 2, 2008
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1.c. Adopt resolution;
RESOLUTION NO. 08-04 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 07-002 TO
ESTABLISH THE GENERAL PLAN DESIGNATION OF "PLANNED
COMMUNITY COMMERCIAUBUSINESS" FOR THE ANNEXATION OF
APPROXIMATELY 1.243 ACRES IDENTIFIED AS REORGANIZATION 07-01.
Motion carried 5-0.
2. ZONE CHANGE 07-003 FOR PROPERTY LOCATED AT 15771 RED HILL AVENUE
Panattoni Development Company, LLC is proposing to change the zoning on property
located at 15771 Red Hill Avenue from Planned Community Industrial (PC-IND) to Planned
Community Industrial Business (PC-IND/BUS) District. This change in zoning would allow
office uses on the property.
Community Development Director Elizabeth Binsack presented staff report.
Background
^ The site is 5.96 acres and is developed with a 79,756 square-foot building.
^ It is currently occupied by Cookie Lee, a jewelry wholesale business, that no longer
plans to utilize their building to warehouse and manufacture products.
^ Panattoni Development Company plans to purchase the property and utilize the
building for office uses.
Zone Change 07-003
^ The Planned Community Industrial (PC-IND) District only allows light industrial
uses. Office uses are permitted only as incidental uses to the permitted industrial
type land use.
^ The Planned Community Industrial/Business (PC-IND/BUS) District would allow all
permitted land uses in the PC-IND District as well as offices uses.
^ To accommodate the proposed office use, the applicant is proposing to change the
land use designation from PC-IND to PC-IND/BUS.
The public hearing opened at 7:11 p.m. There were no speakers and the public hearing
closed at 7:11 p. m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to approve as recommended:
2.a. Open and close a Public Hearing;
2.b. Introduce and have first reading, by title only of Ordinance No. 1347.
ORDINANCE NO. 1347 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING ZONE CHANGE 07-003 TO REZONE THE
PROPERTY LOCATED AT 15771 RED HILL AVENUE FROM PLANNED
COMMUNITY INDUSTRIAL (PC-IND) DISTRICT TO PLANNED COMMUNITY
INDUSTRIAL BUSINESS (PC-IND/BUS) DISTRICT
Motion carried 5-0.
City Council Meeting January 2, 2008
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Councilmember Palmer excused himself from the proceedings due to a conflict of interest and
left the dais at 7:12 p.m.
3. APPEAL OF A PLANNING COMMISSION DECISION TO AMEND CONDITIONAL
USE PERMIT 01-031 TO ALLOW MEDICAUDENTAL CLINIC USE
On November 20, 2007, the City Council appealed the Planning Commission's
decision to approve Amendment to Conditional Use Permit 01-031 to allow a
medical/dental clinic use at 1 Hope Drive. The project is proposed at the Village of
Hope by the Orange County Rescue Mission (Applicant) and was approved by the
Planning Comission on November 13, 2007.
Community Development Director Elizabeth Binsack presented staff report.
Project Location
^ 1 Hope Drive (formerly Bumblebee Road)
^ MCAS Tustin Specific Plan District
Background
^ On December 10, 2001, the Planning Commission approved CUP 01-031, through
the adoption of Resolution No. 3817, for a transitional housing facility with 192 beds
and support accessory uses.
^ This original approval did not include amedical/ dental clinic use providing service
to the public. The original application and approval only described accessory uses
that would serve the facility residents and the required parking was based on the
number of beds in the facility.
^ Condition 3.1 of Resolution No. 3817 could allow on-site ancillary uses consistent
with the mission of the provision of transitional housing.
^ However, Condition 3.1 was not applicable to the proposed medical/dental clinic
because the clinic would provide service to the general public and not exclusively
to the transitional housing residents on-site.
^ The subject property is zoned MCAS Tustin Specific Plan (Planning Area 3).
Pursuant to Section 3.3.4A of the MCAS Tustin Specific Plan, amedical/dental
clinic is a conditionally permitted use.
^ The proposed clinic would replace the applicant's existing 3,000 square foot clinic
facility in Santa Ana.
Project Description
^ The project is a request to amend CUP 01-031 to allow a medical and dental clinic
use at the Village of Hope transitional housing facility.
^ The proposed clinic facility would be located on the 1st floor of Building B (Men's
Dormitory).
Parking
^ The site is improved with 64 existing parking spaces.
^ Transitional Housing Facility requires 48 spaces; thus, there are 16 surplus
spaces.
^ The applicant submitted a parking study based on the existing clinic in Santa Ana.
The study concluded that the maximum parking demand for the use is 11 parking
spaces.
City Council Meeting January 2, 2008
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^ Therefore, the 16 surplus parking spaces would be able to accommodate the
proposed use.
^ If, in the future, parking or traffic problems occur, Condition 2.4 has been added to
allow the City to monitor the problem and require any necessary mitigation.
Recommendation
^ City Council may take the following actions:
^ Take no action; thereby, leaving the Planning Commission decision to stand;
^ Deny the use of medical/dental clinic use and request that staff return with a
City Council resolution reversing the Planning Commission's decision; or,
^ Remand the matter back to the Planning Commission for further discussion
and investigation of alternatives.
The public hearing opened at 7:21 p.m. Christopher Ferebee, board member of the
Orange County Rescue Mission, spoke in favor of Amending CUP 01-031. There
were no other speakers and the public hearing closed at 7:23 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to:
3.a. Open and close a Public Hearing; and
3.b. Uphold the Planning Commission action with modifications to condition 2.4
and request that staff return to the City Council with a resolution.
Motion carried 3-1 (Palmer abstained, Bone opposed).
Councilmember Palmer did not participate in consideration of this item. He re joined the
meeting at 7:30 p.m.
FIRST PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Amante pulled Items 7, 8 and 15 for separate
discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Palmer, to
approve balance of consent calendar items as recommended by staff and carry out a Roll Call
Vote on Item 10. Motion carried 5-0.
4. APPROVAL OF MINUTES -REGULAR MEETING OF DECEMBER 4, 2007 AND
SPECIAL MEETING OF DECEMBER 12, 2007
Motion: Approve the Regular City Council Meeting Minutes of December 4, 2007 and
Special Meeting of December 12, 2007.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,847,781.40, $645,244.85,
$833,865.63 and $2,350,950.67; and Payroll in the amounts of $666,729.71 and
$715,083.89.
City Council Meeting January 2, 2008
Minutes Page 6 of 11
6. PLANNING ACTION AGENDA -DECEMBER 11, 2007
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Motion: Ratify the Planning Commission Action Agenda of December 11, 2007.
7. ANNUAL REVIEW AND ADOPTION OF THE INUVESTMENT POLICY
The California Government Code, as amended, requires that Cities annually adopt
their Investment Policy. This legislative action was in response to the Orange County
bankruptcy. It requires the elected body and the Treasurer to review the existing
Investment Policy at least annually and confirm its content at a public meeting and
annually delegate authority to invest.
Mayor Amante commented on item 7 and 8 jointly; thanked City Treasurer George
Jeffries for his years of service to the City and conservative, well-managed
investments.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to
7.a. Adopt the City of Tustin Investment Policy for calendar year 2008 with no
changes, as recommended by the City Treasurer.
7.b. Continue delegation of the Investment Policy to G.W. Jeffries and
Associates.
Motion carried 5-0.
8 APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
S1GNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G.W.
JEFFRIES AND ASSOCIATES, lNC.
The City Council is asked to consider Resolution No. 08-02 appointing George W.
Jeffries as City Treasurer and approving his personal services agreement for one
year.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to
8.a. Adopt resolution; and
RESOLUTION NO. 08-02 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPOINTING GEORGE W.
JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2008
8.b. Authorizing the Mayor to sign the Agreement for the Services of George W.
Jeffries
.
Motion carried 5-0.
City Council Meeting January 2, 2008
Minutes Page 7 of 11
9. DESTRUCTION OF RECORDS -CITY CLERK'S OFFICE
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the approval
of the City Attorney and the City Council.
Motion: Adopt resolution.
RESOLUTION NO. 08-07 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE CITY CLERK'S OFFICE THAT ARE NO LONGER
REQUIRED FOR CONDUCT OF CITY BUSINESS PURSUANT TO
GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
10. ADOPT ORDINANCE NO. 1346 -GENERAL PLAN AMENDMENT 07-001 AND
ZONE CHANGE 07-002: 13841 RED HILL AVENUE, AMERICAN SENIOR LIVING,
LLC.
The project is a request by American Senior Living Development, LLC to demolish
an existing church building and construct an age-restricted (62 years or older)
assisted living/congregate care facility. The project site is a 2.882 acre site located
at 13841 Red Hill Avenue (west of Red Hill Avenue between EI Camino Real and
San Juan Street) currently occupied by the Main Place Church. The site is
designated by the General Plan and zoned as Public and Institutional. To allow for
the proposed development, a General Plan Amendment and a Zone Change to
change the land use designation and zoning district to Planned Community
Commercial/Business and Central Commercial (C-2), respectively, are required.
Motion: Have second reading by title only and adoption of Ordinance No. 1346 (roll
call vote) or action as necessary.
ORDINANCE NO. 1346 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-002
AMENDING THE ZONING MAP OF THE CITY OF TUSTIN TO REZONE THE
PROPERTY LOCATED AT 13841 RED HILL AVENUE FROM PUBLIC AND
INSTITUTIONAL (P&I) TO CENTRAL COMMERCIAL (C-2) ZONING
DISTRICT TO ACCOMMODATE THE CONSTRUCTION OF AN ASSISTED
LIVING/CONGREGATE CARE FACILITY AGE RESTRICTED TO 62 YEARS
OR OLDER
11. CERTIFYING THAT THE CITY OF TUSTIN HAS THE RESOURCES TO FUND
THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008/09 - 2013/14
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING
ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN
THE PROGRAM
City Council Meeting January 2, 2008
Minutes Page 8 of 11
The Orange County Transportation Authority (OCTA) requires that all local
agencies submit an approved resolution certifying that the agency has fully funded
project phases listed in the 2008 Regional Transportation Improvement Program
(RTIP). The 2008 RTIP will cover federal fiscal year 2008/09 through 2013/14.
Motion: Adopt resolution.
RESOLUTION NO. 08-01 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA CERTIFYING THAT THE CITY OF
TUSTIN HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED
FOR INCLUSION IN THE FY 2008/09 - 2013/14 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS
COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN
THE PROGRAM
12. RELEASE OF MONUMENTATION BOND FOR TRACT MAP NO. 16695 (THE
DISTRICT, VESTAR)
The monuments associated with the tract map have been set, inspected and
verified as complete. The Public Works Department is now recommending release
of the monumentation bond.
Motion: Release the following bond in the indicated amount:
Monumentation Bond No. 42 BCSDJ 8841$15,500.00
13. APPROVAL OF AMENDMENT NO. 13 TO COOPERATIVE AGREEMENT NO. C-
95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
PROJECTS FUNDED BY MEASURE M
Approval of Amendment No. 13 provides the Orange County Transportation
Authority (OCTA) with the City of Tustin's approval of the latest revision to the
Combined Transportation Funding Programs (CTFP) Allocations.
Motion: Approve Amendment No. 13 to Cooperative Agreement No. C-95-993 with
the OCTA, and authorize the Mayor and City Clerk to execute the Agreement on
behalf of the City.
14. THIRD AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND PAYMENT
AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P. ("DEVELOPER") FOR THE
DISTRICT AT TUSTIN LEGACY
City Council authorization is requested for an amendment to the Infrastructure
Construction and Payment Agreement for the District at Tustin Legacy.
Motion: Subject to any non-substantive modifications as may be determined
necessary by the City's Tustin Legacy Special Counsel or City Attorney, approve
and authorize the City Manager or Assistant City Manager to execute the Third
City Council Meeting January 2, 2008
Minutes Page 9 of 11
Amendment to the Infrastructure Construction and Payment Agreement (the
"Amendment") between the City of Tustin and the Developer and to carry out all
actions necessary to implement the Amendment and Original Agreement.
15 2008 :MAYORAL APPOINTMENTS TO COMMlITTEES
Annually, following selection of the Mayor, the Mayor appoints those members of
the City Council who will serve on various City and County committees.
Mayor Amante noted that Tustin Pride Committee does not require a Council
representative thus Councilmember Bone no longer needed on committee.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to
receive and file report to include the following appointments:
Foothill /Eastern Transportation Corridor Agency Amante /Bone
Growth Management Areas Amante /Bone
Newport Bay Watershed Executive Committee Amante / Palmer
Orange County Council of Governments Bone / Palmer
Orange County Fire Authority Davert / Palmer
Orange County Library Board Palmer/Amante
Orange County Sanitation District Davert / Palmer
Orange County Vector Control Bone
Santa Ana / Tustin Joint Powers Agency (TSIA) Amante /Davert
Santa Ana River Flood Protection Agency Palmer /Amante
Senior Fund Board of Directors Palmer /Davert
Southern California Association of Governments (SCAG) Bone
Tustin Unified School District Liaison Amante /Davert
Water Advisory Committee of Orange County (WACO) Bone
Motion carried 5-0.
REGULAR BUSINESS ITEMS
16. MAJOR STREET NAMING WITHIN AND ADJACENT TO THE TUSTIN LEGACY
PROJECT
An evaluation of the renaming streets adjacent and within Tustin Legacy has been
completed for City Council consideration.
Mayor Pro Tem Davert suggested name changes to Edinger, Valencia and Armstrong.
Councilmember Palmer supports changes to Edinger and Valencia.
Councilmember Kawashima would like to see more options for Valencia Avenue and in
particular names that would help market the District.
Councilmember Bone supports changes to Armstrong and Loop Road but not the rest
of the streets.
City Council Meeting January 2, 2008
Minutes Page 10 of 11
Mayor Amante would like to see changes to Armstrong and Loop Road, this is the only
opportunity to make changes, should consider thoughtfully.
Motion: Council unanimously concurred to receive and file report.
17. CITY COUNCIL -LEGISLATIVE UPDATES: SUPPORT AB 579 (SWANSON) -
LAMBRA LEGISLATION
City Council support for proposed legislation to extend the term of a Local Agency
Military Recovery Area (LAMBRA) designation is requested.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to support AB 579 (Swanson) with certain requested modifications and
authorize the Mayor to sign support the Bill author, members of the California State
Assembly Committee on Jobs, Economic Development, and the Economy and our
local delegation. Motion carried 5-0.
SECOND PUBLIC INPUT -None
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Wished all a happy & prosperous 2008; and
• Heavy rainfall predicted for the weekend, asked everyone to drive safely.
Councilmember Palmer:
• Congratulated award winners for holiday decorations; and
• Thanked City for Tree Lighting ceremony and all the volunteers for their efforts.
Mayor Pro Tem Davert:
• Great and happy new year to all.
Mayor Amante:
• Looks forward to an exciting year ahead; and
• Urged everyone to support completion of 241 Toll Road extension.
ADJOURNED - 7:54 P.M. - The next regular meeting of the City Council is scheduled for
Tuesday, January 15, 2008, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
JERRY AMANTE
Chair
PAMELA STOKER,
Recording Secretary
City Council Meeting January 2, 2008
Minutes Page 11 of 11