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HomeMy WebLinkAboutM012985Januarv 29. 1985 Call to order - Baard of Supervisors Room, County Administration Building, 25 County Center Drive, Orvville. Present: Supervisors Bolan, Mclnturf, McLaughlin, Wheeler and Chairman Fulton; Martin J. Nichols, chief administrative officer, Del Siemsen, county counsel; and Rubye Townsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America• Invocation - Supervisor Wheeler. 85-40 Additional items from Board members to be addressed at the end of the day: 1. Supervisor Wheeler requested a resolution be passed. 2. Supervisor McLaughlin announced he would be making appointments. 3. Chairman Fulton stated he would talk about dogs, smoking, illiteracy and EIR's. 85-41 Items from the Consent Agenda amended or removed far separate consideration: (57) 1. Gridley Memorial Hall donation. 2. Salary ordinance amendment. 3. Enterprise Zane legislation. 4. Health insurance consultant report. 5. Approval of minutes (amended only) - added minutes of January 17, 18 and 28, 1985, .for approval; amended minutes of January 1S, Minute Order 85-25 as follows: Motion:. TABLE CONSIDERATION INDEFINITELY. S M Vote: 1 2 3 ~ 5 (No vote taken) Motion to amend previous motion: S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Amended motion: SET DATE FOR ITEM TO BE BROUGHT BACK FOR NOVEMBER 19, 1985. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 402 January 29, 1985 8 --42 Consent Agenda (147) 1. Approval of minutes. APPROVED MINUTES OF JANUARY 15, AS AMENDED, AND APPROVED MINUTES OF JANUARY 17, 1$, AND 28. 1985. 2. Budget transfers. APPROVED BUDGET TRANSFERS B-124, B--126, B-127, B-128 AND B-129. 3. Raoul J. Leclerc, attorney at law - on behalf of David Matthew Roberts, appeals the Subdivision Violation Committee's denial of certificate of compliance, AP 65-171-46, property located on the south side of Elmwood Drive, approximately 300 feet west of Wood Drive, Paradise Pines area:: CANCELED HEARING WHICH WAS SET FOR FEBRUARY 5, 1985, AT 10:45 A.M. 4. NorthStar Engineering - on behalf of earl Rottschalk, appeals the Planning Commission's denial of variance (proposed negative declaration regarding environmental impact) to lot area to allow a 0.92 acre parcel in a one-acre zone and variance to lot width to allow 98-foot frontage in place of a 130-foot frontage on property zoned SR-1 (suburban residential - one acre parcels) for property located on the east side of Bay Avenue, 3400 feet north of Shasta Avenue, identified as AP 42-34--48, Chico. PUBLIC HEARING DATE SET FOR FEBRUARY 12, 1985, AT 10:00 A.M. 5. Ron Graves & Associates - on behalf of Dale Rash, appeal Condition No. 10 (have an archaeological survey prepared by a qualified professional on Parcel 2 and incorporate any recommendations into the final map) on tentative parcel map, AP 27-16-09, two parcels, for property located on the east side of Dunstone Road, approxi- mately 1000 feet north of its intersection with Grubbs Road, Oroville area. PUBLIC HEARING DATE SET FOR FEBRUARY 12, 1985, AT 11:15 A.M. 6. GDA Engineering - on behalf of Michael Fredricks, appeals the Advisory Agency's denial of tentative parcel map (proposed mitigated negative declaration regarding environmental impact), AP 28--17--69, two parcels, property lacated at the northeast corner of Stoney Oaks Blvd. and Gold Mt. Road, Oroville area. PUBLIC HEARING DATE SET FOR FEBRUARY 12, 1985, AT 11:30 A.M. 7. Butte County Board of Supervisors - acceptance of public comments and review of environmental documents on the proposed Chapmantown Community Development Block Grant public improvements. "D" Street between 16th and Cleveland will be widened to 32 feet of pavement; curb, gutter and sidewalk will be constructed on one side only. Sewer and drainage lines will be installed. Storm drains and manholes will be constructed on 16th between "B" and "D" Streets. PUBLIC HEARING DATE SET FOR FEBRUARY 26, 1985, AT 10:00 A.M. Page 403 January 29, 1985 85-42 8, Appointment to Butte County Veterans Council Hall Committee. (Cont'd) A PP OIN TED JOHN J, MONROE, DELEGATE, AND JAMES HAYES, ALTERNATE DELEGATE, TO REPRESENT PARADISE VETERANS MEMORIAL HALL COMMITTEE. 9. Appointment to the Maternal, Child .and Adolescent Health Advisory Board. APPOINTED LINDA HALBERT TO, SERVE UNTIL MARCH 1986, 10. Appointments to the Chico Memorial Hall Committee. APPOINTED CARL OSF30RNE, ERTIE LTBBEE, EARL McCAULEY, SILAS STURTEVANT, GIL$ERT MICHELSON - DELEGATES; AND CYRIL WILLIAMS, THEODORE LOTH, JERRY McLAUGHLTN, CLIFFORD DEBLER AND MARION COMPTON - ALTERNATE DELEGATES, TO SERVE UNTIL DECEMBER 31, 1985. 11. Penalty abatement requests - change of ownership reports. APPROVED THE FOLLOWING REQUESTS: MR, AND MRS. MAX~HANSON, AP 41-20-60; .ERIC MURRAY, ET AL, AP 42-36-28; EDWARD WRETCH, AP 07-15-98; MR. AND MRS. RAYMOND BORGES, AP 1D-16-5-D2; CELESTE N. BAKER, AP 52-23-8-3b; MADELTNE C. TROTTER, AP 52-03-2-54; CHARLES W. WEEKS AND JAMES E. JOHNSTON, AP 012-14--1-1D; MR. & MRS. WAYNE LaPORTE, AP 33-48-1--24; M/M HARLAN L. MENKIN, AP 51-14-4-44; EUGENE M, COWES, AP 34-30-D1; MR, AND MRS. ALAN S. JACOB, AP 45-26-64; MARY E. McCLASKEY, AP 30-14--02; RICHARD AZEVEDO, AP D5-09--3-12; ROY G, RAINES, AP 54-17-1-53; MR. AND MRS, EDMOND D. RADKE, AP 64-45-16; MR. AND MRS. CARL W, HARPER, AP 72-10-D5; AND ERNEST R. BEVAN, JR., AP 24-24-15; 27~22~-3D, 28-02-01, 06, 13, 14, 16, 30, 02, 27-22-83. DENIED THE FOLLOWING REQUESTS: ROSE HYLTON, AP 13-D3-1--13; SUSAN K. YELTON, AP 66-46-03 AND MR, AND MRS. SCOTT H. RUSSO, AP 54-22-14, 12. O.C. Engdol {Anne Casey) - cancellation fees for the Land Conservation Act Agreement withdrawal have been paid as required by the Board. DIRECTED CLERK TO RECORD FINAL CERTIFICATE OF CANCELLATION OF LAND CONSERVATION ACT AGREEMENT. 13. Emergency Medical Services Committee Bylaws. ADOPTED BYLAWS. 14. Morey W. Fuqua, attorney at law -- on behalf of Joyce E. Egbert, administratrix of the estate of Jacfc Egbert, files a claim for indemnification as the result of circumstances occurring on or about November 19, 1983, involving Superior Court Action No. $4535. REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR FOR REPORT AND R'SCOMMENDATTON.~ 15. Community Action Agency - dishwasher purchase - Board authorization is requested to authorize the purchase of a dishwasher retroactively to December 1984, in the amount of $413.40, for the Head Start Program. APPROVED PURCHASE. Page 404 January 29, 1985 85-42 (Cont'd} 16. Right-of--way acquisition - agreement for sale - Pentz Road Reconstruction Project No. 45471-83-1: Adm .' Land Improv. Settlem't Total Homer C, and Elizabeth J. Beldt 0.65 acre $2,000 None $500 $2,500 (net 0.24) APPROVED AGREEMENT FOR SALE, AUTHORIZED THE CHAIRMAN TO SIGN AND DIRECTED THE AUDITOR TO ISSUE WARRANT UPON DEMAND OF THE COUNTY'S ESCROW AGENT. 17. Final map - Rancho de Thunder Unit 4 - no construction of facilities were requited so no subdivision agreement is provided on the six-lot subdivision, AP 47-26-188 and 189, located on the southwest corner of Keefer Road and Garner Lane, Chico area. NOTING THERE ARE NO TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVED THE FINAL MAP, ACCEPTED EASEMENTS AS GRANTED IN ITEMS A AND B OF THE OWNER`S CERTIFICATE ON BE~IALF OF THE PUBLIC, ACCEPTED GRANT IN FEE SIMPLE FOR KEEPER ROAD AND GARNER LANE AS OFFERED IN THE OWNER'S CERTIFICATE AND AUTHORIZED CROSSING OF ONE--FOOT NO-ACCESS STRIP AS RECORDED IN BOOK 2694 OF BUTTE COUNTY OFFICIAL RECORD5 AT PAGE 679 FOR ACCESS TO LOT 6. 18. Final map - amended map for Waterford Subdivision No. 1 - the developer has provided bonds to guarantee construction of improve- ments and maintenance of facilities for a period of one year ending April 6, 1985, for the subdivision, AP 43-29-15 (ptn?- and AP 43-27-08, located on the southwest corner of Victorian Park Drive and West Sacramento Avenue, Chico area. NOTING THERE ARE NO TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVED THE FINAL MAP, ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. l9, final ~iap - Fir Knolls Subdivision - no construction of facilities were required so no subdivision agreement is provided on the four-lot subdivision, AP 64-65-18, located on the northwest corner of Skyway and Ehrlich Court, Paradise Pines. NOTING THERE ARE NO TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVED FINAL MAP, ACCEPTED EASEMENTS AS OFFERED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC, AND ACCEPTED GRANT IN FEE SIMPLE FOR THE ONE-FOOT NO-ACCESS STRIP AS OFFERED IN THE OWNER'S CERTIFICATE. 20. 1985 Head Start program grant award - the 1985 Head Start grant award in the amount of $526,000 has been received. ACCEPTED GRANT AWARD. Page 405 January 29, 1985 85-42 21. Unemployment insurance status = the status of the court decision (Cant'd) ruling unemployment insurance to be a state mandated cost to local government, subject to Article VIII B, Section 6 of the Constitu- tion is yet unclear. AUTHORIZED THE PERSONNEL DIRECTOR AND AUDI'T'OR TO WITHHOLD PAYMENT Off' THE UNEMPLOYMENT INSURANCE BENEFIT CHARGES IN THE AMOUNT OF $11,998 FOR THE QUARTER ENDING SEPTEMBER 30, 1984, AND TO APPEAL CHARGES TO THE .STATE INSURANCE APPEALS BOARD. 22. Agreement far engineering services - Solid Wast Management Plan Update - an agreement has been prepared with Emcan Associates in an amount not to exceed $9,500 as authorized by the Board on December 18, 1984. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 23. Grant amendment - Community Development Block Grant Program, Grant No. 82-STBG-003 - a grant amendment is required to cover various changes in the original grant as reflected in the amendment for the Chapmantown area. ADOPTED RESOLUTION 85-03 AUTHORIZING EXECUTION OF GRANT AMENDMENT AND AUTHORIZED TkIE CHAIRMAN TO SIGN. 24. Ordinance amending Chapters 26, 268, 27, 28, and 19 of the Butte County Code relating to Building, Plumbing, Electrical and Mechanical Codes and amending sewage disposal ordinance, WAIVED THE FIRST READING OF THE ORDINANCE. 25. Appointment to Mental Health Advisory Board. APPOINTED DR, CARL ULSRICH TO REPLACE DR. ROBIN NICHOLS AS THE PHYSICIAN MEMBER TO A TERM ENDING DECEMBER 31, 1985. 26. Communications: a. City of Biggs - Mayor McDonald writes requesting the Board consider adding ':'B" Street in Biggs to the list of FAS road system projects. REFERRED TO PUBLIC WORKS DIRECTOR FOR REPORT AND RECOMMENDATIONS. b. City of Chico - Mayor Ory writes asking the Board to maintain the integrity of the Greenline in the Chico area. ACCEPTED FOR INFORMATION. c. Gity of Chico - Councilman Nichols forwards ,information concerning City of Woodland/Polo County policy statement on urban development. REFERRED TO DIRECTOR OF PLANNING TO ADD TO THE AGENDA FOR JOINT CHIGO/BUTTE COUNTY MEETING, d. State Office of Emergency Services - letters have been received designating Butte County, as well as others, as areas of economic injury because of the 1983 Payment-In-Kind (PIK)-Land Diversion Program. ACCEPTED FOR INFORMATION AND REFERRED TO CIVIL DISASTER COORDINATOR. page 406 January 29, 1985 85-42 Motion: APPROVER CONSENT AGENDA, AS AMENDED. (Cont'd) S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular Agenda 85--43 Gridley Memorial Hall donation - the Rotary Club of Gridley offers to (107) purchase new steel chairs at an estimated cost of $2500 to $3000 to replace existing wood chairs (from 9/25/85). Motion: AUTHORIZED THE PURCHASING OFFICER TO ACCEPT DONATION AND EXCHANGE CHAIRS IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 25504. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 85-44 Salary ordinance amendment - the amendment reclassifies several (153} positions in the Employment and Training Officer reflects the new state-set salaries for Superior and Municipal Court Fudges ana aaas a sheriff's sergeant and deputy sheriff for child abuse investigations. Motion: Ti}7ATVED THE SECOND READING AND ADOPTED ORDINANCE 2452 TO BECOME EFFECTIVE MARCH 9, 1985. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 85-45 Enterprise Zone legislation. (CONTINUED TO FEBRUARY 5, 1985.} (296) 85-46 Health insurance consultant report - The Sher Group has submitted an (318) analysis of the employee health insurance benefit plan and the Health Insurance Review Committee has reviewed the report and submits a recommenaation. (CONTINUED TO FEBRUARY 12, 1985, FOR A RECOMMENDATION FROM A COMMITTEE OF SUPERVISORS DOLAN, McTNTURF AND CHI EF ADMINISTRATIVE OFFICER.) 85-4.7 Appearance~~af Dr. Harlan Adams to discuss a change of name ana member- (586) ship for the Butte County Council.of Senior Citizens. Motion: ADOPTED RESOLUTION 85-04 ESTABLISHING THE BUTTE COUNTY COMMISSION ON AGING, TO BE GIVEN THE RESPONSIBILITIES GtifHICH HAD BEEN GIVEN TO THE BUTTE COUNTY COUNCIL OF SENIOR CITIZENS. AUTHORIZED ADMINISTRATIVE OFFICE TD POST VACANCIES. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 407 January 29, 1985 85-48 Presentation by zepresentative of Drake Homes/Butte Investments (981) Corporation and bond counsel requesting consideration of the issuance of mortgage revenue bonds for an apartment complex on Lassen Avenue in the north Chico area. Motion: DIRECTED CHIEF ADMINISTRATIVE OFFICER TO PREPARE A RESOLUTION SETTING FORTH A POLICY AND PROCEDURE FOR THE COUNTY TO FOLLOW AND DEVELOP AN APPROPRIATE FEE SCHEDULE AND A REVISED INDUCF.i~+fENT RESOLUTION, AND ALSO TO HAVE A REVIEW OF THE HOUSING ELEMENT WITH OUR PLANNING DIRECTOR, WITH THAT INFORMATION TO BE BROUGHT FORTH TO THE BOARD OF SUPERVISORS NO LATER THAN TWO WEEKS FROM THIS DA'Z'E AND TO RECEIVE INPUT FROM THE CITY OF CHICO. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 10:20 a.m. Reconvene: 10:42 a.m. Public Hearings and Timed Items 85-49 Barnhart--frown Associates - on behalf of Jack Lawson, appeal the (2532} Advisory Agency's denial of tentative parcel map and boundary line mad ification (proposed mitigated negative declazation regarding environmental impact}, AP 71-09-10, two parcels, for property located on bath sides of Kramer Road approximately 1000 feet south of Simmons Road east of Oroville-Quincy Highway, north of Bidwell Bar Suspension Bridge, Oroville area. (HEARING CONTINUED TO FEBRUARY 12, 1985, AT 11:45 A.M. Regular Agenda 85-SO Report on bid opening for In-Home Supportive Services Program in (2609) Butte County (Bid No. 23085). Motion: AWARDED BID TO STAFF BUILDERS SERVICES, INC. *~ 00 S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 408 January 29, 1985 Public Hearings-'and Timed~Items 85-51 Donald Mangus - appeal of the Advisory Agency's denial of boundary (1364) line modification on AP 46-26-16$ and 38 (item determined to be categorically exempt frofn environmental review), property located on the west side of E1 Monte Avenue approximately 1100 feet south of its intersection with E. 8th Avenue, Chico area. (HEARING CONTINUED TO MARCH 19, 1985, AT 10:00 A.M.) 85-52 Recognition of persons wishing to speak: (1896) 1. James Hansen -- concerning the handling of "pot" investigations. 2. C. C. Charity -~ asking the Board to give a specific time today when this item will be continued. (CHAIRMAN FULTON INDICATED THAT RECOGNITION OF PERSONS WISHING TO SPEAK WOULD BE CONTINUED TO APPROXIMATELY 3:00 P.M.) Recess: 12:02 p.m. Reconvene: 1:.35 p.m. Regular Agenda 85-53 Report from Butte County Planning Commission on deer herd study. (2].59 } Motion: REQUESTED INFORMATION FROM THE DEPARTMENT OF FISH AND GAME, SUBSTANTIATED BY FACTS AND DOCUMENTED, AS LISTED ON MEMO FROM THE PLANNING COMMISSION, ITEMS 1 THROUGH 6, *** DATED JANUARY 25. 1985. 000 S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Public Hearings and Timed Items 85-54 Budget presentation (approximately one hour). (203) Motion: ACCEP'T'ED BUDGET REPORT; AUTHORIZED THE CHIEF ADMINISTRATIVE OFFICER TO DEVELOP A PROPOSED BUDGET IMPLEMENTING THE STRATEGY AS OUTLINED IN THE BUDGET REPORT;. DIRECTED THE CHIEF ADMINZS- TRATIVE OFFICER TO PROVIDE RECOMMENDATIONS TO MAXIMIZE EFFICIENCIES WZPH EXISTING LEVELS OF STAFFING. THESE RECOMMENDATIONS SHOULD BE PREPARED FOR THE FINAL BUDGET HEP:RINGS ...; S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 409 January 29, 1985 Regular Agenda 85-55 Presentation by County Welfare Director on implementation of AB 2226 (1590) concerning the "Linkages" component and request for funding feasibility study and grant application. Motion: AUTHORIZED $3500 EXPENDITURE TO SECURE THE SERVICES OF' NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY TO COMPLETE A FEASIBILITY STUDY AND GRANT APPLICATION ON BEHALF OF BUTTE COU[~TY WELFARE DEPARTMENT AND THE BUTTE COUNTY LONG TERM CARE COMMITTEE. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 2:50 p.m. Reconvene: 3:08 p.m. Public Hearings and Timed Items 85-56 Recognition of persons wishing to speak: (1665} 1. Orrin B. Stratton - statements regarding the nitrate problem. 2. C.C. Charity - comments regarding the proposal for Board meetings twice monthly and the effect that would have on persons wishing to speak from the floor. 3. Glenn Miller -~ lack of action by Grand Jury; proposal for two Board meetings a month; law enforcement in Butte County; and drug problems in Butte County. 4. Hamilton Holt -- concerning Lake Madrone water District. *~~* 5. Stephanie Wyatt - destruction of lands - rights of the people. 0000 6. Nell Lind - negative effect of two Board meetings monthly; phones being tapped in the Sheriff's Office. '7. Rod Weyand - comments concerning the Board working together with the people of the county. 8. Dan Hays. Jr. - .concerns regarding the Mangus appeal which the Board continued.to March 19: (Minute Order 85-50). Page 410 January 29. ].985 Regular Agenda 85--57 Presentation of Aqua Resources, Inc., .supplemental nitrate report. (604) (REPORT RECEIVED. NO ACTION TAKEN.) 85-58 Workshop - Nitrate Action Plan (from 1/15/85). Motion: TO DIRECT MR. VANHART TO STRIVE FOR THREE UNITS PRR ACRE IN FURTHER NEGOTIATIONS. S M Vote: 1 2 3 4 5 (MOTION WITHDRAWN) ~**~* 00000 (NO FURTHER ACTION TAKEN.) 85-59 Consideration of ordinance repealing Ordinance 2445 which approved the (180) development agreement for South Fork Developers (Bill Cottin,gham, et al). Consideration of rescinding approval of the tentative subdivision map for South Fork Developers (Bill Cottingham, et al). Report from Public Works Director on construction of Cohasset Road from Sacramento Northern Railroad to Mangrove Avenue. Report from Chief Administrative Officer on Board policy - Veterans Service Office operations (Supervisors McLaughlin}. Consideration of appointments to the Surface Mining Aggregate Operations Committee. Report on upcoming committee vacancies and appointments. Discussion of drainage fees (Supervisors McLaughlin and Fulton). (ALL TTEMS CONTINUED UNTIL FEBRUARY 5, 1985.) 85-60 Additional items from Board members: (250) 1. Supervisor Wheeler requested that the Board adopt a resolution honoring Deft Stover. Motion: ADOPT RESOLUTION 85-05. M S Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried} Page 411 January 29, 19$5 Regular Agenda 85-61 Roy Gray - request for interpretation regarding a mobile home in an (302} 5R-1 zone pursuant to Butte County Code Section 24-20, Paragraph (d). (NO ACTION TAK~3. } 85-62 Report from Chief Administrative Officer on change of Board of (948) Supervisor Meeting dates (from 1/8,/85). Motion: WAIVE FIRST READING OF THE ORD~TNANCE TO MEET TWICE A MONTH. S M Vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Failed) (Unanimous vote requited for waiving. Ordinance read into the record by Martin Nichols.) 85-63 Additional items £rom Board members: (2921) 1. Supervisor McLaughlin requested that the following appointments be made £rom District 4: Bob Lynch to the Planning Commission, Ray Garner, reappointed to the Community Action Agency; Jean Pratt, reappointed to the water Commission; and Mel Richins to the Fair Board. Motion: MADE APPOINTMENTS. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 2. Supervisor Fulton announced that as of March 1st, the unincorporated areas a£ Butte County would not have an Animal Control Officer. Recess: There being nothing further before the Board at this time the meeting was recessed at 6:40 p.m. to reconvene in the Chico City Council Chambers on January 31, 1985, at 7:DO p.m. Page 412 January 29, 1985