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HomeMy WebLinkAbout6/9/2004 - STAFF REPORTS (4) DATE: June 9, 2004 TO: City Council FROM: City Clerk REFERENDUM PETITION RESOLUTION 20866 RECOMMENDATION: That the Council consider action on the referendum petition filed concerning Resolution 20866, adopted on March 31, 2004, relative to Section 14. BACKGROUND: On April 29, 2004, the proponents of Resolution 20866 referendum filed their petition, entitled: `REFERENDUM AGAINST A RESOLUTION PASSED BY THE PALM SPRINGS CITY COUNCIL RESOLUTION 20866, OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0728 GPA, VARIOUS AMENDMENTS TO THE GENERAL PLAN LAND USE AND CIRCULATION ELEMENTS FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH AND SOUTH INDIAN CANYON DRIVE TO THE WEST, ZONE C-1, C-1-AA, C-2, R-G-A(8), R-2, R-4, R-4-VP, PD 101, PD 180, AND PD 164, SECTION 14. A random sampling technique permitted by the California Elections Code was used to determine the validity of the signatures. 500 signatures were checked. The cost for the signature verification is approximately $700. The Council has the following options: a) Reconsider and repeal Resolution 20866, or b) Call a special municipal election to be held on an established election date of November 2, 2004. The costs for the election are estimated to be approximately $15,000, and may be somewhat higher depending on Spanish translation costs. There are no funds currently budgeted for this special election. PATRICIA A. SANDERS '� ✓� City Clerk City Manage 1. Attachments 06/09/2004 00: 17 FAX 510 346 B219 REMOHO,JOHANSEN&PURCELL Z002/002 RE,MCHO,JOHANSEN & PURCELL ATTORNEYS AT LAW 201 DOLORES AVENUE Joseph Remeho(1944.2003) SAN LEANDRO,CA 94577 Robin B.Johansen PHONE:(510)346-6200 Kathleen J, Purcell FAX:(510)346.6201 James C.Harrison E-MAIL:twillis@rjp.com Thomas A.Willis Margaret R. Priming SACRAMENTO PHONE:(916)264-1818 Karen Getman,of coumei June 9, 2004 VIA FACSIMILE Patricia A. Sanders City Clerk City of Palms Springs 3200 E. Tahquitz Canyon Way Palm Springs California, CA 92262 Re: City Council Consideration of Referendum Election Dear Ms, Sanders; We represent proponents of the Section 14 referendum,which will be addressed by the City Council tonight. The purpose of this letter is to alert you and the City Council to two errors in the proposed resolution calling for the referendum election. These must be corrected before the resolution is passed. First, the proposed ballot question does not comply with state law. Elections Code section 13120 requires a referendum ballot question to follow a specific format: The ballots used when voting upon a state, county, city, or district statute or ordinance referred to the voters of the respective jurisdiction as a referendum measure . . . shall have printed on them the words "Shall the statute (or ordinance) (stating the nature thereof, including any identifying number or title) be adopted?" Opposite the statement of the statute or ordinance to be voted on and to its right, the words "Yes" and "No" shall be printed on separate lines, with voting squares. . . . (Emphasis added.) The provision is mandatory and strictly limits the text of the ballot question. The proposed ballot question, found in section 1 of the resolution, violates this provision and is unduly confusing. It states: "Shall the citizen initiated Referendum repealing Resolution 20866 regarding various amendments to the General Plan Use and Circulation Plan, Section. 14 be adopted?"/(Agenda 06/00/2004 00 : 17 FAX 510 246 6219 REMCHO,JOHANSEN&PURCELL 12 003/002 Patricia A. Sanders June 9, 2004 Page 2 Item 3, attached Proposed Resolution, page 313.) That question does not comply with the plain language of Elections Code section 13120. Moreover, a reasonable voter is likely to be confused whether a"yes"vote is for or against the underlying resolution. Under state law, the "yes"vote in a referendum election must be to approve the resolution, while the "no" vote must be to repeal the resolution. The current ballot question has that reversed. Therefore, the ballot question must be modified as follows: Shall Resolution No. 20866, regarding various amendments to the General Plan for Section 14 of the City, be adopted? Second, the description of the "yes"and "no" votes in section 4 of the proposed resolution is inaccurate and violates Elections Code section 13120. (Proposed Resolution, page 3B.) As discussed above, a "yes" vote must be for adoption of the resolution, not vice- versa. Moreover, the description of the consequences of the election is inaccurate. If the referendum fails,the result is not simply that the resolution is "deemed unsupported by the voters"; the result is that the resolution cannot go into effect. The vote of the citizens is binding on the City and is not, as implied by the resolution, a mere non-binding declaration of voter preference. Elections Code section 9241 could not be more clear: "If. . . a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of. , , disapproval by the voters. " (Emphasis added.) For these reasons, the relevant part of section 4 of the proposed resolution must be amended to read: In the event the measure receives a greater number of NO votes than YES votes, Resolution No. 20866 is repealed and may not be enacted for one year after the election. In the event the measure receives a greater number of YES votes than NO votes, Resolution No. 20866 is adopted. Finally, we remind the City that the effective date of Resolution No. 20866 has been suspended pending the outcome of the election, and the City is prohibited from taking any action or spending any public funds to implement the resolution prior to the election. Sincerely, Thomas A. Willis TAW:NL cc: Members of the City Council (via facsimile) David H. Ready, City Manager (via facsimile) David Aleshire, City Attorney (via facsimile) RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 FOR THE SUBMISSION TO THE VOTERS OF A MEASURE (CITIZEN PETITION REFERENDUM) RELATING TO SECTION 14 - - ---- - - --- - WHEREAS, a referendum petition related to Resolution 20866 regarding General Plan Land Use and Circulation Plans for Section 14 was submitted to the City Clerk on April 29, 2004; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general election date to be held November 2, 2004, for the purpose of submitting to the qualified electors of said City, the following measures, to wit: MEASURE Shall Resolution 20866 approving amendments to the General Plan Use and Circulation Plan for Section 14 be adopted? Section 2. That the proposed measure submitted to the voters are attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measures set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used there at. Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside or other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. v Resolution Page 2 Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 30, 2004. ADOPTED this 9th day of June, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: U( w .n.. . p bt,l F ND S AG.�INST:� FI SOkE:TIO>: PASSED SYTIM CITY COUNCIL IZESt 'LUTK5>,' NO, Referendurn Against Resolution Amending Palm Springs General Flan Regarding Development of 640 Downtown Acres. To the City Council and Clerk of the City of P.tlT n Springs: We, the undersigned, representing 100/. or more of the registered, qualified voters of the City of Pahn Springs,hereby present this petition protesting the adoption by the City Council of Pahn Springs of the following Resolution: RESOLETTION NO.20866 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA, APPROVING CAS$ 5,0728 GPA, VARIOUS AMENDMENTS TO THE GENERAL PLAN LAND USE AND CIRCULATION ELEMENTS FOR 640 ACRES BOUND EY Al.EJO ROAD TO THE NORTH, SUNRISE WAY TO TI^IE EAST, RAMON ROAD TO THE SOUTH, AND SOUTH INDIAN CANYON DRIVE TO THE WEST,ZONE C-1,C-1-AA,C-2,I2-G-A(8),R-2,R-4,R-4-VP,PD-101,PD-1E0,AND PD- 164,SECTION 14, j We request that the legislative acts contained in said Resolution,as defined by law,be entirely repealed by the City Council, or otherwise be submitted to a vote of the people, pursuant to the provisions of California Elections Code Section 9241, The title and text of the Resolution are set forth on the pages ' attached hereto. NOTICE TO THE PUBLIC: THIS PETITION MAY 'BE CIRCULATED BY A PAID SIGNATURE GAT14EXF.R OR, A VOLUNTEER. YOU HAVE THE RIGHT TO ASK, THE USE OF YOUR SIGNATURE FOR ANY PURP O SE OTHER THAN QUALIFICATION Or TMS MEASURE FOR THE BALLOT IS A MISDEMEANOR.COMPLAINTS ABOUT THE MISUSE Or-'YOUR SIGNATURE MAY 13E MADE TO THE SPSCRETARY OF STATE'S OFI+XCE. ALL SIGNERS OE'rHls PETITION MUST nY REGIS RIZE0 VOTERS OF THE CITY OR PALM SPRINOS. YMa.column for It1-117ERENDU,M A(;AINS"I' A RI,SOI.LiTION I',\SSED IIY TIrE CITY COUNCIL RFISOLLiTION N(). 20'�6G ReferevidUrn Against Resolution Amending Palm Springs General Plan Regarding DeveloptTient of 640 Downtown Acres. y , RESOLUTION NO. 20866 OF THFi CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5,0728 GPA, VARIOUS ' AMENDMENTS TO THE GENERAL PLAN LAND USE AND I CIRCULATION ELEMENTS FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH, AND SOUTH INDIAN CANYON DRIVE TO THE WEST, ZONE 0-1. 0-1-AA, C-2, R-G-A(8), R-2, R-4, R- 4-VP, PD-101, PD-180, AND PD-164, SECTION 14. AMENDMENTSARE AS FOLLOWS_ A) GENERAL PLAN MAP AMENDMENT TO: 1) REDESIGNATE THE FOLLOWING AREAS FROM 1143/30 (HIGH DENSITY RESIDENTIAL) TO RC (RESORT COMMERCIAL); • SOUTH 3/4 OF THE BLOCK BOUND BY CALLE ENCILIA, AMADO ROAD, CALLE EL SEGUNDO, AND ALEJO ROAD; • SOUTH HALF OF THE BLOCK BOUND BY CALLS ENCILIA, TAHQUITZ. CANYON WAY, CALLE EL SEGUNDO. AND ARENAS ROAD; • SOUTH HALF OF THE BLOCK BOUND BY CALLE Inl SEGUNDO, TAHQuITZ CANYON WAY, AVENIDA CABALLEROS, AND ARENAS ROAD; SOUTH HALF OF THE BLOCK BOUND BY AVENIDA CABALLEROS, TAHQUITZ_ CANYON WAY, HERMOSA DRIVE, AND ARENAS ROAD; • SOUTH HALF OF THE BLOCK BOUND BY HERMOSA DRIVE, TAHQUITZ CANYON WAY, SUNRISE WAY, AND ARENAS ROAD (DELETED PORTION); NORTH HALF OF THE BLOCK BOUND BY CALLE ALVARADO, AMADO ROAD, AVENIDA CABALLEROS, AND TAHQUITZ CANYON WAY; • NORTH HALF OF THE BLOCK BOUND BY AVENIDA CABALLEROS, AMADO ROAD, HERMOSA DRIVE, AND TAHOUITZ.CANYON WAY; • NORTH HALF OF THE BLOCK BOUND BY HERMOSA DRIVE, ANDREAS ROAD, SUNRISE WAY, AND TAHQUITZ CANYON WAY; 0 REDESIGNATE THE FOLLOWING AREA FROM RC (RESORT COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT): • EAST HALF OF THE BLOCK BOUND BY ARENAS ROAD, CALLE ENCILIA, RAMON ROAD, AND SOUTH INDIAN CANYON DRIVE; 5 I2EXCRPNDUNI AGAINST A RESOLUTION PASSED AY TFIE CITY COUNCIL RISOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres, Resolution 20866 Page 2 . i iii) REDESIGNATE THE FOLLOWING AREA FROM CBD ' (CENTRAL BUSINESS DISTRICT) TO RC (RESORT COMMERCIAL): • WEST HALF OF THE BLOCK BOUND BY ALEJO ROAD, CALLS ENCILIA, AMADO ROAD, AND SOUTH INDIAN CANYON DRIVE; iv) REDESIGNATE THE FOLLOWING AREA FROM H30 (MEDIUM HIGH. DENSITY RESIDENTIAL) TO H 43/30 (HIGH DENSITY RESIDENTIAL): SOUTH HALF OF THE BLOCK BOUND BY CALLE EL SEGUNDO, ARENAS ROAD, AVENIDA CABALLEROS, AND SATURNINO ROAD; v) REDESIGNATE THE FOLLOWING AREAS FROM M15 (MEDIUM DENSITY RESIDENTIAL) TO H 43/30 (HIGH DENSITY RESIDENTIAL); • WEST QUARTER OF THE BLOCK BOUND BY AVENIDA CABALLEROS, BARISTO FLOOD CONTROL CHANNEL, HERMOSA DRIVE, AND RAMON ROAD; • EAST QUARTER OF THE BLOCK BOUND BY ' AVENIDA CABALLEROS, BARISTO FLOOD CONTROL CHANNEL, HERMOSA DRIVE, AND RAMON ROAD; • EAST HALF OF THE WEST HALF OF THE BLOCK BOUND BY BARISTO FLOOD CONTROL CHANNEL, SUNRISE WAY, RAMON ROAD, AND HERMOSA DRIVE; A) REDESIGNATE THE FOLLOWING AREAS FROM M8 (MEDIUM DENSITY RESIDENTIAL) TO H43130 (HIGH DENSITY RESIDENTIAL): • SOUTH HALF OF THE NORTH HALF OF THE BLOCK BOUND BY ALEJO ROAD, AVENIDA CABALLEROS, AMADO ROAD, AND CALLE EL SEGUNDO- SOUTH HALF OF THE NORTH HALF OF THE BLOCK BOUND BY ALEJO ROAD, HERMOSA DRIVE, AMADO ROAD, AND AVENIDA CABALLEROS; SOUTH HALF OF THE NORTH HALF OF THE BLOCK BOUND BY ALEJO ROAD, SUNRISE WAY, AMADO ROAD, AND HERMOSA DRIVE; (B) GENERAL PLAN CIRCULATION MAP AMENDMENT TO: 6 REPI:RENDUIvI AGAINST A RESOLUTION PASSI T) i3Y ' imp, CITY COUNCIL ItrSOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. Resolution 20866 , Page 3 RECLASSIFY SATURNINO ROAD 5FTWEEN CALLE EL SEGUNDO AND AVENIDA CABALLEROS FROM A SECONDARY THOROUGHFARE TO A COLLECTOR STREET; • RECLASSIFY ARENAS ROAD BETWEEN AVENIDA CABALLEROS AND HERMOSA DRIVE FROM A SECONDARY THOROUGHFARE TO A COLLECTOR STREt;T; • DELETE HERMOSA DRIVE BETWEEN ARENAS ROAD AND BARISTO ROAD; WHEREAS, the Aqua Calionte Band of Cahuillo Indians and the City of Palm Springs (the "applicant") have Initiated Case 5.0728, a request for various amendments to the General Plan Land Use and Circulation Elements; and WHEREAS, notice of a public hearing of tho Planning Commission of the City of Palm Springs to consider Case No, 6.0728 GPA, a request for various amendments to the General Plan Land Use and circulation Elements, was given in accordance With applicable law; and WHEREAS, on November 26, 2003, a public hearing on Case 5.072a, requests for various amendments to the General Plan Land Use and Circulation Elements was held by the Planning Commission In accordance with applicable law; and WHEREAS, on January 28, 2004, a public hearing on Case 5.0728, requests for various amendments to the General Plan Land Use and Circulation Elements was held by the Planning - Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Case No: 5.0728 GPA, a request for various amendments to the General Plan Land Use and Circulation Elements, was given in accordance with applicable law; and WHEREAS, on March 31, 2004. o public hearing on Case 5.0728, requests for various amendments to the General Plan Land Use and Circulation Elements Was held by the City Council in accordance with applicable law; and WHEREAS, In accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act, an Environmental Impact Report/Envlronmental Impact Statement was prepared and it was'found that with the incorporation of proposed mitigation measures, the proposed project could not have a significant effect on the environment; and WHI=REAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, Including but not limited to the staff report, all written and oral testimony,presentcd. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1 The proposed General Plan Amendments aro in compliance with the Environmental Impact ReportfEnvironmentol Impact Statement has b¢en 7 RI EIZENDUIVI AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL RI,SOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. t Resolution 20866 Page 4 completed for the Section 14 Master Development Plan/Specific Plan and is In compliance with CEQA, NEPA, the Skate CEQA Guidelines, and the City's CEQA Guidelines. The MR/EIS for Case No. 5.0728 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council has independently reviewed and considered the Specific Plan and determined that it Is in conformance with the information contained in the Environmental Impact ReporUEnvironmental Impact Statement, The City Council further finds that with the incorporation of proposed mitigation measures and the adoption of the statement of overriding Considerations, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends certification of the r.IR/EIS for this project. Section 2: The proposed General Plan Amendments to the Land Use Element seek to more closely direct the clustering of uses to particular areas while still allowing for mixed-use and plan flexibility. In general, most of the medium density residential designations that are surrounded by existing high deosityfesidential designations have been replaced by high density residential. In addition, the Resort Commercial designation has been extended along the Tahquilz Canyon Way corridor and north towards Amado Road in order to eliminate areas of split ! General Plan designations on blocks of land, The Resort Commercial designation may facilitate future, consolidated development at identified "catalyst opportunity" sites. Chapter 9 of the Specific Plan links the proposed land uses with existing General Plan policies. The proposed amendments will allow some of the General Plan objectives regarding economic activity, the Central Business District,Tahquitz Canyon Way, and circulation to be realized. The proposed amendments to the General Plan Circulation Element include requests to reclassify streets within section 14 in order to match existing street Improvements. The proposed amendments will also facilitate the creation of alternative street sections that allow for diverse modes of transportation (bike paths, pedestrian walkways, shuttle lanes) and an attractive slreetscape. The traffic study completed for Section 14 Indicated that many of the street designations and future Improvements would result in roads that have a greater capacity than projected future traffic volumes (Year 2010), Special street sections proposed for Alejo Road and other Streets are not Included in the proposed amendments because they are deemed consistent with existing General Plan Policy 7.1.5., which allows for modified street cross sections, City and Tribal staff will continue to consult With regards to how the existing street cross sections will be transktioned to proposed street cross sections, especially in areas that are already built out. Section 3: The amendments to the Land Use and Circulation Elements of the General Plan are necessary and appropriate in order to build consistency between the Section 14 Master Development Plan/Specific Plan and the General Plan Map and Report. 8 REFERENDUM AGAXNST A RESOLUTION PASSED DY THE CITY COUNCIL RESOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. Resolution 20868 Page 5 Sectlon 4: The proposed amendment to tho Gonoral Plan Circulation Element is necessary and proper at this time, and Is not likely to be detrimental to the adjacent property or residents. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the amendments to the General Plan Land Use and Circulation Elements as shown in Exhibits A and S, ADOPTED this W E' day of March, 2004. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: Member Foat ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Clty er^r City Manager REVIEWED AND APPROVED AS TO FORM 9 I41i1iI<,'RENDUNI AGAINST A RESOLUTION PASSED 13Y THE CITY COUNCIL 12.J1i'SOLUTJON NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. EXHI8IT A PROPOSED GENERAL PLAN MAP AME'NDMENT9 SECTION 14 I ALWO Ma M F-{4319,0 H'q3 Oj N*3j40 f! /.va M _ A K R C ' �. � � a+Ce RC a • i»• v1r _ _ _ !Iq A cnb, 014 4411jo H441A0 1 1 �"ao 77 43/30 H*7/s0 IGri C N _ �1 I 10 RE I'RENDUNI AGAINST' A IZESOIXTION I'ASSI:1) )ty ,rFII. CITY COUNC:II RI SOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. EXHIBIT B PROPOSED GENERAL PLAN CIRCULATION MAP AMENDMENTS SECTION 14 A4GJ8 �_i_ega Mr . � Ma I � M4 , kte Z j A I nrlwtiA Rc . Rc AC N A'C T!+1,t9tv�r MCC aa R AC Ra oconclory thorou;I ara to co octor st eo ov ,pf++4f/1d t L socnndary Lhoroucthfan3 t�colfocto, r c 4,n t Nif/fa. t15 KifSa ./3 jC �S �c� ' , 11