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HomeMy WebLinkAboutOrd 1982-1961 ORDINANCE NO. 1961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SEVERAL CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE, hnL RELATING TO THE TRANSFER OF FEE REQUIREMENTS AS SPECIFIED IN THE CODE TO THE MASTER FEE SCHEDULE ADOPTED BY RESOLUTION OF THE CITY COUNCIL The City Council of the City of Chula Vista does ordain follows: SECTION I: That Sections 3.20.030, 5.02.190, 5.20.040, 20.070, 5.38.030, 5.38.120, 6.12.040, 6.20.030, 6.20.040, 20.050, 6.20.060, 12.28.050, 15.04.295, 15.32.040, 15.32.070, ,.51.020, 17.10.060, 18.28.010, 19.06.010, 19.14.360, 19.14.571, ~.14.582, 19.48.080, 19.48.090 and 19.60.500 of the Chula Vista ~ncipal Code are hereby amended and Section 17.02.010 is hereby [ded to the Chula Vista Municipal Code, all to read as follows: Sec. 3.20.030 Variances Permitted When-Application Contents-Fees. C. The owner or occupant of any promises requesting a variance from the sewer service charges pursuant to the provisions of this section and the rules and regulations approved by resolution of the city council shall pay a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule to cover the cost of investigation of said request; provided, however, that no fee shall be charged for a request for total exemption from the sewer service charge. In addition, a special handling charge to cover the cost of billing and inspections to be paid per building may be established in the resolution granting the variance. Sec. 5.02.190 Interstate Commerce Identification Card Required When-Application- Contents-Fee. None of the license fees provided for by this title and Section 8.20.020 shall be so applied as to occasion an undue burden upon interstate commerce and no solicitors who are engaged in interstate commerce shall be required to obtain a license as required herein; provided however, that all solicitors as defined in Section 5.02.010 are required to register with the chief _ of police and to obtain an identification card. Applicants for such police identification cards shall be required to furnish an application containing the following information: A. Permanent home address and full local address of the applicant; B. A brief description of the nature of the business and goods to be sold; C. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; -1- D. The fingerprints of the applicant; E. A statement as to whether or not the applicant has ever been convicted of any crime or misdemeanor, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. A fee as presently designated, or as may in the future be amended, in the Master Fee Schedule shall be charged by the chief of police. Said identification card shall be valid for one year and a fee as presently designated, or as may inthe future be amended, in the Master Fee Schedule shall be charged for renewal. Sec. 5.20.040 License-Initial Issuance Procedure. Except for existing licenses as set forth in Section 5.20.030, all applicants for available licenses shall comply with the provisions of this chapter. Any applicants requesting a license as permited in Section 5.20.030 shall pay the sum as presently designated, or as may in the future be amended, in the Master Fee Schedule to cover the cost of investigation and the handling of applications, which sum shall be non-refundable. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May in subsequent years, should there be additional licenses available. After the termination of the open period in May, no further licenses shall be issued until the suc- ceeding open period. In the event that there are appli- cations in excess of the number of licenses available in accordance with the limitations set forth in Section 5.20.030, based upon population, the chief of police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardrocm licenses as approved by the chief of police, subject to ratification of the city council. Upon the issuance of available cardroom licenses, the chief of police shall authorize the refund of any application fee to any persons who were not subject to investigations. Sec. 5.20. 070 Work Permits Required-Application Contents- Investigation Fee-I ssuance-Period of Validity. A. The manager of a cardroom, if he is other than the person or persons whose names appear on the application for the cardroom license, must obtain a work permit from the chief of police. He shall submit his application for such work permit to the chief of police, which application shall be under oath and shall include, among other things, the past criminal record, if any, of said applicant and shall be accompanied by the fingerprints of said applicant. A manager work permit may be issued only to citizens of the United States who have resided in the County of San Diego for at least two years immediately preceding the issuance of such work permit. An application for a manager work permit shall be accompanied by a fee or a renewal fee as presently designated, or as may in the future be amended in the Master Fee Schedule. The work permit, when issued, shall be valid for one year. The chief of police may deny such work permit, if, in his opinion, the applicant therefor should not be permitted to act as manager in lieu of management by the licensee of said cardrocm. B. Employees in cardrocms must obtain a work permit from the chief of police. Applications for such work permits shall be submitted under oath and contain such information as may be deemed by the chief of police to be necessary to determine whether the applicant is a proper person to be employed in a cardroom. No work permit shall be issued to any person who is not a citizen of the United States and who has not been a resident of the County of San Diego for at least one year. The chief of police may deny such work permit if, in his opinion, the applicant therefor should not be permitted to be employed in a cardrocm. Each application for a work permit shall be accompanied by a fee, or renewal fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule. Said permits shall be valid for one year. Sec. 5.38.030 License-Permit Prerequisite-Investigation Fee-Application-Contents Required. A. No license shall be issued to any pawnbroker, junk or secondhand dealer in the city as defined herein pursuant to the provisions contained in Section 5.38.010 without the written approval and a permit therefor having been obtained from the chief of police. The chief of police shall charge a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule to cover the cost of investigating the applicant. Every person wishing to engage in the business of pawnbroker or junk or secondhand dealer shall file an application for a permit, signed by the applicant, with the chief of police, and said application shall show the following information: 1. Permanent home address and full local address of applicant; 2. A brief description of the nature of the business and goods to be sold; 3. A photograph of the applicant, taken within sixty days i~ediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; 4. The fingerprints of the applicant; 5. A statement as to whether or not the applicant has ever been convicted of any offense involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions- Sec. 5.38. 120 Pawnshop-Employee Identification Card Required. Every person who is to be employed by the owner of the pawnshop in the conduct of the business shall first file an application for an identification card signed by the applicant with the chief of police. The application shall show the foll~ing information: 1. Permanent home address and full local address of the applicant; 2. A photograph of the applicant, taken within sixty days i~mediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; 3. The fingerprints of the applicant; 4. A statement as to whether or not the applicant has ever been convicted of any offense involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. No person carrying on the business of a pawnbroker shall employ anyone who has not received such a police identification card and such identification card shall not be issued if the applicant has been convicted of a crime involving stolen property. A fee as presently designated, or as may in the future be amended, in the Master Fee Schedule shall be charged for such identification card. Sec. 6.12. 040 Impoundment-Fees and Charges. The foll~ing fees and charges are hereby imposed for the impoundment of animals pursuant to this chapter. A. The fee for picking up, transporting and impounding of any animal by the use of equipment, personnel and regular facilities maintained by the city, shall be as presently designated, or as may be in the future amended, in the Master Fee Schedule. B. For the picking up, transporting and impounding of any horse, mule, jack, jenny, burro, pony, cow, pig, hog, sheep, goat or other animal by use of equipment, personnel or facilities not maintained by the city, the sum as presently designed, or as may be in the future amended, in the Master Fee Schedule. C. For the sale of any animal so impounded, as presently designated, or as may be in the future amended, in the Master Fee Schedule. All of the above fees shall be lawful charges against the owner or owners, or persons in charge of such animals, and the person or agency furnishing services or board to animals shall be entitled to a lien upon the animals for the payment thereof. Sec. 6.20.030 Application Required-Procedure-Transfer Licensing Procedures. B. It is declared to be the intent of this chapter to apply the licensing requirements to all dogs brought into the city except those acccmpanying visitors or tourists who do not stay within the city more than thirty days. A dog having a license issued by another legislative authority elsewhere in the State of California, and which has been vaccinated with live virus vaccine and the i~,nuunization period therefor has not expired, may upon application of its owner be issued a transfer license good for the remainder of the calendar year upon payment of the fee as presently designated, or as may in the future be amended, in the Master Fee Schedule . The applicant for such license shall surrender to the Finance Officer the out-of-city license and evidence of vaccination. The penalties provided in this chapter shall not apply to license issued under the provisions of this section. C. Whenever the ownership of a dog has changed, the new owner may secure a transfer of license to him by endorsement on the records of the Finance Officer upon the payment of a transfer fee as presently designated, or as may in the future be amended, in the Master Fee Schedule and the presentation to the Finance Officer of the original receipt endorsed by the original licensee as a transferrer. Sec. 6.20.040 Fee-Schedule. The license fee for dogs shall be as presently designated, or as may be in the future amended, in the Master Fee Schedule. Any dog license tag issued pursuant to this section shall be issued for one-half of the fees listed in the Master Fee Schedule for any dog if a certificate or affidavit is presented from a licensed veterinarian that said dog has been spayed or neutered. Sec. 6.20.050 Penalty for Late Application or Payment. A penalty as presently designated, or as may be in the future amended, in the Master Fee Schedule shall be added to the license fee if application or payment is made subsequent to thirty days from the date on which the dog is required to be licensed under this chapter. The time of application or payment shall be determined as follows: If made by deposit with the United States mail, addressed to the Finance Officer, and postage prepaid, the postmark, or if none, the postage meter imprint, shall be conclusive; otherwise the time of actual receipt by the Finance Officer shall be conclusive. This penalty shall not be added if the dog to be licensed has been in the applicant's possession in the city less than thirty days. Sec. 6.20.060 Tag and Receipt Issuance-Tag to be Worn by Dog-Replacement-Fee. C. Whenever a license tag has been lost or destroyed, a new receipt and tag, expiring on the same date as the original, may be issued for the same dog on the payment of a replacement fee as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 12.28. 050 Maintenance and Removal Agreement-Required When-Contents. Applications for encroachment permits for any buildings or structures of any nature shall be accompanied by an encroachment application fee in the sum as presently designated, or as may be in the future amended, in the Master Fee Schedule, and an encroachment maintenance and removal agreement, which shall authorize the construction and use of the building or structure and shall be signed by the property owner and properly acknowledged. Said agreement shall be prepared by the City Engineer and contain the following covenants with the city: A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole cost, risk and responsibility of the owner and successor in interest, who shall hold the city harmless with respect thereto. B. The agreement is made for the direct benefit of the property owner's land described in the agreement, and the covenants therein shall run with the property and shall be binding upon the assigns and successors of the owners. C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand in writing by the City Engineer. The property owner must remove or relocate said encroachment within thirty days after such notice or within such longer period as may be provided specifically within said agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relocation. If the owner fails to remove or relocate the encroachment within the period allotted, the City Engineer may cause such work to be done and the cost thereof shall be imposed as a lien upon the property as provided in Section 12.12.010 of this title, relating to removal of unauthorized obstructions in the public rights of way. D. Said encroachment maintenance and removal agreement for buildings or structures built over or upon the public rights-of-way shall be recorded in the office of the County Recorder of San Diego County, and shall constitute an obligation and burden upon said property; provided however, that said agreement encompassing encroachments authorized by the City Engineer pursuant to Sections 12.28. 030 and 12.28. 040 need not be recorded. Sec. 15.04.295 Fee-Schedule for Computation. Fees shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 15.32.040 Requirements-Variance or Deferral Permitted When-Public Hearing-Fee-Agreement with City. A subdivider or public utility company may request that the city council vary from or defer the requirements of this division. The applicant for such variance shall pay the fee as presently designated, or as may in the future be amended, in the Master Fee Schedule at the time said application is submitted to the department of public works to cover the cost of the public hearing to be noticed by the city clerk in accordance with notification requirements of the laws of the State of California. After conducting said public hearing, the council may defer the requirements of this division after the council finds from the evidence presented at the hearing that all of the following facts exist: A. That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecessary hardship to the subdivider or the utility company; B. That such deferral will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood. In the event that the council elects to defer the undergrounding requirements, the subdivider shall enter into an agreement with the city stipulating the acceptance of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. Sec. 15.32.070 Requirements-Deferral Permitted When- Public Hearing-Fee-Agreement with City. An owner or public utility company may request that the city council vary from or defer the requirements of this division. The applicant for such variance shall pay the fee as presently designated, or as may in the future be amended, in the Master Fee Schedule at the time said application is submitted to the department of public works to cover the cost of the public hearing to be noticed by the city clerk in accordance with notification requirements of the laws of the State of California. After conducting said public hearing, the council may defer the requirements of this division after the council finds from the evidence presented at the hearing that all of the follc~ing facts exist: A. That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecessary hardship to the subdivider or the utility company; B. That such deferral will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood. In the event that the council elects to defer the undergrounding requirements, the subdivider shall enter into an agreement with the city stipulating the acceptance of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. Sec. 15.51.020 Fees and/or Installation Requirements for Traffic Signals. All private developers of either residential, comercial or industrial properties in the City of Chula Vista shall be required to pay a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule and/or to install traffic signals in the public streets of the city in accordance with the council policy as adopted by Resolution No. 9221, and as said policy may hereinafter from time to time be amended. Sec. 17.02.010 State and Local Environmental Review Process-Fees. The City Council, from time to time, shall adopt by resolution procedural guidelines to be followed to insure compliance with CEQA and local environmental processes. The Council shall also by resolution provide a fee schedule as set forth in the Master Fee Schedule for said environmental review of projects. Sec. 17.10.060 Combination of Dedication and Fee Payment Permitted When. The following circumstances may arise which require a combination of the dedication of land and payment of fees: A. Only a portion of the land to be subdivided is proposed on the general plan as the location for a local park. That portion of the land within the subdivision falling within the park location as shown on the general plan shall be dedicated for local park purposes and a fee shall be required for any addi- tional land that would have been required to be dedicated. B. A major part of the local park or recreation site has already been acquired, and only a small portion of land is needed from the subdivision to complete the site. The remaining portion shall be required by dedication and a fee required for the remainder to pay for improvement of the park and recreation facilities in the area serving the subdivision. C. A residential development may constitute only a small portion of a particular neighborhood park district, and upon completion of the subvdivision, which may be the only developed area in the district, there may be no need for a fully improved neighborhood park. Under such circumstances, the developer may be required to dedicate land in accordance with Section 17.10.040, and in addition thereto, deposit the fees as presently designated, or as may in the future be amended, in the Master Fee Schedule, for development of the park in the future. For the purpose of implementing the fee as shown in the Master Fee Schedule, any rocms as shown on plans submitted by the subdivider, regardless of their designation thereon, which may be used for bedrocm purposes shall be regarded as a bedroom. Residential motels and hotels and transient motels and hotels shall only be required to deposit in lieu fees pursuant to the fees in the Master Fee Schedule for Section 17.10.040. Sec. 18.28.010 Deposits for Street Trees-Required-Amounts Disposition-Labor Costs. A. The subdivider is required to install approved street trees in accordance with Section 18.32.110 as lots within the development are occupied. For those street trees which have not been installed at the time of acceptance of public improvements, the subdivider shall deposit with the Director of Finance the amount as presently designated, or as may be in the future amended, in the Master Fee Schedule. Sec 19.06.010 General Plan-Statutory Authority- Scope-Fees. Sections 65300 through 65361 of the Government Code of the state relating to the authority for and scope of general plans, and the method of adoption of general plans are hereby adopted and incorporated hereinby reference as though set forth in full. The fee for processing general plan amendments shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 19.14.360 Planned Unit Development-Fees. The fee for planned unit development shall be as presently designated, or as may be in the future amended, in the Master Fee Schedule. No part of said fee shall be refundable. Sec- 19.14.571 Precise Plan Approval-Application and Fee. Application shall be made on a form prescribed for this purpose by the city and shall be accompanied or preceded by a zone change application establishing the P modifying district. A fee as presently designated, or as may in the future be amended, in the Master Fee Schedule shall accompany the precise plan application. Sec. 19.14.582 Design Review Committee-Duties and Responsibilities-Fee. A. The design review committee shall review plans for the establishment, location, expansion or alteration of residential uses or structures in the R-3 zone, and multiple-family dwelling uses, commercial or industrial projects or structures governed by the P precise modifying district; and shall approve, conditionally approve or deny such plans. B. The design review co~.~tittee shall base its findings and action upon the provisions of the design manual of the city. C. The design review committee shall prepare and adopt operational procedures, bylaws and business forms. D. The design review committee shall submit annual reports on its operations to the city planning commission. E. The fee for a hearing before the design review co~nnittee is as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 19.48.080 General Development Plan-Modification Requests and Procedures. A. From time to time it may be necessary and desirable to modify the approved general development plan. Modification of such a plan may be initiated by the property owner, his authorized agent or developer. B. Requests for modifications shall be submitted to the planning commission on a prescribed form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification and the fee as presently designated, or as may be in the future amended, in the Master Fee Schedule. C. The planning commission shall conduct a public hearing on all proposed modifications. The planning commission may reccxnmand approval, conditional approval, or denial of a proposed modification to the city council, which shall conduct a public hearing thereon. D. Modification to an approved general development plan shall be made only by resolution of the city council- Within thirty days after receipt of a reccmmendation from the planning co~.,tission, the city council shall approve or deny the proposed modification. Sec. 19.48.090 Sectional Planning Areas and Sectional Planning Area Plans-Requirements and Content. ._. A. All P-C zones shall be divided into sectional planning areas. These areas of subco~,~unities shall be depicted on the plan diagram of the general development plan of a P-C zone, and shall be addressed in the text thereof. B. Sectional planning areas shall be composed of identi- fiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. Where practicable, sectional planning areas shall have discernible physical boundaries. C. Prior to any development within a sectional planning area, the developer shall submit a sectional planning area plan, accompanied by the requisite filing fee as presently designated, or as may in the future be amended, in the Master Fee Schedule, and a completed official application to the planning commission for public hearing, consideration, and recolm,endatory action, unless such sectional planning area plans are not required by the text of an adopted general development plan. The sectional planning area plan shall include the following site utilization plan and documents: 1. A site utilization plan of the sectional planning area at a scale of one inch equals two hundred feet minimum or as determined by the director of planning. The plan shall extend a minimum of three hundred feet beyond the boundaries of the sectional planning area and show the following: a. The boundaries of the sectional planning area; b. North arrow and scale; c. Preliminary grading (including slope ratios and spot elevations where appropriate); d. Existing and proposed streets (This shall include all public and private streets as well as their approximate grades and typical widths. The names of the existing streets shall be indicated.); e. Existing easements (identify); f. Existing and proposed riding and hiking trails; g. Existing and proposed bicycle routes; h. Pedestrian walks; i. Permanent physical features (i.e., water towers, transmission towers, drainage channels, etc.); j- Land uses (include the acreage of each): i. Parks, ii. Open space, iii. Schools (indicate type), iv. Public and quasi-public facilities (include type ), V. Residential: Dwelling type (i.e., single family, duplex, attached, etc.) Lot lines Lot size Number of units (indicate density for each dwelling type) Parking (covered or open parking and parking ratio) Typical floor plans and site plans at a minimum scale of one inch equals twenty feet. (The site plan shall include sufficient detail of adjacent development to determine the relationship of driveways, landscaping, walks, buildings, etc.) vi. Conuuercial: Location and proposed use of each structure The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) Off-street parking (standards and ratio) vii. Industrial: Location and proposed use of each structure The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) Off-street parking (standards and ratio) 2. Development standards (i.e., permitted land uses, lot coverage, height and bulk requirements, signs, etc.) for each land use area and designation. 3. Development to occur in phases shall be so indicated on the plan. A skeletal plan shall be prepared for those areas indicated for future development. The skeletal plan shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density and parking. The submission of each subsequent phase will require a new application and a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule, for a modification of a sectional planning area plan, together with the required detailed plans. Sec. 19.60.500 Planned Signing Program-Application- Fee-Documents Required. Application for a planned signing program shall be made to the zoning administrator in duplicate on a form prescribed by the city. The application shall be accompanied by a fee as presently designated, or as may be in the future amended, in the Master Fee Schedule. In addition the applicant shall submit, in duplicate, the following documents: A. A map drawn to scale delineating the site proposed to be included within the planned signing program; B. Drawings and/or sketches indicating the exterior surface design details (elevations) of the buildings upon the site; C. Drawings, drawn to scale, indicating the size, materials, method and intensity of illumination, height, color, sign area and general location of all signs proposed to be included within the planned signing program. SECTION II: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption. Presented by Approved as to form by W. J. Robens, Development George D.~berg, City Services Administrator Attorney FIRST READ at a regular meeting of the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, held December 22 , 198 ] , and finally PASSED AND ADOPTED at a regular meeting thereof held January 5 , 198 2 , by the following vote, to-wit: AYES: Councilmen: SCOtt, Cox, Gi]]0w, Campbell, McCand]~ss NAYES: Councilmen: None ABSENT: Councilmen: None ty of Chula Vista · Mayor of STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. ]96] , and that the same has not been amended or repealed. DATED City Clerk ORDINANCE NO. 1961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SEVERAL CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE ALL RELATING TO THE TRANSFER OF FEE REQUIREMENTS AS SPECIFIED IN THE CODE TO THE MASTER FEE SCHEDULE ADOPTED BY RESOLUTION OF THE CITY COUNCIL By a unanimous vote on January 5 , 1982, the City Council placed the ordinance on its second reading and adoption. The ordinance modifies the various ordinances that refer to fees included within the Master Fee Schedule. The Master Fee Schedule was approved and adopted by Resolution 10730. The increases in the various municipal fees were raised to keep pace with the inflation. Copies of the Master Fee Schedule and the Ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. Dated: Jan.14, 1982