HomeMy WebLinkAbout1980-11-12; Planning Commission; MinutesCITY OF CARLSBAD
Minutes of: PLANNING COMMISSION Date of Meeting: November 12, 1980 Time of Meeting: 7:00 P.M. Place of Meeting: City Council Chambers
CALL TO ORDER was made by Chairman Marcus at 7:Ol P.M.
ROLL CALL
PRESENT: CHAIRMaN MARCUS COMMISSIONERS ROMBOTIS, LARSEN, LEEDS, FRIESTEDT AND L'HEUREUS
ABSENT: COMMISSIONER $OSE
Ex-Officio member Dan Hentschke, Assistant City Attorney, was also pres-ent.
Staff members present were:
Mike Holzmiller, Principal Planner Bill Hofman, Associate Planner Patrick Tessier, Associate Planner Richard Allen, Principal Civil Engineer
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chairman Marcus
AGENDA ITEM COMMUNICATIONS
Mike Holzmiller indicated that Staff had received a number of communications and suggested it would be best if these were presented under the item to which they pertained.
Mr. Holzmiller further advised that there was ‘one additional item for the agenda, namely the adoption of a Resolution of Intention No. 161, to conduct a Public Hearing to consider amendments to the General Plan. This could be adopted at the end of the meeting.
Mr. Holzmiller also indicated that Staff would like to discuss Planning Commission meeting dates for the month of December at the end of the meeting.
NEW PUBLIC HEARINGS
Before commencing the public hearing items, Mike Holzmiller advised that environmental documents had been added to the report on certain items being considered. He reminded the Commission that
the new environmental ordinance requires them to concur with the Planning Director in respect to environmental review on items being considered. He further pointed out that documents would not be available for all items since some had been submitted prior to the new ordinance.
1. CT 80-29/CP-111, EVENT PROPERTIES - REQUEST FOR APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON THE EAST SIDE OF CACATUA STREET, NORTH OF UNICORN10 STREET IN THE RD-M ZONE.
An introductory statement was presented by Mike Holzmiller indicating that this project meets all development standards and design criteria of the condominium ordinance. He noted an addition to Resolution 1720 on page 3, Condition 1 should indicate exhibits A, B, C & D dated November 3, 1980 and Exhibit F dated July 8, 1980. He further noted that a letter had been received from the owners of an adjoining property, Mr. & Mrs. Leonard M. Thorp, requesting that should this project be approved then a 6 ft. high solid masonary wall be erected to prevent an invasion of privacy. A copy of the letter had been given to each of the Commissioners.
Bill Hofman, with the aid of wall map exhibits, detailed the Staff report of October 8, 1980, describing the project amenities all of which were well integrated in the total design.
Chairman Marcus then opened the public hearing at 7:lO P.M.
The Commission recognized Steve Baskill, 13427 Calle Covina, Poway, the architect for the project, who advised that it would be no problem adding a 6 ft. high wall if required.
The Commission then recognized Mr. Tom Gade, an Attorney representing the applicant, who also confirmed that erection of the wall would present no problem.
Commission discussion covered the height and type of wall which should be erected. Based on the findings, and subject to the addition of Condition 19 specifying the inclusion of a 6 ft. high solid wall, and in addition specific mention being made in Condition 6 that heavy landscaping between this property and the adjoining residential property be provided, the Commission adopted the following Resolution:
RESOLUTION NO. 1720 RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON PROPERTY GENEWLLY LOCATED ON THE EAST SIDE OF CACATUA STREET NORTH OF UNICORNIO STREET.
MOTION: LARSON SECOND: ROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
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2. CT 80-31&P-113 - EVENT PROPERTIES - REQUEST FOR A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 9 UNITS ON THE NORTHWEST CORNER OF UNICORNTO STREET AND CACATUA STREET IN THE RD-M ZONE.
The introductory statement was presented by Mike Holzmiller who indicated that while this project is by the same architect and very similar to the previous one, the major issue with this application is one of density. He advised, for the Commissioners' information, that Staff has been working on a better more quantitative method of determining the specific density allowed for a project given the density range indicated for the property by the General Plan. This method would incorporate a numerical rating or point system. It was not ready at this time so for this application Staff was using actual wordage in the General Plan.
Bill Hofman, with the aid of wall map exhibits, detailed the Staff report of November 12, pointing out that the applicant met basic development standards of the condominium ordinance but has not provided. sufficient amenities over and above that to justify the high density. Because of the close proximity to R-l zone property, and given the lower density to the north and west, it was felt the site would best be utilized as a transition zone.
Chairman Marcus then opened the public hearing at 7:30 P.M.
The Commission recognized Mr. Tom Gade who, together with the architect, Mr. Steve Baskill, presented their feelings on the project. Mr. Baskill indicated it was felt in earlier discussions with Staff that they had received indications that if certain conditions were met this project would probably receive approval. In detailing the design aspects of the project, he pointed out that there was no way he could exclude some of the units to make the Commission's approval of the project.
Mr. Gade then pointed out that he believed from the zoning and ordinance as it now stands this project meets every condition. While it is at the high end of the density, it is within the RD-M zone requirements. He pointed out that a swimming pool and sauna had been added. He further stated that surrounding properties had RD-M zoning and it was felt approval should be given to this application.
The Commission then recognized Mr. Don Brown who expressed the opinion that any time you had a pool for 9 units in addition to private balconies, it should be considered sufficient amenities. He was a little appalled at Staff's opinion. He felt there was plenty of open space and amenities for the project.
Since no one else wished to speak, the public hearing was closed at 7:41 P.M.
Based upon discussions, the Commission adopted the following motion:
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THAT THE PUBLIC HEARING ON CT 80-31/CP-113 BE REOPENED AND CONTINUED UNTIL THE MEETING OF DECEMBER 10 AND RETURNED TO THE COMMISSION AT THAT TIME WITH A GRAPHIC DEPICTING THE
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ADJACENT RESIDENTIAL ZONING IN AREA AND A RESOLUTION RECOM- MENDING APPROVAL WITH CONDITIONS CONTAINED THEREIN BASED ON FINDINGS THAT THE PROJECT IS CONSISTENT WITH LAND USE ELEMENT AND SUFFICIENT AMENITIES EXIST ON SITE TO SUPPORT PROPOSED DENSITY OF 19.25 DWELLING UNITS
MOTION: LARSON SECOND: ROMBOTIS AYES: CHAIRMAN MARCUS, LEEDS, FRIESTEDT
PER ACRE.
COMMISSIONERS AND L'HEUREUX
3. ZCA-129, CITY 'OF CARLSBAD - AN AMENDMENT ORDINANCE TO MODIFY PARKING REQUIREMENTS
ROMBOTIS, LARSON,
TO THE ZONING IN THE R-W ZONE.
Bill Hofman presented the Staff report of November 12, detailing recommended revisions to parking regulations in the R-W zone Section 21.22.110, the Condominium Ordinance Section 21.47.130 and Section 21.47.130(2) (C) and the Parking Ordinance covering Tandem Parking, Section 21.44.130(5) (B).
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Mr. Hofman indicated there had been opposition expressed to the amendments and letters had been received from Mr. Bob Pearson of Encinitas, G.W. Paulin of San Clemente, Mr. Jack Reed of Capistrano Beach and Mrs. Sally S. Kristof of Carlsbad, indicating a desire to have the Commission reconsider and not make any decision tonight.
Chairman Marcus opened the public hearing at 8:15 P.M.
The Commission recognized Mr. Don Brown who is the owner of a 40 ft. frontage property in Bristol Cove on Park Drive. Mr. Brown advised that he had not received notification of this meeting. He commented that he felt tandem parking in Bristol Cove was acceptable and that there was no problem with this type of parking in the area. In his opinion the only problem was one of enforcement. He was opposed to the city amending this ordinance and particularly since it would affect owners of smaller frontage lots. He felt there was ample parking in the area since Cove Drive was not narrow in its entirety and provides plenty of street parking. He felt the whole problem had been greatly exaggerated.
Chairman Marcus asked if Staff wished to reply on the notification issue and Mike Holzmiller advised that under a zone code amendment to the zoning ordinance the city is not required to notify indi-vidual property owners. However, in this case property owners had been notified and the list indicated that Mr. Brown was one of these.
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The Commission then recognized Mr. Alan Burston, 1710 Daffodil Place, Carlsbad, an Attorney representing the Bristol Cove Property Owners Association, who read a resolution from the Board of Directors of the Association, He further reiterated the points raised by Mr. Brown and expressed the concern of the Association
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over the proposed zoning ordinance amendment. He commented that many owners are from out of town and in residence only on week- ends so the problem is evident exclusively at that time of the week.
The next person recognized by the Commission was Mr. Victor H. Arndt, President of Bristol Cove Property Owner's Association, who commented that the Association had been in discussion with Mr. Dossey of the Engineering Department regarding parking in the area. He also felt the ordinance should not be amended and commented that the Association was working out a solution to any problems with the City. It was felt this could resolve the situation without any action by the Commission on the matter.
The Commission then recognized Mr. Walter Bills, a resident of Park Drive, who made similar comments to previous speakers. He felt the only problem was a speeding one since there are no signs in the area limiting this.
The next speaker was Mr. Henry Van Dyk, 4747 Marina Drive, Carlsbad, who advised he had lived in the area for 4 years and felt the only time there was a problem in the area was on weekends. He commented that the parking problem had been sorely overrated.
Mary Ann Hassel, Secretary of the Bristol Cove Property Owner's Association was the next speaker who also added her opposition
_- to the proposed amendment to the ordinance.
Finally, Marion Lafferdink, 4576 Cove Drive, Carlsbad, expressed her opposition to the proposed ordinance amendment and further commented that she felt speeding was the main problem in the area and not parking.
The public hearing closed at 8:40 P.M.
Commission discussion centered on the possible future repercussions to property owners in Bristol Cove should this ordinance amendment take effect.
The following motion was then adopted:
THAT THE COMMISSION VOTE TO DEFER CONSIDERATION OF ZCA-129 TO NO LATER THAN THE FIRST MEETING TN MARCH AND REQUEST STAFF WORK WITH THE ASSOCIATION TO TRY TO IDENTZFY THE ELEMENTS WHICH ARE SPECIFICALLY OF CONCERN IN RELATION TO THE PROBLEM WITH PARKING AND THE SPEED REQUIREMENTS IN THE AREA OF BRISTOL COVE.
MOTION: COMMISSIONER FRIESTEDT SECOND: COMMISSIONER LARSON
AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
'RECESS
The Commission recessed at 8:47 P.M. and reconvened at 9:Ol P.M.
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4. ZCA-128, C'-* OF CARLSBAD - AN AMENDMF- TO THE ZONING ORDLNANCE Tl., ALLOW WINDMILLS WHICH EXCbtiD THE HEIGHT LIMITATION OF THE UNDERLYING ZONE UPON APPROVAL OF A CONDITIONAL USE PERMIT.
Mike Holzmiller presented the Staff report of November 12, advising that this amendment to the height limitation for windmills was a result of an application by Pea Soup Andersen. It was felt by Staff that the City should consider allowing the height restriction to be exceeded for a functional windmill in any zone in the city as long as it was not objectionable or detrimental to surrounding property.
Commissioner Marcus then inquired if anyone wished to speak either for or against this amendment, and since no one came forward the public hearing was closed.
Discussion by the Commission covered problems associated with allowing windmill construction and the potential problems this could cause. Commissioner Friestedt felt that more specific language was needed in the proposed 'amendment to reflect the items which would be considered when reviewing a request for a windmill. The Assistant City Attorney advised that if the Commission felt uneasy with this particular proposal and would like some study there was a problem with carrying out the Council's desires on Pea Soup Andersen. Et was, therefore, suggested that a specific exemption be granted in the CT zone. If there was a desire to study alternative energy generation he suggested that staff could proceed on a different level to come up with standards more acceptable to the Commission.
Based upon discussion, the Commission adopted the following resolution:
RESOLUTION NO. 1722 RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.42, SECTION 21.42.010(2) OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION (AA), WITH THE REPLACEMENT OF THE WORD "INTEGRATED" WITH THE WORD "COMPATIBLE", TO ALLOW WINDMILLS WHICH EXCEED THE HEIGHT LIMIT UPON APPROVAL OF A CONDITIONAL USE PERMIT.
MOTION: ROMBOTIS SECOND: LARSON AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON AND LEEDS NOES: FRIESTEDT AND L'HEUREUX
A further motion was then adopted as follows:
THE COMMISSION RECOMMEND TO STAFF THAT THEY DEVELOP A SPECIFIC POLICY IN REGARD TO WINDMILLS AND HOW THEY MIGHT BE USED WITH CONDTTIONAL USE PERMITS AND THE CRITERIA THAT ALLOWS THEM TO BE INTEGRaTED WITH AND COMPATIBLE WITH BUILDINGS AND STRUCTURES FOR WHICH THEY ARE DESIGNED SO THEY DO NOT CAUSE DETRIMENTAL EFFECT TO ADflACENT PROPERTI'ES.
MOTICON : FRTESTEDT SECOND: ROMBOTTS AYES: CHArRMAiN MARCUS, COMMXSSTQNERS ROMBOTIS, LARSON, LEEDS, FRJESTEDT AND L'HEUREUX
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5. ZCA’1’2 7’, CXTfc OF CARL'sBAD - AN AMENDMENT TO THE ZONXNG CODE TO REQUIRE FINANCTAL RELOCATTON ASSXSTANCE TO TENANTS WHEN A CONDOMTNIUM CONVERSION IS APPRCYVED AND TO RECOMMEND LIFTING OF THE MORATORIUM ON THE PROCESSING OF CONDOMINIUM CONVERSION PROJECTS.
The Staff Report of November 12, was presented by Mike Holzmiller who advised that this item was being considered at the direction of the City Council after they had thoroughly reviewed the issue of development regulations for conversion projects and alternative provisions for assistance to displaced tenants. The Council had directed a new section be added to the ordinance to include a requirement for tenants to receive an amount not to exceed one month's rent.
The Commission then discussed the proposed wording of the new section of the ordinance, and more specifically the exact timing of payment of the month's rent to a tenant being relocated.
Chairman Marcus then opened the public hearing at 9:40 P.M.
The Commission recognized Mr. Terry Sheldon who advised he had handled a number of condominium conversions and was familiar with all aspects of how tenants are treated. He also informed the Commission that he felt the proposed ordinance was very clear, and as a developer there was no doubt in his mind about the requirement to pay a tenant the maximum of one month's rent.
There being no one else wishing to speak, the public hearing closed at 9:45 P.M.
After further discussion and based upon findings, together with a change in the second sentence of the ordinance to read "A sub-divider shall provide relocation and moving costs in an amount equal to one month's rent", and the suggestion being made to City Council that consideration be given as to whether or not a tenant is in good standing, whether the payment should be a rent credit or cash payment and the timing of such, the Commission adopted the following resolution:
RESOLUTION NO. 1724 RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.47 OF THE CARLSBAD MUNICIPAL CODE (CONDOMINIUMS AND CONDOMINIUM CONVERSIONS) BY MODIFYING SECTION 21.47.160(2) TO EXTEND THE TIME PERTOD FOR TENANTS IN A PROPOSED CONDOMINIUM CONVERSION PROJECT TO HAVE AN EXCLUSIVE RIGHT TO PURCHASE AND BY ADDING A NEW SECTION 21.47.170 TO REQUIRE FINANCIAL RELOCATION ASSISTANCE FOR DISPLACED TENANTS.
MOTION: LARSON SECOND: ROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
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The Wnmission then adopted the following resolution:
RESOLUTION 1725 RECOMMENDING TO THE CITY COUNCIL THAT THE MORATORIUM ON THE PROCESSING OF PROsECTS FOR THE CONVERSION OF EXISTING STRUCTURES TO CONDOMINIUMS BE REPEALED,
MOTION: LARSON SECOND: ROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
NEW DISCUSSION
6. CH;,;;", PALOMAR TRANSFER 'STATION - ANNUAL PERFORMANCE .
Mike Holzmiller presented the Staff report covering conditions imposed upon the conditional use permit and the concerns regarding several aspects of the operation. Staff has met with County staff who have indicated, in a letter dated October 30, 1980, their compliance with respect to the areas of concern. Based upon this report, Staff feels that the conditions for an annual report and review have been fulfilled. The County has also indicated that they have a crew policing the trash problem in the area every Wednesday so this requirement is also being met.
The Commission then adopted the following motion:
THAT THE COMMISSION ACCEPT THE ANNUAL PERFORMANCE REPORT
MOTION: L'HEUREUX SECOND: FRIESTEDT AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
WORKSHOP SESS.ION
Mike Holzmiller advised that there were no written reports for the workshop session and these would be given verbally.
7. UPDATE ON ADVANCE 'PLANNING PROJECTS
Patrick Tessier presented the Staff report and, with the assistance of the overhead projector, gave a brief update on proposed Master Plans for Carlsbad Oaks and Ranch0 Carrillo. He then advised that the Mello Bill LCP involving the three properties of Occidental, Ranch0 La Costa and Standard Pacific, was approved by the State Commission on October 1. Mr. Tessier then informed the Commission that P,R.C. Toup's recommendation had been received for the remainder of the Coastal zone. Their plan was presented to the City at a workshop on October 16 of this year. Recommendations have been made and Regional Staff hearings will be held in February. The State Staff will then hold hearings'in April and current legislation requires that the total LCP be adopted and certified by the State by Duly 1,
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8. UPDATE 'ON RECENT HOUSING 'LEGISLATION
-c- The Assistant City Attorney commented that the past year has shown significant changes in housing legislation. He advised that a 12 page memorandum would be going to the Commissioners detailing the new legislation. Some of the items discussed were that the City must make certain findings before taking any action which might limit housing, cities cannot discriminate against mobile homes placed on any R-l lot, new requirements for General Plan housing elements and the requirement that the City must zone sufficient sites to make adequate housing available at the lowest possible cost.
9. DISCUSSION ON INTENT '& PURPOSE 'OF ‘PUD 'ORDINANCE
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Mike Holzmiller indicated that, while this was not a public hearing, there were people present who wished to speak on this subject. He spoke of Staff's concern that the flexible standards of the PUD are being used by developers of lots on which it is difficult to build. While Staff does not object to this, it is their feeling that in return for allowing flexible standards the overall design of the project should be something reflecting imaginative, creative or innovative planning for the development. However, some of the plans for the difficult to build lots are not what it is felt the PUD ordinance says. He advised that two examples of this would be shown and suggested that perhaps a new ordinance amendment should be considered to eliminate some of the specific requirments which these example projects would be unable to meet. He then introduced the first project off Highland and Forest Avenue and advised that Bill Hofman would make the presentation.
With the aid of graphics, Bill Hofman pointed out that this property is made up of legally non-conforming landlocked lots on a private driveway and discussed the problems of prior access, underlying zoning and mentioned that the PUD in this case is simply a mechanism to reduce underlying zoning without any trade off to the City.
The second property on Highland and Magnolia was then introduced by Mike Holzmiller and once again Bill Hofman showed the Commissioners the problems associated with this property and the similarity to the first project. He pointed out that it was felt some guidance and direction should be given by the Commissioners regarding how the PUD ordinance should be utilized.
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Discussion then took place concerning the problems associated with certain developments and Commissioners expressed their feelings that perhaps it should be researched to see if there is a possible mechanism which would allow development of these difficult lots. They agreed with Staff that it was their feeling the PUD was to be used only for innovative and creative planning and not as a method for circumventing normal requirements.
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Chairman Marcus indicated that persons present who wished to speak on this subject were welcome to do so2
The Commission recognized Mr, Ed Betterton who advised that the suggestion to develop the Highland and Forest Avenue property under the PUD had come from the Planning Department. He stated that he had read a copy of the PUD ordinance and found it somewhat nebulous on the requirement regarding recreational areas. He described the intended lots in this project and pointed out certain requirements which could be met on the property. He further pointed out certain advantages to the City in converting existing non-contributing real estate into a tax base without any appreciable difference in services being required. He then expressed his willingness to follow any recommendations of the Commission to develop this property.
The Commission then recognized Mr. Joe Sandy, the applicant on the Highland and Magnolia project, who reiterated some of the same points raised by the previous speaker.
Based upon discussion, the Commission then adopted the following Minute motion to be sent to the City Council.
THAT THE COMMISSION WISHES TO EXPRESS ITS CONCERN ABOUT INFILL AREAS IN THE DEVELOPED AREAS OF CARLSBAD FOR THOSE LOTS WHICH CANNOT BE DEVELOPED UNDER THE CURRENT PUD ORDINANCE OR THROUGH PANHANDLE LOT DEVELOPMENT.
- MOTION: LARSON SECOND: ROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
RESOLUTION OF INTENT
The Commission adopted the following resolution:
RESOLUTION OF INTENTION NO. 166, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL PLAN FOR PROPERTY LOCATED EAST OF EL CAMINO REAL, WEST OF THE EASTERN CITY BOUNDARY, SOUTH OF FUTURE CANNON ROAD, AND NORTH OF PALOMAR AIRPORT ROAD.
MOTION: ROMBOTIS SECOND: L'HEUREUX AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT AND L'HEUREUX
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APPROVAL 'OF MXNUTES
The Minutes of the meeting of October 22, 1988 were approyed
MOTION: SECOND: AYES: ABSTAIN:
LARSON ROMBOTIS COMMTSSIONERS ROMBOTES, LARSON, LEEDS AND FRIESTEDT CHAERMAN MARCUS AND COMMESSZONER L'HEUREUX
The Minutes of the meeting of October 1, 1980 were approved
MQTEON: SECOND: AYES: ABSTAIN:
LARSON ROMBOTIS COMMESSIONERS ROMBQTIS, LARSON LEEDS AND FRTESTEDT CHAIRMAN MARCUS AND COMMISSTONER L'HEUREUX
Mike Holzmiller advised that Staff had attempted to schedule December meetings around Christmas week. However, 10 public hearing items- are scheduled for the first meeting that month and a further 10 for the next meeting which normally would have been on December 24. The Commissioners then agreed that they would be willing to hold two meetings in a row and these should be scheduled for December 10 and December 17.
- By proper motion the Commission adjourned at 11:17 P.M.
Respectfully submitted,
JAMFSC.HAGAMAN Secretary to the Planning Commission
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