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SR-120997-6C.~ PCD SF KG AS PF f 1planlsharelcouncillstoas1sr97003 ~~ 9~s~~ Counc~l Mtg December 9, 1997 Santa Mornca, Califo TO Mayor anc! C~ty Cour~c~l FROM C~ty 5taff SUBJECT Certi#ication vf Statement of Qff+c~al Act~on for Appeals of tf~e Planning Commiss~an Appro~al of Cond~t~onal Use Permit 97-003 at 191 ~ 4cean Avenue INTRODUCTION This report transm~ts for City Council certi~cation the Statement af Official ActGOn for Appeafs 97-0~2 ar~d 97-0~5 of Plar~nEr~~ Comm~ss~or~ approval ot Cond~tional Use Perm~# 97-003 to allaw the Essuance of Type-47 (On-Sale Genera! Eating Place}, Type-66 (Controlled Access) and Type-68 ~Portable Bar) alcohol licenses to be used in con~unctian wrth ti~~ operat~on vf art ex~stmg ~otel located at 191 Q Oc~an A~enue ar~d the annuai contr~bution of $50,000 (with an annual escalatian based upon the local Consumer Price index) to the Cjty of Santa Manica's transit shuttle serv~ce program The contnbution Es to be paid on a fiscal year basis witi~ fhe f~rst payment due upon the completion of fhe finai bu~idEng inspect~on for the renovat~on work The f~rst payment wilJ be pro-rated from tne begtnning of the fiscal year On October ~5, ~997, the Counc~! den~ed #~e appeals and ~,pheld tY~e Planr~mg Comm~ssian appraval based on the findings and conditions contained in the attached Statement of Off~cial Act~on 1 ~~~ ~ 9 '~~~ ~ --i , ~ ~~ BUDGETI~INANCIAL ~MPAGT The recomm~ndat~ort presented m this report does not ha~e any Inudget or financial impact RECOMMENDATION 1t is respectfully recornmended that the City Council approve the a#tached 5tatement of Qff~cia~ Actian Prepared by Suzanne Frrc~, D~rector of Planning ar~d Cammunity Deveiopment Karer~ Ginsberg, Plannirtg Mar~ager Amanda Schachter, Sen~or Planner Paul Foley, Associate Planner C~ty Planning Divas~on Plar~ning and Cammunity Development Department Attachmer~ts A Statement of Official Acfion 2 ATTAGHMENT A . ~?;J ) s ~ CITY OF SANTA MONICA CITY C4UNC~I, STATEMENT OF ~FFICI~L ACTION $ROJECT CASE Iti'UMBER LOCATION APPLICANT CASE PLA.~VNER CUP 97-003 1910 Ocean Avenue Edward Thomas Management Company P~ul Fo1ey, Associate Planner REQL7EST A~p~~cat~on for Cond~t~ona] Use Permit to allow the ~ssuance of Type-47 (On-Sale General Ea~ing Place), Type-b6 (Controlled Access) and Type-68 (Portab~e Bar) alcohol hcenses to be used ~n con~unctian witf~ the operation of an e~stmg hotel ~ocated at i~10 Ocean A~~er~~e and an annua~ conrnbUt~on ~f ~50,000 (~v~th an annua~ escalatian based upon the lacal Consumer ~r~ce Index) to the C~ty of Santa Monica's transit shuttle serv~ce progaram CEQA STATUS The praJect ~s catego~cally exempt from the ~rov~sions of CEpA pursuant to Class I of the State Gu~delines in that the approvai of the issuance ofalcohol ~censes at the sub~ect property constjtutes a minor alterat~on to an existmg use when tt~ere ~s no expansiqn of use beyond ~~hat was pre~iaus~y e~stmg an tne stte CITY COUNCIL ACTION 10/15/97 Date 1 ~- ,~ .. r 1 ~'~ r ~y ~ Approved based on the faSiow~ng find'sngs and sub~~ct to tf~e condit~ons below Densed Other ~~FECTNE DATEiS) OF ACTIQN(Sl 10/15/97 Conditional Use Perm~t 97-003, ~f nghts nat exerc~sed EXPIRATION DATEf51 OF ANY PERMITS GRANTED: 4(1$/99 Condjtional Use Permit 97-00~, if rtghts not exercised LENGTH OF ANY POSSIBLE EXTENSION 4F EKPIRA'ITON DATE BY ZONING D I R• Any request far an extension of t~e expirat~an date must be rece~ved m the Crty Plannmg Div~sron pnar to exp~ratian of this perm~t 6~onths Cand~tional Use Perrrut 97-003, if nghts nat exerc~sed CONDITIONAL USE PERMIT FINDFNGS The proposed use is one conditianally perm~tted witlun the sub~ect dtstnct and cornplies w~th ali of the agphcable provisions of the "City of Santa Moruca Gomprehensive Land Use and Zorung Ordinance", tn that the proposed sale af alcohal~c beverages in connect~on with the hotel restaurant, lounge and bar, pnvate funcrian rooms, pooi area, guest rooms and roam sernce ~s condrtionally permrtted pursuant to SMMC Section 9 44 ~0 18 030 2 The propased ~se would not unpau~ the integnty and character of the d~stnct in wtuch it ~s to be establ~shed ar located, En that the area ~s charact,ertzed hy a ttux of cammerc~al and res~cfential uses, ~ncludEng a hotel d~rectiy across P~co Soulevard and apartm~nts ta the ~ast T~e areas of the hotel in whtch alcohol~c beverages will be ava~lable are wsthin the huildmg or oriented away from resident~al uses when located outdoors The propased sale and serv-ce of alcoholic beverages w~lE be an ~ncidental companent to the opecat~on of tlte hote~ and is des~gne~ to serve the needs of the guests and v~sitors to the hotel which has been operational since the 1920's 3 T~e sub~ect parcel ts ~4-ys~ca~~y sustabte for the type of ia~d use being proposed, in that the pazcel is fully developed w~th t~e ex~st~ng hotel wh~ch will be renovated and remodeled into a hotel and the sale and service of alcoholic beverages vv~ll take plaee pr~n~arily wit}un the 2 ~~' -~1C ~ build-ng with ~mited areas of service outdaors to hotel guests on the west side af the b~slding which is onented away from the more sensitive res~dential land uses in the area 4 The praposed use is compatible wtth any of the land uses presently on the sub,~ect parcel if the present land uses are to rernain, in that sale and service of alcohohc beverages is an mtegral but incidental component of hotel operations designed to serve the needs of the guests and visstars to the hotel 5 The proposed use would be compatib~e with exist~ng and penn~ss~ble land uses wittun the d~strict and the general area in wtuch the proposed use ~s to be locateci, in that the area ~s characterized hy a m-x of commercial and res~dential uses, mcludzng a hotel directly across Pico Boulevard and apartments to the east The areas of the hote~ ~n which alcohalic beverages vvill be availabie are vv~thu~ the build~ng or onented away from resident~al uses whex~ lacated outdoors The praposed sale and service of alcohol~c beverages wi11 be an incidental compc~ner~t to the operat2on of the hotel and ~s de~~gned to serve the needs of the guests and visrtors to the hotel wtuch has been operat~onal s~nce the 1920's 6 There are adequate prov~syor-s for water, sarutation, and public utElrt~es and se~v~ces to ensure that the prvposed use woulc~ not be detnmental to publFC heatth and safety, in that the srte is located ~n an urbanized area adequately served by existing infrastructure and the reno~atian af the hotel will include the upgrading af alt on-site utthty systems to current standards The praposed sale and serv~ce of alcohahc beverages w-ll not affect the demand for publjc utilrt~es ar services ? Pub1~c access to the ~roposed use w~II be adeq~ate, in that par~ng wi11 be available in a 127- car parking lot located at 1828 Ocean Ar~enue and the proposed saie and serv~ce of alcohol~c beverages are inciaenta~ activities to hotei operations and will not increase the demand for parking on-s~te 8 The physical lacation or placement of the use an the s~te is compat~ble wjth and relates harmoniously to the surrounding neighborhood, ~n that the afea is charactenzed by a mix of commercial and resident~al uses, lncluding a hotel d~rectly across Pico Boulevard and apartments to the east The areas of the hotel in which alcohalic beverages wsll be a~ailable are w~thin the build~ng or onented away fram residential uses when located outdoors The praposed sale and service of alcoholic beverages will be an ~nc~dental component ta the operat~4n afthe hatel and is designed to serve the needs of the guests and ~isitors to the hotel wh~ch has been operat~onaf since the 1920's 9 The proposed use is consistent w~th the goals, ob}ectives, and policies af the General Plan, u~ that the sale and serv~ce of alcoholic beverages ~s an ~ntegral but ~nc~dental cam~anent to hatel operatsons and is intended to meet the needs of guests and ~~sitors to the hotel which is cons~stent vv~tt~ Land Use Po~~c~es 1 5, ~ 5~ an~ ~ 5 4 of the C~ty's Lar~d Use Elemer~t of the General Plan w}uch call for the provisson of v~srtor accamrnodations m the aceanfront area and tl~e ertcouragement of day ar~a rugt~t pedestr~an-actirnry along Main Street, 4cean Avenue 3 'i ~ U and trie Prame~ade 10 The proposed use would not be detnmental ta the publ~c mterest, health, safety, converuence, or general welfare, jn that the ~raposed sale and service of alcohol~c beverages w~ll wou~d occur at an exist~ng hotel, will not mtensify t~e hotel use and are proposed to be located wit~un the building ar outdoors away fram res~dential uses in the area 11 The proposed use conforms precise~y to the appl~cable perfarmance standards cantasned in Subchapter 9 04 12 a~d specia] condytsons autlined in Suhchapter 9~4 14 of the City of Sa~ta Monica Comprehensive Land Use and Zorung Ord~nance, in that no performance standard permit is required per Subchapter 9 04 12 and the spectal condtt~ons autlmed ~n Subchapter 9 04 14 do not apply to this appl~cation The pro~ect will comply w~th the requirements of Part 9 04 1~ 18 of the Zaning Ord~nance w}uch apply to Alcohol Outlets 12 The proposed use will noc result in an o~erconcentration v£ such uses zn the ~mmediate ~icin~ty, ~n that the proposed sale and service of alcoholic beverages will he m conaunct~on with the operation of an e~stang hotei and will serve the needs of guest and visitors tQ the hotel The proposed sale and service of alcoholic beverages at the sub~ect locatian wi~l nat result ut an averconcentration of alcohol outlets as the immediate area contains oaEy one other identical alcohol outlet, the Shutters-an-the-Beach Hotel and one alcahal outlet with a Type- 48 On-SaIe General Premises license approximately 500' away ~n the Pacific Shore Hotel ALCQHOL OUTLET FIIVDINGS The proposed use and location are ~n accar~anee w~th good zon~ng pract~ce, in the pubi-c interest, and necessary that substantial 3ust~ce be done m that the proposed sale and service of a]cohoLc beverages will occur at an existing hotel as an mc~dental component of the ~otel operation 2 The proQosed use wiil not adversely affect the welfare af ne~ghborhood residents in a significant manr~er in that the areas of the hoteI in wh~ch alcohol~c beverages w~ll be avai~able will occur are wrthm the building or or~ented away from residentia~ uses when located outdoors The propased sa~e and servsce of aScoho3ic beverages w~ll be an inctdental component to the operatio~ of the hotel and ~s designed to serve the needs of the guests and visitors to the hotel wh~ch has been operational s~nce the I920's 3 The proposed use w~Il not contnbute ta an undue concentrat~on af alcohol outlets ~n the area m that the sale and ses-u~ce of alcoholic beverages w~ll be in con}unctton with the aperation of an e~st~ng hotel and will serve the needs of guest and v~s~tors to the hatel In add~t~on, the immediate area canta~ns orily one other alcohol license, the Shutters-on-the-Beach Hotel and one Type-48 l~cense appro~mately 500' away xn the Pac~fic Shore Hote~ 4 The proposed use w~ll not detnmentally afFect nearby ne~ghborhaods cans-dering the d~stance ofthe alcohol outlet to residentia~ build~n~s, churches, schools, hospitals, playgrounds, parks, 4 a~; • "Cafegory Z" R~sh Order Boxes/fdes are delEVered wit~m four hours Orders placed before noan will be delivered by 5 00 p m the same day Orders placed after ~aon will be del~vered by r~oon the €ol~owrng day 7~ere ~s a eharge #o the requesting department This is not as expensi~e as a Category 1 and costs approximately $12 4Dlbox ar file • These costs are charged back to the requesting department/div~sion on an Inter- Departmental Transfer Form whe~ monthly billir~g is completed C~tv of Santa bfamca Records and Informauon hfanagement Ylanual I7zcember 4, 1997 1~ Code, (Zoning Ordinance) and atI other per[ine~t ordinances ana Creneral Plan polictes af the C~ty of Santa Moruca 3 To mitigate salid waste impacts, pnor to lssuance af a Certificate of Occupancy, pro~ect owner shall submit a recyehng plan to the Department of Environmental and Public Works Managemer~t for its approval The recycling plan shall inGlude 1) list of matenals such as w~ute paper, computer paper, metal cans, and glass to be recycled, 2) location of recycimg bins, 3) designated recycLng coardinator, 4) nature and extent of jnternal and external pick- up service, S) pick-up schedule, 6) plar~ to ~nform tenams/occupants of service 4 The operatiort shal( at all tImes be car~ducted in a manner not detrimental to surrounding prope~ties or res~de~ts by reason of ltghts, noise, activ~t~es, par~n~, or other act~ans Environmental Mih~atian 5. Ultra-low flow plumbing fixtures are required on all new development and remode~ing where plumbu~g is to be added (Maximnm 1. b gallon tailets and 1.0 gatlon unnals and ~ow flow shawer head.} Miscellaneous Cond~tions 6. The operation shall at a1I times be conducted in a manner not detnmental ta surrounding properties or residents by reason af I~ghts, noise, actfvities, parking, or other act~ons. 7 Mecharural eyurpme~t shall not be located on the side of any buzlding wh~ch is adjacent to a residential building on the ad~oining lot. Roaf locations may be used wh~n the mechanical equapment ~s installed within a sound rated garapet enclosure S. Final approvai of any mechanical equipment installation w;ll rer~uire a noise test in campliance with SMMC Section 4.12 040. Equipment for the test shali be provided by the owner or cantractor and the test shall be conducted by the awner or contractor. A capy of the nazse test results on mechan~cal e,~uipment shall be subm~tted to the Community Noise Officer for rev~ew ta ensure that nozse levels do nat exceed maximum allowable levels fQr the agplicahle noise zone. 9. 'The project shall at all times comply with the pravisions of the Noise Ordinance (SMMC Chapter 4.12). 10 N1~nor amendments #o the p~ax-s shali be subject to approval by the Director of Planrung A significant change in the appraved concept shall bE sub~ect to Planning Comrrussion Review Qperatio~ shall be in substantial cor~formance with ttie plans subm~tted ar as modified by t~e Planning Comm~ssion, Architectural Review Board, or Director of Planning No expans~on m intensrty of aperatian shall occur wrthaut pnor appro~al from the City of Santa Moruca 6 :~C3 r . and State ABC I1. The applicant shall maintatn 127 parlang spaces at a remote site. 12. Applccaat shall provide an unl~m~ted number of parking spaces at na charge in its parking lot far e~r-ployees who carpool ar part~cipate xn a vanpool and shall subrrut a plan, subject to the rev~ew and approval af the Transportation Manage~nent Coordinator, to fu11y subsidize employees for bus nderslup and ta rebate parlang fees on a monthl_y bas~s to emp~oyees who da not utillze the parking facility 13. Prior to issuance of a building permrt, the applicant shall submrt a pariung and circulation plan ta the Director of Plarui-ng for approval wtuc~ shall include al3 ~eh~cular traffic assoc~ated wit~ the hotel operatsons Alcahol4utlet Condst~ons I4. Prior to t~e issuance of a building permit far the rernadeling, the applicant shail aIso s~bmit a plan descn~2ng the hotel's design~ted dnver program, wh~ch shall be offered by the applicant to the establishment's patror~s. The plar~ shall spec~fy how the operator will inform patrons of the program, such as offenng on the menu a free nan-alcoholic drink for every party of twv or more order~ng alcahalic beverages. 15 Pnor to the ~ssuance of a bu~lding permit for the remodeling, the appilcant shall subrrut a plan for approval by the Director of Pianrvng regarding ern~layee alcohol awareness traming programs and policies The pIan sha[~ out[ine a mandatoiy alcohoi awareness training program for a~l employees hav~ng cor~tact w~th the p~zblic and shal~ state management's policies addressing alcof~ol consumptian and ~nebnation The operator shall pro~~de the City w~th an annual report regarding comphance rvtth tlus condityon Th~s pro~ect shal! be sub~ect to any future Crty-w~de alcoho! awareness trairung program candrtion affecting s~rrnlar estabUshments 16 The applicant shall grohib~t io~tenng and controi no~sy guests, patrons and vtsrtars leaving the hotel l7 The pr~mary use of the premises shall be a hotel Alcohol may be ava~lable ta reg~stered guests and their v~sitors, to patrons af the bar and restaurar~t and ta persons atten~~ng pnvate functions in the meeting, banquet and ballraom fac~lit~es 18. Any min~rnum purchase rec~u~rement may be sat~sfied by the purchase of beverages or foad. 19. No aicohohc beverage shall ~e sotd far consumpt~on beyond the premises 7 ~1 j ~ 20. Customers shall be permitted tv order meals at the bar ar ;n the launge area at all t~mes the ~ar or restaurant is open far business 21. Except for spec~al events and in the area of the pool de~k, alcohol shall not be served ~n any dtsposahle container such as plast~c or paper cups. 22 Alcahoi ava~lable in guest rooms shal! be st~red wrthm lacked cabcnets where keys v~rill only be rnade a~a~lable to guests of legal drinking age Room serv~ce of a1coE~olic beverages is pernutted to adult guests w~o affer psoof of age ;f sequested by roam service persvnr-el far consumption in their rooms or ad~oirung pnvate patios of rooms located on the first and fourt~ floors Restac~ang aftne controlled access cabinets shal] be perFo~ned m the course of scheduled room service activ~ties and shali not be performed between the hours of 2 00 a rn and 5 00 a m Alcoholic be~erages may ~lso be served or availab~e for purchase to guests in the area ofthe pool deck (2,500 s f) on the fvurth floor Alcohol~c beverages may be served or availabye for p~rchase to persons attend~ng Arivate functivns only v+~tl~n the meetu~g, banquet, and ballraom farilities on the first floor and second floors {7,240 square feet - 350 seats} Alcohal~c be~erages may also be served or available for purchase m the dinmg area (3,360 square feet, 90 seats) ar~d bar and lounge areas (2,830 square feet, I 10 seats including 30 bar seats} on the t~urd #loor Alcohol~c beverages shall not be served frvm 2 OOam to b ODam daily 23 The premises shall mair~tain a i:rtchen or fflod-servmg area in which a vanety of food is prepared and cooked on the prem~ses 24 Bar area sea#mg shall not exceed 30 seats, restaurant seat~ng shall not exceed 90 seats 25 A physical harrier such as a planter or ra~lmg shal~ separate the d~rung area fror~ the bar and lovnge area 26 No dancing or live entertainment is pe~rn~tted ~n the bar area 27 Mmor amendments ta t~e plans shal~ be sub~ect to apgroval by the Director of Planning An increase of more than 10°10 of the syuare footage or a significant change ~n the approved concept shalt be sub~ect ta Plamm~g Go~tutussion Revsew Constructson shali he tn substantial conformance w~th the plans subrrutted or as modified by the Plann~ng Comm~ssior~, Asc~tectural Revtiew Board, or D«ector of PSanntng No expansion t~ numbes of seats, intensrty of operat~an, or outdoor areas st~all occur wzthout pnar appraval from the City of Santa I~'Ioiuca and State ABC 28 No vsdeo or other amusement games snail be perm~tted an the pretmses 29 No more than 35°~0 of total gross revenues per year shall he fr~m alcohol sales The operatar slaall ma~ntain recards of~rass revenue sources w}~ich shail be available to the City $ -l)~~ of Santa Moruca and the State ABC upon request 3~ Within thirty (3~} day5 from date of the appravai of the 5tatement of Offic~al Action, the apphcant shall provide a copy of the appro~ed Statement of Of~'ic~al Action for th~s pro~ect to the iocal afFice of the State Alcaholic Beverage Contro! department 31 Any new restaUrant at the s~te w~th fewer than 50 seats capacity shall ~ns~al! a grease interceptor with rtunimum 750 gallons static holding capacrt} in order to pretreat sewered grease Fac~t~es wuh geater than 50 seats are reyuired to ~nstali an interceptor with 1000 gallans rninimum holciing capacity The Environmer-tal and Publ~c Works Management Department may mod~fy the abave requirements only for good cause Speclfically, the fac~lity must aemonstrate to the sat~sfact~on of the Industr~al Waste Sect~on and Bu~l~}~ng and Safety Divisson that mterceptor anstaliation ~s not feasible at the s~te in c}uest~on In such cases where modifications are granted, grease traps will be requ~red in the place of an ~nterceptor Building Perm~t glans s~ail show the required installation 32 App~~cant is on not~ce that all temporary signage is sub1ect to the restnctions SMNiC Chapter 9 52, the Santa Moruca Sign Cade Validrty af Permits 33 In the event permrttee violates or fa~ls to comply wrth any condrtions of ~pprav~l of thi5 permit, no further permtts, I~censes, approvals or cert~ficates of occupancy shall be issued until such violation has been fu!!y remed~ed 34 W~th1n ten r~ays af Gty P~ann:ng D~v~sion transrr~tta~ of the approvea Statement of O~c~al Aet~on, proJect applicant shall s~gn and return a copy of the Statement of Offic~al Action prepared by the C~ty Plannjng Divis~on, agree~ng to the Condrtions af approval and acknowleagmg that failure ta campi_y w~th such condlt~ons shall const~tute graunds for poter-tia~ revocatron of the permit approval By sigrung same, appl~cant shafl no# thereby waive any lega~ rights applieant may possess regardjng said condjtio~s The signea Statement shall be returned to the Grty Planrvng Dfvis~an Fa~lure to comply wrth tius cond~tion may constitute grounds for patential permit revocat~on 35 Witfun #lurty (34j days from date of the appravaj of the Statement of 4ffic~a~ Act~on, the a~plicant sha~~ protrz~e a copy of the approved Statement of Offic~a~ Acr,an far tt~is pro~ect to the locai office of the State Alcoholac Beverage Contral department 36 This deternunat~on shall not become effectjve for a penod of fourteen days from the date af cieterrnination or, if appeaied, until a final determ~nat~on is made on the appeal Any appeai m~st be made in t~e form req~~red ~r_y the Zorung Ad~unsstrator The approval af th~s permit shall expire if the rights granted are not exerc~sed w~thin e~ghteen (18} mflnths from the permrt's effective date Exerc~se of these rights sha~1 mean obtaming requtted Alcohol 9 '~Z Be~erage Control appro~als One s~x-month ea~tension of the eighteen (18) month genod may be pernutted if approved by the D~rector of Planrung The apphcant ma~~ apply to the Planning CommissEOn for any further extens~on if such request is filed at least one month pnor to the permit's expiraxion, pursuant to SMhZC Section 9 04 20 12 flb0 Apphcant is on notice that time e~ctensaans rnay not be graated if de~elopment standards re~evant to the pro~ect have become more restnctive since pro~ect approval 37 Within tlurty (30} days after final approval of the ~ro~ect, a sign shall be posted on srte stating the date and nature ofthe approval The sign shall be ~osted in accordance w~th the Zaning Admirustrator guidelu~es and shail rerna~n m place until an ABC permrt ~s ;ssued for the pro~ect The sign shall be removed when such a Qernut is ~ssued for the gro~ect or ~pan expiration of the Condit~onal Use Pernut vo~ Ayes.• Ebner, Greenberg, Holbraok, O'Connor, Rosenstein Nays: Feinstein, Genser Abstc~zn: Abseru. If this ts a final decis~on noE sub~ect to further appea~ under the City of Santa Mon~ca Compreherislve Land Use and Zoning Ordinance, the t~me within which Judicial review of this daci~o~ must be sou~ht is governed by Code of Crvil Procedure Section 1094.b, ~uhich provision has been adapted by the City pursuant ta MunrcFpal Code Sect~on 1.16.010. I hereby certify tt~at this Statesnen~ of Ofecial Action accurately reflects the ftnai determination of the City Council af the City af Santa Monica. ` ~ ~ _, - . ~~~_~~~... '.~ ~~,~, ; ~Y , a ~ ~ -~ ~ . Maria S~ewart ~ Date City Clerk I hereby agree ta the abo~e conditions of approval and acknowledge that failure to ~amply with such conditians shall constitute grounrl~ for Qotential revocation of the permit appraval. Applicant's S~gnature Print Name and Title f 1QIanlsharelcouncdlstoaslcup97003 ia x • '~ ~ i