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HomeMy WebLinkAboutCC Min 1995-05-22 I I I 5-8-95 I 5-22-95 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, May 22nd at 6:15 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:04 p.m. Clerk and ex-o y of Seal Beach of the APproved:,-~~4-'-Jh~ Attest: Seal Beach, California May 22, 1995 The City Council of the City of Seal Beach met in regular adjourned session at 6:17 p.m. with Mayor Brown calling the meeting to order. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA With regard to a matter that arose subsequent to the preparation of the agenda, the city Attorney recommended that the agenda be amended, pursuant to Government Code Section 54957, to discuss employment for the City Manager position. Doane moved, second by Hastings, to amend the agenda as recommended. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried It was confirmed that a Closed Session would also be held at the conclusion of the meeting if needed. Laszlo moved, second by Hastings, to approve the agenda as amended. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The City Attorney announced that the council would meet in Closed Session to discuss the items identified on the agenda, a 5-22-95 conference with the City's labor negotiator pursuant to Government Code Section 54957.6 relating to the Orange County Employees Association, a conference with the City's real property negotiator, pursuant to Government Code Section 54956.8, with regard to the Leisure World Library as to price and terms of payment, and employment for the City Manager position pursuant to Government Code Section 54957. It was the 1- consensus of the Council to adjourn to Closed Session at 6:19 p.m. The Council reconvened at 6:58 p.m. with Mayor Brown calling the meeting t~ order. The City Attorney reported that the Council had discussed the items previously identified. ADJOURNMENT Laszlo moved, second by Hastings, to adjourn this meeting until the conclusion of the regular city Council meeting to meet in Closed Session for continued discussions. The meeting was adjourned by unanimous consent at 6:59 p.m. lerk and ex-off1C1 of Seal Beach of the Attest: I Seal Beach, California May 22, 1995 The City Council of the City of Seal Beach met in regular session at 7:10 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brown Councilmembers Doane, Forsythe, Hastings, Laszlo Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, City Engineer Chief Stearns, Police Department Mr. Seymour, Community Services Director Mrs. Yeo, citf Clerk I APPROVAL OF AGENDA Hastings moved, second by Doane, to approve the order of the agenda as presented. Councilmember Forsythe indicated her intent to remove items "0" and "s" from the Consent Calendar for separate consideration. I I I 5-22-95 AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PRESENTATIONS COMMENDATION - OFFICER CHAUNCEY Mayor Brown highlighted the background and accomplishments of Officer Steve Chauncey, a recent recipient of the American Legion Law and Order Award of Merit, and presented Officer Chauncey with a plaqu~ recognizing his achievements and services to the city of Seal Beach as well. PROCLAMATION - NATIONAL AOUATIC WEEK - LOCAL RECOGNITION Mayor Brown proclaimed May 27th through June 4th, 1995 as "National Aquatic Week" and presented copies of the proclamation to representatives of the Recreation Department's McGaugh Pool staff, the Vice President of the Seal Beach Swim Club, and representatives of the city's Lifeguard Department, all having specific interest in aquatic related activities in the City of Seal Beach. RESOLUTION NUMBER 4379 - RECOGNIZING ROBIN CHAMPLIN - GIRL SCOUTS OF AMERICA/COMMUNITY SERVICE ACCOMPLISHMENTS Resolution Number 4379 was read in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RECOGNIZING AND COMMENDING ROBIN CHAMPLIN FOR HER GIRL SCOUTS OF AMERICA ACHIEVEMENTS AND COMMUNITY SERVICES." Mayor Brown presented Miss Champlin with a copy of the Resolution with congratulations on behalf of the city Council. Councilmember Forsythe noted that Miss Champlin is one of a select few chosen by the Long Beach Press Telegram to critique various musical concerts and write a column relating to them for that paper. Miss Champlin accepted the Resolution with appreciation. Forsythe moved, second by Doane, to adopt Resolution Number 4379 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried COUNCIL REORGANIZATION SELECTION OF MAYOR Mayor Brown declared nominations open for the position of Mayor, and nominated Councilmember Hastings. Councilmember Hastings nominated Mr. Laszlo for Mayor. Councilman Laszlo declined the nomination. Doane moved, second by LaSZlo, to close nominations. AYES: NOES: ABSTAIN: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried Mrs. Hastings was declared Mayor for 1995/96. SELECTION OF MAYOR PRO TEN , Past Mayor Brown declared nominations ope~ for the position of Mayor ProTem, and nominated Councilmember Doane. Mayor Hastings nominated Councilman Laszlo. The City Attorney advised the Council to vote on the nominees for Mayor ProTem in the order in which they.were nominated. By unanimous consent, nominations were declared closed, and the vote to select Councilman Doane as Mayor ProTem was: AYES: NOES: ABSTAIN: Brown, Doane, Forsythe, Laszlo None Hastings Motion carried Mr. Doane was declared Mayor ProTem for 1995/96. 5-22-95 Mayor Hastinqs requested that Past Mayor Brown continue to preside over this meetinq, stating that she would assume the mayoral duties at the next meeting. Mayor Hastinqs also presented Past Mayor Brown with a wooden qavel plaque commemoratinq his service to the community as Mayor for 1994/95. ORAL COMMUNICATIONS I Past Mayor Brown declared Oral Communications open. Mr. Ron Okubo, Seal Beach, suqqested there be a chanqe made to the siqns posted at the storm drains, rather than merely sayinq 'no dumpinq' and the Municipal Code citation, that they specify a reason for no dumpinq such as 'drains to the ocean', this beinq a means of educatinq the pUblic, and could possibly be implemented throuqh a volunteer service orqanization such as the Scouts. The Past Mayor noted that a number of suqqestions are beinq looked at, one of which could be the installation of a pole markinq storm drain locations for use in instances of severe floodinq. Staff was asked to consider the suqqestion and report back to Council at some future date. There beinq no further comments, Oral Communications was closed. APPOINTMENT - ARCHAEOLOGICAL ADVISORY COMMITTEE Mayor Hastinqs asked that the District One appointment to fill the vacancy on the Archaeoloqical Advisory Committee be held over until next meetinq. CONSENT CALENDAR - ITEMS "F" thru "s" Councilmember Forsythe reiterated her request to remove Items "0" and "s" for separate action. Doane moved, second by Hastinqs, to approve the recommended action for items on the Consent Calendar as presented, except items "0" and "S". F. Approved the waiver of readinq in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be qiven by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. I G. Approved the minutes of the May 8th, 1995 reqular meetinq. H. Approved reqular demands numbered 8884 throuqh 8888 and 8890 through 9031 in the amount of $350,656.79, and payroll demands numbered 11558 through 11758 in the amount of $241,186.84, and authorized warrants to be drawn on the Treasury for same. I. Received and filed the staff report and authorized the Mayor to siqn the response letter, as recommended by the Environmental Quality Control Board, to the Seal Beach Naval Weapons Station, Installation Restoration Program, Draft Technical Memorandum, Stationwide Backqround StUdy. I- Received and filed the Monthly Investment Report as of March 31, 1995. K. Held second readinq and adopted Ordinance Number 1395 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 1B OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO CAMPAIGN FINANCING." By unanimous J. I I I 5-22-95 consent, full readinq of Ordinance Number 1395 was waived. L. Authorized lendinq of the city's name to a letter brief in support of the County of Madera in a housinq element case, Harris versus County of Madera. Approved Resolution Number 4380 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1995- 1996 AND THE ISSUANCE AND SALE OF 1995 TAX AND REVENUE ANTICIPATION NOTES THEREFOR." By unanimous consent, full readinq of Resolution Number 4380 was waived. M. N. Approved the plans and specifications for reconstruction/overlay of streets in the Old Town area, portions of 5th Street, portions of Main Street and portions of Electric Avenue, and authorized the City Manaqer to advertise for bids. P. Approved lease extension number four for the use of City owned real property (Zoeter School site) by Sun 'N Fun Co-op for the term commencinq July, 1995 and endinq June 30th, 1996. Received and filed the Monthly Investment Report as of April 3D, 1995. Q. R. Approved Resolution Number 4381 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AND FIRST INTERSTATE BANK; AND AUTHORIZING ALTERNATE SIGNATURES AND RESCINDING RESOLUTION NUMBER 4301. II By unanimous consent, full readinq of Resolution Number 4381 was waived. AYES: NOES: Brown, Doane, Forsythe, Hastinqs, Laszlo None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - RESOLUTION NUMBER 4313 - PARKS/ATHLETIC FIELDS - RESERVATION POLICIES/PROCEDURES/RULES Councilmember Forsythe requested that this item once aqain be removed from consideration, and offered to work with staff to make further revisions. Mayor Hastinqs n~ted that Section 1.1 of the Resolution sets forth the parks in which the proposed requlations would apply, pointinq out that the Green Belt park has not been included. The City Manaqer explained that the Green Belt is not an active park, the intent of the Resolution is to set forth criteria for makinq reservations, and that reservations are not allowed for the Green Belt except throuqh the special event process. Mayor Hastinqs suqqested that lanquaqe be included to that effect, that Section 2.3 be amended to require the submittal of applications five, rather than three, days prior to the event date requested, and that Section 3.4 be amended to include the possession of knives. Councilman Laszlo noted that Sections 2.3.1 and 2.3.2 identifies the communities of Seal Beach, Los Alamitos, Rossmoor, and Surfside, 5-22-95 pointing out that Surfs ide is and should fall within the community of Seal Beach. The City Attorney advised that staff would also prefer a five day period for submittal of applications prior to an event date however there have been cases where the court has determined that three days is reasonable. He suggested a Council sub-committee to work with staff to finalize the proposed procedures and requlations. I Council indicated a consensus that Councilmember Forsythe and - Mayor Hastings act as the sub-committee. ITEM "s" - ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT Councilmember Forsythe noted that when CalTrans resurfaced Pacific Coast Highway they did not replace the bicycle lane, apparently due to safety issues and liability, pointed out that there are monies in the Bicycle/Pedestrian Improvement Fund, and inquired as to the de1ree of liability if the City were to repaint the bicycle lanes from bridge to bridge. The city Attorney reported there has been a number of discussions with the County with regard to liability, there is possibility that a case could be made that it is the County's responsibility, however if CalTrans or the county determines that due to safety reasons they will not replace the lane, yet the city does so, the City could be assuming the liability. Councilmember Forsythe questioned on the other hand if there could be negligence by not providing the bike lane through Seal Beach in that they exist on other areas of the Highway, question was also posed as to whether CalTrans could be held liable by not providing the lane only on the Seal Beach portion of the Highway. The City Attorney offered to look into this issue further in that Cal Trans is primarily responsible for Pacific Coast Highway as a state highway. The City Engineer mentioned I that the item under consideration has no connection to calTrans, and that the Bicycle/Pedestrian funds are traditionally used for the annual concrete repair project. The city Manager suggested that the City Attorney respond to this issue prior to adoption of the budget. Forsythe moved, second by Hastings, to approve the Master Funding Agreement with the Orange County Transportation Authority and authorize the Mayor to execute same. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried PUBLIC HEARING - ASSESSMENT DISTRICT NO. 94-1 - SURFSIDE COLONY UTILITY UNDERGROUNDING/WATER SYSTEM Past Mayor Brown declared the first of two public hearings to be . open to consider formation of Assessment District No. 94-1, Surfs ide Colony utility undergrounding and water system. The City Clerk certified that notice of the public hearings was advertised as well as mailed to each property owner in the Colony as required by law, and reported having received two written communications as of this date in opposition to formation of the District. The City Manager reported that the Colony had approached staff some time back with regard to funding mechanisms for undergrounding utilities within the .1' Colony, various potentials were discussed at length with the Edison Company and municipal finance advisors, and ultimately it became apparent, and it was the desire of the Colony as a private streets community, that the formation of an assessment district was the only viable means of accomplishing same. He mentioned that no costs will be incurred by the city, the City is merely the facilitator for the financing mechanism for the undergrounding project. The city Engineer recalled the action of the Council on July 11th, 1994 accepting the petition from Surfs ide Colony signed by one hundred seventy-seven property owners or sixty-nine percent of the assessable parcels in I I I 5-22-95 support of an assessment district, and more recently resolutions were adopted movinq that process forward, the improvements consistinq of installinq conduits for the underqroundinq of overhead utilities and a new water system, all costs associated with the underqroundinq and formation of the district to be paid by assessment or available cash of the Colony. He noted the boundaries of the district are the entire of Surfs ide Colony, the preliminary Enqineer's Report was adopted by the Council at a prior meetinq, the initial estimate of cost was approximately $9,350 per parcel, construction bids opened on Friday were about $150,000 less than the oriqinal estimate, reducinq the per parcel cost to about $9,000, also, the assessment now includes the per parcel water connection cost of approximately $600, that cost initially was to be borne by the property owner. The Enqineer explained that each sinqle family residence on a sinqle lot is qiven a benefit of one for the purpose of formulatinq the assessment, likewise if there are two residences on a sinqle lot that parcel is assiqned a benefit of two or if there is a sinqle residence on two lots the benefit is one-half, the total benefits are then divided into the total assessment cost to determine the per parcel assessment. He noted also that should the assessment district be approved on June 12th, the bonds would be sold durinq the month of Auqust and construction could then commence. Past Mayor Brown invited members of the audience wishinq to speak to this item to come to the microphone and state their name and address for the record. Mr. Randy Turnbow, President of the Surfs ide Board of Directors and residinq at B-60, explained that at the July, 1993 annual shareholders meetinq the Colony approved an amount sliqhtly more than $2.5 million for the underqroundinq of utilities in the Colony, the project receivinq majority support, the project.was aqain supported by the shareholders at the 1994 annual meetinq, the majority of shareholders then supportinq the project in writinq by the siqninq of a petition that was subsequently certified by the city. The improvements will allow the flow of a qreater amount of water at a hiqher pressure and provide considerably more safety in the event of fire, the system will be state of the art in terms of safety, that of considerable importance in that the Colony is subject to hiqh seas storm damaqe, earthquakes, liquefaction, wind, etc., and althouqh the quality of the water system increased costs, the assessment cost in other areas was reduced. This project will provide new streets, improved drainaqe, the property owners will not incur the $600 out-of- pocket water hookup expense, the project is within one percent or less of the estimated cost of two years aqo, below the oriqinal assessment levy, the project is on schedule and on budqet for what was the Colony's shareholders mandate. Mr. Mike Arnstein, A-116, said he supports the project if for no other reason than his belief that a major hazard exists as a result of the overhead wires. Mr. Joe Rullo, A-4S; B-43 and B-44, voiced his opinion that the water line is of qreatest importance, notinq that a number ~f homes have been lost to fire because of the low water pressure, also confirmed that the assessment number is on tarqet. Mr. Roqer Kuppinqer, A-67, said upon movinq to the Colony he realized there were three thinqs that needed improvement, the cleanliness of the beach has been resolved with the assistance of city staff, the underqroundinq of utilities will resolve the problem of numerous hanqinq wires, also, the new water lines will improve the water pressure problems, most important in the event of a major fire. He expressed appreciation to the city for the assistance towards the formation of the assessment district, said that a qreat amount of time has been devoted to this effort by Colony residents, monthly meetinqs held by the Board and interested residents, and it is found that the cost of the project has 5-22-95 varied only slightly over the two year period. Mr. Bob Kendrick, resident, Past President of the Board, and project manager for the assessment district, said the primary concern of this effort has always been safety over and above the amenities that will result from the project. He said the Colony is approximately four thousand linear feet long, there are three working fire hydrants off-site, one at Phillips street, one in 1- Huntington Beach across Pacific Coast Highway from the Colony, the other in Sunset Beach, and in the event of fire those are the closest working hydrants from which the Fire Department must run ground lines, this situation, with the water problem and the electrical wires, is a catastrophe waiting to happen. He too mentioned the sixty-nine percent support of the project, the minimum change to the project cost over the two year period, and requested Council support for the formation of the assessment district. Ms. Sharon Arnstein, A-116, also spoke of dangers that exist with the numerous overhead electrical wires, noted that there is no drai~age at the west end' of the Colony when there is rain, and stated her support for the district. Mr. Steve Rowe, A-40 and B-103, said his position on formation of the district is somewhat uncertain in that he does support the new water lines, yet when the city was petitioned the projected cost was $1.9 million and now it is $2.3 million. The city Engineer clarified that based upon the bids received the amount is now $2.29 million. Mr. Rowe mentioned that as a result of the recently held public information meeting it is now known that neither the road or drainage improvements are included in this project, as originally intended, the projected cost of the roadway improvements was $263,000, for every quarter million dollar increase of the project cost the cost to the homeowner goes up another $1,000. He requested that the Council I postpone the assessment district hearings until after the annual shareholders meeting in late July. Ms. Ella Rowe, A-40, said from her calculations the project is now over-budget, and questioned the difference from the $1.9 estimate at the time of petitioning versus the $2.3 cost now. She stated that in 1993 the Colony voted for undergrounding at an estimated budget of $2.4 million for all improvements, streets, drains, engineering, water, electrical, etc., there was also a vote to spend half of the Colony's set aside monies to buy down the bonds, approximately $400,000, and with that the assessment would drop from $9,300 to about $7,600, her understanding was that the $1.9 million was to be the cost to bond, now it is $2.3, and asked where the money will come from to repair the roads, the engineering was to have been $7,000, is now $48,000, the water system was to have been $235,000, it is now $610,000. Ms. Rowe claimed that a handout at the last Board meeting estimated the project at slightly less than $2.9 million which included the original cost of $2,040,000, $300,000 for the Colony, $150,000 of the water, and $120,000 to restore the streets, which equals $3 million, however the $300,000 from the Colony was to have been subtracted from the original amount to buy down the bonds, that was voted on in 1993. She also reported having received a letter from either th~ City or the Colony advising that if the individual properties were not ready for hookup at the time .1 Edison is ready for that phase, the electricity would be cut off, new service would then be put in and charged to the property owner by the city, yet the property owners were previously informed that the city would not handle hook-ups, to which she asked who would be taking the r~sponsibility to do those hook-ups on private property, the City or the Colony. To a question of Mr. Gene Salegui, A-57, the City Engineer explained that by the second public hearing the current estimated assessment cost will be more exact, there is a ten percent contingency built into the construction cost, approximately $156,000, however should something major occur I I I 5-22-95 during the course of construction there is some likelihood that further assessment could be necessary, on the other hand if the costs are less than projected the assessment total would be less. The pre-payment amount will be determined in the Final Engineer's Report, by the next hearing, pre-payments will be discounted approximately ten percent, also will not include the bonding costs. Mr. Kendrick offered that the statements made by Mr. and Mrs. Rowe were incorrect, everyone is aware of what the costs are, some of the misconceptions relate to the private roads, those improvements are to be paid by the Colony and are not included in the bonding, the bonds now include about $160,000 for the private hook-ups which was originally to be paid directly by the homeowners, the sophistication of the fire system has nearly tripled since the initial conception of this project, however costs relating to the dry utilities have come down, the project cos'ts actually below what Surfs ide had approved some two years ago, and to postpone the project would be another waste of time. Mr. Turnbow said he believed there is a misconception that more money will be requested for the private road improvements, which is not the case, and when the exact assessment amount is final that will be the last out-of- pocket expense, all phases have been budgeted, the Colony financial participation does exist, the drainage is built into the road improvements, and the storm Water Tax District may also give consideration to some funding of the drainage system. He too recommended that there be no further delay of this project. As to a time frame for the project, taking into consideration the rainy months, Mr. Turnbow explained that the contractors would like about five months for construction, that would be after the bonding, therefore if the project commences in August it could likely be completed by mid January or sooner. It was the consensus of the Council to continue the public hearing until the next meeting, June 12th. COUNCIL REPORTS Past Mayor Brown announced that the City Manager, Mr. Bankston, will be departing Seal"Beach on June 30th to accept employment in another city. In view of an ongoing competition as to the best looking bearded person, Councilman Doane commended the city Manager for having shaved his beard. Councilmember Forsythe announced the acceptance of Kalon Morris to Harvard, the son of Hill residents Wendy and Bill Morris. She asked that contact be made with Chino Hills to inquire how they,were allowed to install a certain type of speed bumps on residential streets to curtail vehicle speeds. Past Mayor Brown reverted back to an item at the beginning of the agenda and recognized Capt. Cushman and Lt. Sommers of the Lifeguard Department, particularly for the summer Junior Lifeguard programs. Mayor Hastings inquired if the Boating and Waterways grant applications have been completed. The City Manager responded that that Department has requested submittal of the grant application the first week of August which can then be considered in their budgetary process. Mayor Hastings offered her congratulations to Mr. Bankston on his career opportunity. To another comment, Mr. Bankston advised that when the opportunity presents itself he always tries to surround himself with the very best staff. CLOSED SESSION It was the consensus of the Council to adjourn to Closed Session pursuant to Government Code Section 54957.6 for a discussion with the City'S labor negotiator with regard to the Orange County Employees Association, and Government Code Section 54956.8 relating to the Leisure World Library, also, on the advice of the city Attorney, to reconvene the Redevelopment Agency to adjourn to Closed Session pursuant to Government Code Section 54956.8 to discuss negotiations with regard to Zoeter Place. The Council and Agency adjourned to Closed Session at 5-22-95 / 6-6-95 8:24 p.m. The Council and Agency reconvened at 9:19 p.m. The City Attorney announced that the Council gave direction with respect to the City Manager position, and the Agency gave direction with regard to negotiations for the Zoeter Place property. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Tuesday, June 6th at 6:00 p.m. for a budget workshop. By unanimous consent, the meeting was adjourned at 9:20 p.m.. I Approved: of the . Attest: Seal Beach, California June 6, 1995 I The city Council of t~e city of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Hastings calling meeting to order with the Salute to the Flag. the ROLL CALL Present: Mayor rlastings Co\'ncilmembers Brown, Doane, Forsythe. Absent: Councilmember Laszlo Also present: Mr. Bankston, City Manager Mrs. S~oddard, Director of Administrative servi.ces APPROVAL OF AGENDA Brown moved, second by Doane, to approve the agenda as presented. .AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried I ORAL COMMUNICATI(\NS There were no Ora.. Co:nmunications. BUDGET WORKSHOP The city Manager expl~ined that the purpose of the workshop was to present the preliminary budget to set the appropriations for services for fiscal year 1995/1996, address the revenues and