Article IV — Uptown Whittier Park Once District

The Uptown Whittier Park Once District is hereby established and described as follows:

A.

The boundaries include the south side of Hadley Street on the north to the north side of Penn Street on the south from midblock between Friends and Washington Ave on the east to mid-block between Milton and Newlin Avenues on the west.

B.

The boundaries of the district shall be the same as the Uptown Whittier Specific Plan as approved by the city council in November 2008, as it may be amended from time to time.

(Ord. No. 2963, § 3, 2-8-11)

The Uptown Whittier Park Once District is established to manage public parking supply and demand within the district boundaries as well as improve transportation and parking related facilities and programs.

(Ord. No. 2963, § 3, 2-8-11)

The city manager is hereby directed to provide for the purchase, acquiring, installation, operation, maintenance, supervision, regulation and use of the parking meters provided for in this division and to maintain the meters in good workable condition.

(Ord. No. 2963, § 3, 2-8-11)

Each pay-by-space machine shall conspicuously display the applicable parking rates and instructions for use of the machine. Each pay-by-space shall, upon the deposit of the appropriate United States coins, currency, credit card, or city prepaid parking card with respect to a parking meter space controlled thereby, dispense a receipt showing the amount of time purchased and when the lawful parking period will expire for that space. Upon expiration of the lawful parking period, the right of a vehicle to occupy the space shall cease.

(Ord. No. 2963, § 3, 2-8-11)

The city manager shall have lines or markings painted or placed upon the curb, right-of-way or parking lot adjacent to each parking meter for the purpose of designating the parking space for which the parking meter is to be used. Spaces regulated by pay-by-space machines shall be assigned numbers, which shall be clearly painted or placed onto the curb next to each such space. It shall be unlawful and a violation of this division to park any vehicle across any such line or marking or to park the vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings.

(Ord. No. 2963, § 3, 2-8-11)

When a vehicle is parked in any space controlled by a pay-by-space machine and payment is required pursuant to Section 10.16.380 the operator of the vehicle shall, upon entering the parking space, immediately purchase time by depositing coins indicated on such meter or by depositing other forms of payment which may be accepted at pay-by- space machines such as dollar bills, credit cards, or prepaid city parking cards as specified on such machines. Failure to put the meter in operation by purchasing time shall constitute a violation of this division.

(Ord. No. 2963, § 3, 2-8-11)

It shall be unlawful and a violation of the provisions of this division for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provision of this division or post supporting such parking meter.

(Ord. No. 2963, § 3, 2-8-11)

It shall be unlawful and a violation of the provisions of this division to deposit or cause to be deposited in any parking meter any slugs, device or metallic substance, or any other substitute for any of the coins or other payment types specified in Section 10.16.300.

(Ord. No. 2963, § 3, 2-8-11)

A.

If the vehicle shall remain parked in any such parking space beyond the time for which payment has been made, the parking meter shall indicate such illegal parking and in that event, such vehicle shall be considered as parked overtime and beyond the period of legal parking time and the parking of a vehicle overtime or beyond the period of legal parking time in any such part of a street where any such meter is located shall be a violation of this division.

B.

It shall be unlawful and a violation of the provisions of this division for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter area.

(Ord. No. 2963, § 3, 2-8-11)

It shall be the duty of each police officer or parking enforcement officer to take the number of any meter at which any vehicle is over-parked, as provided in Section 10.16.350; the state vehicle license of such vehicle; the time and date of such over-parking, and make of such vehicle; and issue, in writing, a citation for illegal parking in the same form and subject to the same procedure provided for by the laws of the state applicable to the traffic violations within the city.

(Ord. No. 2963, § 3, 2-8-11)

The provisions of this division may be suspended from time to time by motion of the city council in any case where the council finds that strict compliance would not serve the public interest, including, but not limited to, the use of public streets and sidewalks for celebrations, special public events, celebration of holiday seasons and other such activity or purpose as the city council in its sole discretion shall determine.

(Ord. No. 2963, § 3, 2-8-11)

Under that authority of California Vehicle Code section 22508, the city council hereby establishes the following base meter rates for the following on-street parking areas within the Uptown Whittier Park Once District:

Street Side Limits Base Meter Rate (per hour)

Monday—Saturday Monday—Saturday
10:00 AM to 9:59 PM; 10:00 PM to 9:59 AM;
Sunday Noon to 9:59 Sunday 10:00 PM to
PM 11:59 AM

Greenleaf Avenue Easterly Hadley Street and Penn Street $1.00 Free

Greenleaf Avenue Westerly Hadley Street and Penn Street $1.00 Free

Bailey Street Northerly Comstock Avenue and Washington $1.00 Free Avenue

Bailey Street Southerly Comstock Avenue and Washington $1.00 Free Avenue

Philadelphia Street Northerly Comstock Avenue and Washington $1.00 Free Avenue

Philadelphia Street Southerly Comstock Avenue and Washington $1.00 Free Avenue

Wardman Street Northerly Comstock Avenue and Bright Avenue $1.00 Free

Wardman Street Southerly Comstock Avenue and Bright Avenue $1.00 Free

(Ord. No. 2963, § 3, 2-8-11)

Under the authority of California Vehicle Code section 22508, the city council hereby adopts the following process for adjusting Uptown Whittier Park Once District meter rates from time to time to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the metered area.

A.

To accomplish the goal of managing the supply of parking and to make it reasonably available when and where needed, a target occupancy rate of eighty-five percent is hereby established.

B.

At least annually and not more frequently than quarterly, the city manager or designatee shall survey the average occupancy for each parking area in the Uptown Whittier Park Once District that has parking meters. Based on the survey results, the parking manager or designated city staff shall adjust the rates up or down in twenty-five cent increments to seek to achieve the target occupancy rate. The base parking meter rate, and any adjustments to that rate made pursuant to this ordinance [Ordinance No. 2963], shall become effective upon the programming of the parking meter for that rate. A current schedule of meter rates shall be available at the city clerk's office.

C.

The hourly meter rate shall not exceed one dollar and fifty cents without the express approval of the city council.

D.

This section does not apply to off-street parking facilities as described in Section 10.16.020.

(Ord. No. 2963, § 3, 2-8-11)

A.

Establishment and Purpose of Fund. There is hereby established a special fund in the treasury of the city of Whittier to be known as the Uptown Whittier Park Once District Revenue Fund (referred to hereafter as the "fund"). Subject to the restrictions provided in this section, the fund is hereby established for the purpose of financing the Uptown Whittier Park Once District Program and other parking-related projects, including without limitation:

Capital expenditures for acquisition, construction completion of leasing of public parking lots, storage space, garages, single-or multi-level structures, and other off-street parking facilities on, under, or above the surface of any property, including public parks, squares, lands, easements or rights-of-way acquired or to be acquired by purchase, lease or condemnation, together with buildings, structures equipment, approach roads, entrances, exits, fencing, off-street parking meters, and other works, property or structures for the accommodation of automotive vehicles, and necessary or convenient for parking facilities to relieve congestion and facilitate, regulate and control traffic within the city of Whittier;

The payment of the costs of engineering and related studies and surveys;

The payment of the costs, operation and maintenance of parking facilities and related structures hereafter acquired or constructed, including the payment of possessory interest taxes required by any agreement authorized by city council;

The sole pledge for the servicing of past or future indebtedness incurred by the issuance of bonds or other instruments by or on behalf of the city of Whittier for the acquisition, construction and completion of off-street parking facilities;

The sole additional pledge augmenting a pledge of parking revenue for the servicing of past or future indebtedness incurred by the issuance of revenue bonds or other revenue instruments by or on behalf of the city of Whittier for the

acquisition, construction and completion of on- and off-street parking facilities; payment of the costs of engineering, construction and installation of meters and on-street parking bays in parking meter areas within Uptown Whittier by sidewalk narrowing after adoption of appropriate legislation by city council;

Payment of the administrative and operating expenses of the Uptown Whittier Park Once District;

Payment to the general fund for supplemental traffic regulation and control within the Uptown Whittier Park Once District;

Capital and operational expenditures to be used for activities benefiting the Uptown Whittier Park Once District as provided in Section 10.16.410 from amounts remaining in said special funding after making provision for the requirements under (1) through (7) above.

B.

Deposit of Monies Into the Fund; Segregated Accounts within Fund.

Twenty percent of the net revenue collected from the on-street parking meters ("parking meter revenue") shall be deposited into the treasury of the city of Whittier and credited to the fund in a segregated account known as the "parking meter revenue account."

Twenty percent of the net revenue collected from the parking meter revenue shall be deposited into the treasury of the city of Whittier and credited to the fund in a segregated account known as the "Off-Street Parking Revenue Account." To the extent practicable, all net revenues from off-street parking facilities (including surface parking) operated on city- owned property shall be credited to the off-street parking revenue account.

Sixty percent of the net revenue collected from the parking meter revenue shall be deposited into the treasury of the city of Whittier and credited to the fund in a segregated account known as the "Uptown Whittier Park Once District Account."

Use of Monies in the Parking Meter Revenue Account. The use of monies deposited into the parking meter revenue account pursuant to (B)(1) of this section, and any and all interest earned thereon, shall be expended: Monies will be used for the payment in any fiscal year of all principal, interest, premium and all other payments required pursuant to any documents authorizing any indebtedness or obligations issued or created by, or on behalf of, the city of Whittier in connection with the financing of the construction, acquisition and/or equipping of on-street parking facilities including pay-by-space meters or if no said indebtedness or obligations exists, the monies may be allocated to the "Off-Street Parking Revenue Account" and the "Park Once District Account" in amounts deemed appropriate by the city council.

Use of Monies in Off Street Parking Revenue Account. The monies deposited into the off-street parking revenue account pursuant to (B)(2) of this section and any and all interest earned thereon, shall be expended for the purposes set forth in subsection (A)(1) and/or (A)(2) of this section, in any order of priority.

Use of Monies in Park Once District Revenue Account. The monies deposited into the Park Once District Revenue Account pursuant to (B)(3) of this section and any and all interest earned thereon, shall be expended for the purposes set forth in Section 10.16.410.

Definitions. When used in this section, the term "net revenues" shall mean, with respect to each facility, all income, revenue, interest earnings and other money of every nature arising out of or in connection with or derived from the ownership, operation or leasing of such facility in such fiscal year less maintenance and operation costs of such facility. The term "maintenance and operation costs" shall mean, with respect to each facility, the reasonable and necessary costs of operation and maintenance, calculated on sound accounting principles, including (among other things) salaries and wages, 3rd party fees for services, costs of materials, supplies and fuel, reasonable expenses of management, legal fees, accounting fees, repairs and other expenses necessary to maintain and preserve the facility in good repair and working order, and reasonable amounts for administration, overhead, insurance, taxes (if any), and other similar costs, but excluding in all cases (i) depreciation and obsolescence charges or reserves therefor; (ii) amortization of intangibles premiums, discounts, or other bookkeeping entries of a similar nature, (iii) costs of capital additions, replacement, betterments, extensions or improvements to the facility, which under generally accepted accounting principles are chargeable to a capital account or to a reserve for depreciation; and (iv) amounts paid from sources other than the fund.

(Ord. No. 2963, § 3, 2-8-11)

Revenues generated from on-street within the Uptown Whittier Park Once District boundaries shall be accounted for separately from other city funds and may be used for the following purposes.

A.

All expenses of administration of the parking program including transportation and parking planning, marketing and education programs.

B.

All expenses for the control of traffic (including pedestrian and vehicle safety, comfort and convenience) which may affect or be affected by the parking of vehicles in the metered area.

C.

For improving, operating and maintain on- or off-street parking facilities

D.

For installation and maintenance of landscaping, pedestrian linkages, sidewalk cleaning, street furniture, wayfinding systems, and traffic-control devices and signals. Notwithstanding any other provision of law, the revenue deposited shall be expended as provided for in this ordinance [Ordinance No. 2963].

(Ord. No. 2963, § 3, 2-8-11)