HomeMy WebLinkAbout2020-06-19; North County Transit District Parking Management Update; Barberio, GaryTo the members of the:
<:ITY COUNCIL
Date lof1q /.;;o CA ~CC ✓
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June 19, 2020
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From:
Via:
Re:
Gary T. Barberio, Deputy City Manage~, munity Services Branch
Geoff Patnoe, Assistant City Manager ·
North County Transit District (NCTD) r ing Management Update
{city of
Carlsbad
Memo ID# 2020129
This memorandum provides information on recent changes to NCTD's parking lot management
practices and enforcement of new parking regulations.
The City of Carlsbad currently leases two parking lot areas on land owned by NCTD in the Village
area:
• the Washington Street Parking Lot lease area; and,
• the Parking Lot lease area west of the Blue Water Grill restaurant.
The city currently pays approximately $42,000 per year to lease these two parking lots. These
two leased parking lot areas would not be affected by NCTD's recent changes in parking lot
management practices.
All other Village area parking lots owned by NCTD are within the management control of NCTD
and will be affected by the recent changes in NCTD's parking lot management practices.
Background
On June 8, 2020, NCTD sent a letter informing the city of recent changes to their parking lot
management (Attachment A). It referenced an agreement with various police departments
regarding enforcement of NCTD Ordinances, California Vehicle Code, Penal Code and the Public
Utilities Code at NCTD properties and transit facilities. Attachment B is the agreement with the
Carlsbad Police Department, which was signed on Nov. 25, 2019.
Discussion
NCTD has begun enforcing parking rules for NCTD's parking lots in early 2020. They are also in
the process of installing new signage that will indicate NCTD parking lots are to be used only by
NCTD transit patrons. NCTD has also offered to discuss shared parking arrangement
opportunities that would continue to support transit ridership and are mutually beneficial to
NCTD and the city.
Community Services Branch
799 Pine Ave., Suite '200 I Carlsbad, CA 92008 I 760-434-2861 t
Honorable Mayor Hall and Members of the City Council
June 19, 2020
Page 2
NCTD owns approximately 14 acres of land in the Village area west of State Street, between
Laguna Drive and Oak Avenue on both sides of the railroad tracks. Most ofthis land is utilized for
the Coaster Station, the Bus Transfer Station, and NCTD parking lot areas to support the parking
needs for these uses. The largest NCTD parking lot is located just north of the Coaster Station, on
the east side of the railroad tracks.
The City of Carlsbad currently leases two parking lot areas on land owned by NCTD. The
Washington Street Parking Lot lease area consists of 39 parking spaces and is located on the west
side of the railroad tracks, east of Washington Street, south of Grand Avenue, and north of Oak
Avenue. The second Parking Lot lease area consists of 62 parking spaces and is located on the
east side of the railroad tracks, south of Grand Avenue, north of Oak Avenue, and west of the
Blue Water Grill restaurant. The city currently pays approximately $42,000 per year to lease
these two parking lots. These two leased parking lot areas would not be affected by NCTD's
recent changes in parking lot management practices. These are the only two parking lot areas
that the city has a lease agreement in place. All other Village area parking lots owned by NCTD
are within the management control of NCTD and will be affected by the recent changes in NCTD's
parking lot management practices.
The City of Carlsbad is also currently renegotiating a lease with NCTD for the Train Depot
building. The city owns the Train Depot building and Visit Carlsbad is our tenant in the building,
but NCTD owns the land on which the building is located. The draft lease would include the land
the building is located on, plus approximately four parking spaces to serve the Train Depot
building. The draft lease is for a 10-year term at a nominal rent rate.
Next Steps
On June 16, 2020, city staff reached out to NCTD staff to find out more information on shared
parking arrangement opportunities on the parking lot areas that are within the management
control of NCTD. Staff will continue these discussions with NCTD to determine whether there are
opportunities that are mutually beneficial to both agencies.
Attachments: A. NCTD letter dated June 8, 2020
B. MOU with Carlsbad PD dated Nov. 25, 2019
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Paz Gomez, Deputy City Manager, Public Works Branch
Laura Rocha, Deputy City Manager, Administrative Services
Neil Gallucci, Police Chief
Robby Contreras, Assistant City Attorney
Tom Frank, Transportation Director
Curtis Jackson, Real Estate Manager
John Kim, City Traffic Engineer
Attachment A
NORTH COUNTY
TRANSIT DISTRICT
810 Mission Avenue June 8, 2020
Oceanside, CA 92054
(760) 966-6500
(760) 967-2001 (fax)
GoNCTD.com Mr. Scott Chadwick
Manager, City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Sent Via electronic mail: manager@carlsbadca.gov
Re: Parking Management Update
Dear Mr. Johnson:
This letter is to inform you of recent changes to the North County Transit District's
(NCTD) parking lot management and enforcement of new parking regulations.
Following are key activities and the schedule that support the improved regulation
of parking.
1. Through 2018 and 2019, NCTD and various police departments entered
into agreements to enforce NCTD Ordinances, California Vehicle Code,
Penal Code, and the Public Utilities Code at NCTD properties and transit
facilities located throughout the north San Diego County area.
2. In late 2019, NCTD awarded contracts to several vendors to render towing
services in support of parking enforcement activities on a rotating basis.
3. NCTD has begun enforcing the parking rules for NCTD's parking lots in
early 2020. New signage has been installed at all COASTER stations and
installation of signage at the SPRINTER stations will be completed by the
end of June 2020. This signage indicates NCTD Parking lots are to be used
only by NCTD transit patrons and prohibits the following:
a. Public (non-transit) parking
b. Commercial parking
c. Unattached trailer parking
d. Oversized vehicle parking
e. RV parking
Re: Parking Management Update
June 8, 2020
Page 2 of 2
We understand these changes to the current parking . arrangement may be
disruptive to yowr constituents' lives and businesses, and therefore provide this
notice to you to communicate accordingly. In the event your City may be seeking
parking to further support your residents and businesses, we invite discussions for
shared parking arrangement opportunities that would continue to support transit
ridership and are mutually beneficial to NCTD and your City.
Please contact Jeff Ryan, Senior Planner with NCTD's Development Services
Division, with questions or to schedule a meeting. Mr. Ryan can be reached at
(760) 967-2850 or via email at jryan@nctd.org.
Sincerely, ·
Matthew 0. Tucker
Executive Director
cc: Priya Bhat-Patel, NCTD Board Member and Council Member, City of
Carlsbad
Tony Kranz, NCTD Board Chair and Council Member, City of Encinitas
Tracey Foster, Chief Development Officer, NCTD
Joel Lavespere, Director of Security, NCTD
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Nov. 19, 2019
Mayor and City Council
Scott Chadwick, City Manager
Cindy Anderson, Senior Management Analyst
Cindy.Anderson@carlsbadca.gov, 760-931-2170
Attachment B
·#lC CA Review_, __
Subject: Memorandum of Understanding with North County Transit District
Recommended Action ·
Approval of a Memorandum of Understanding (MOU) with North County Transit District (NCTD)
to assist in the enforcement of parking and vehicular access at NCTD properties located in
Carlsbad.
Executive Summary
The city frequently receives various complaints on the property belonging to the North County
Transit District. This MOU with NCTD would formally allow the Police Department to enforce
NCTD Ordinances, the California Vehicle Code, Penal Code, and the Public Utilities Code at
NCTD properties and transit facilities located within the City of Carlsbad. City Council approval
is recommended for inter-agency agreements such as this MOU.
Discussion
NCTD is a non-city agency which owns and operates two public transit stations in Carlsbad: the
Carlsbad Village Station, located at 2775 State Street, and the Carlsbad Poinsettia Station,
located at-6511 Avenida Encinas. Under currently applicable laws and established practices,
NCTD has allowed the Police Department to come onto NCTD property to enforce Penal Code
-violations, as well as certain provisions of the California Vehicle Code and the Public Utilities
Code. However, the Police Department does not have the authority to enforce NCTD
Ordinances; only the County Sheriff's Department deputies and any contracted or specially
designated law enforcement authorities may do so.
In recent years, the Police Department has regularly responded to calls for service at NCTD
p,roperty located in Carlsbad, particularly for parking issues and vehicular obstructions. The
Police Department has also informally assisted NCTD with the investigation and enforcement of
an increasing number of parking and vehicular obstruction-related incidents on NCTD property
located in Carlsbad.
The proposed MOU with NCTD (Attachment A, contained within Exhibit 1) would formally allow
the Police Department to assist in the enforcement of the parking and vehicular access
provisions provided in NCTD Ordinance Numbers 3 and 5, the California Vehicle Code, the Penal
Code and the Public Utilities Code at NCTD properties and transit facilities within the City of
Carlsbad. The MOU will also provide officers additional tools to address quality of life issues
that impact areas near NCTD properties. The limited enforcement s.ervices outlined in the MOU
would be provided at the discretion of the Police Department. The MOU would not result in a
contractual or agency relationship such that the Police Department is obligated to enforce
parking, vehicular access or other laws on NCTD property. The MOU does not require the Police
Department to provide additional enforcement services at any NCTD properties, nor does it
lessen any obligation of NCTD's contracted law enforcement providers such as the County
Sheriff's Department. Both parties to the MOU have the authority to terminate the agreement
with 14 days advance notice.
Fiscal Analysis
At this time, the Police Department does not anticipate an appreciable fiscal impact as a result
of the proposed MOU. Per the terms of the MOU, NCTD shall provide support to the Police
Department including training regardin·g NCTD policies and operations upon the request of the
Police Department, and any support or training costs will be provided by NCTD. The Police
Department does not foresee expending significantly more resources in responding to calls for
service on NCTD property than it otherwise has been.
Next Steps
Both parties to the MOU, as well as their legal counsel, have already reviewed and approved
the proposed version of the MOU. Once approved by the City Council, the Carlsbad City
Manager and the NCTD Executive Director will sign the MOU. The Carlsbad Police Department
will then have the formal legal authority to provide the described parking and vehicular access-
related law enforcement services on NCTD property.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, th.is action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for vieyving
at least 72 hours prior to the posting of the agenda.
Exhibits
1. City Council Resolution
2. NCTD Ordinance 3
3. NCTD Ordinance 5
2
RESOLUTION NO. 2019-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING WITH NORTH COUNTY TRANSIT DISTRICT (NCTD) TO ASSIST
IN THE ENFORCEMENT OF PARKING AND VEHICULAR ACCESS AT NCTD PROPERTIES LOCATED IN
CARLSBAD.
WHEREAS, North County Transit District (NCTD) is a non-city agency which owns and operates two public
transit stations in Carlsbad: the Carlsbad Village Station, located at 2775 State Street, and the Carlsbad Poinsettia
Station, located at 6511 Avenida Encinas; and
WHEREAS, the Carlsbad Police Department and NCTD seek to formalize the authority of the Carlsbad
Police Department to enforce all applicable parking and vehicular access laws on NCTD property; and
WHEREAS, the Carlsbad Police Department does not currently have the authority to enforce NCTD
Ordinances, in particular their parking and vehicular access provisions; and
WHEREAS, the Carlsbad Police Department regularly receives calls for service regarding parking and
vehicular access issues at NCTD properties located within the city and is unable to provide the relevant
enforcement services on these properties; and
WHEREAS, the City Council of the City of Carlsbad finds that the health, safety and welfare of its residents
would be better. served by entering into a Memorandum of Understanding ("MOU") with NCTD to allow the
Carlsbad Police Department to assist in the enforcement of parking and vehicular access provisions contained in
NCTD Ordinances, the California Vehicle Code, the Penal Code and the Public Utilities Code at NCTD prqperties
and transit facilities located in the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the city manager is hereby authorized to execute the Memorandum of Understanding
between NCTD and the City of Carlsbad, a copy of which is attached as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 19th day of November 2019, by the following vote, to wit:
AVES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
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NORTH COUNTY
TRANSIT DISTRICT
ATTACHMENT -A
NCTD Document No. 2019-23
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN NORTH COUNTY TRANSIT DISTRICT AND CITY OF CARLSBAD
REGARDING PARKING AND VEHICULAR ACCESS AT
NCTD PROPERTIES AND TRANSIT FACILITIES LOCATED IN THE CITY OF CARLSBAD
This Memorandum of Understanding (MOU) is made and entered into by and between the
NORTH COUNTY TRA.NSIT DISTRICT (NCTD), operating under and pursuant to Public Utilities Code
Section 125000, et seq. and the CITY OF CARLSBAD (CITY), individually referred to as a "Party" and
collectively referred to herein as "Parties".
RECITALS
The following recitals are a substantive part of this MOU:
WHEREAS, the Parties to this MOU are empowered by law to provide for education, safety,
security, and order at, on or near NCTD transit facilities; and
WHEREAS, NCTD is a public agency operating pursuant to Public Utilities Code sections 125000,
et seq., and is expressly authorized pursuant to Public Utilities Code section 125220 to make contracts and
enter into stipulations of any nature with the County Sheriff and municipal police departments for the
provision of law enforcement, physical security, and related services; and
WHEREAS, the CITY is agreeable, in addition to · rendering necessary law enforcement in
accordance with the basic level of services customarily provided by the City's Police Department
(DEPARTMENT) for the public purpose of preserving public safety, to assist NCTD in the enforcement of
the parking and vehicular access provisions provided in NCTD Ordinance Nos. 3 and 5, the California
Vehicle Code, the Penal Code and the Public Utilities Code at NCTD properties and transit facilities located
within the City of Carlsbad; and
WHEREAS, NCTD, via this MOU, is not contracting for dedicated law enforcement services or any
specific law enforcement service(s) and does not have any expectation or requirement that CITY provide
any particular service(s), and
WHEREAS, pursuant to NCTD Ordinance No. 3 and NCTD practice, the NCTD Executive Director
may, in writing, authorize local law enforcement, within its official capacity, to enforce provisions of
applicable NCTD Ordinances on NCTD property and transit facilities; and
WHEREAS, NCTD desires for the DEPARTMENT to assist in the enforcement of the parking and
vehicular access provisions provided in NCTD Ordinance Nos. 3 and 5, the California Vehicle Code, the
Penal Code and the Public Utilities Code at NCTD properties and transit facilities located within the City of
Carlsbad, within DEPARTMENT's official jurisdiction, and by and through this MOU expressly designates
all DEPARTMENT officers as NCTD Authorized Enforcement Personnel for said purposes; and
WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes
set forth above. ·
1
NCTD Document No . 2019-23
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as
follows:
NCTD AGREES:
1. This MOU serves as written authorization from NCTD's Executive Director to the DEPARTMENT to
assist in the enforcement of applicable provisions of NCTD Ordinance Nos, 3 and 5, the California
Vehicle Code, the Penal Code and Public Utilities Code provisions related to parking and vehicular
access on all NCTD properties and transit facilities located within the DEPARTMENT'S official
jurisdiction within the City of Carlsbad.
2. To designate the DEPARTMENT and its employees, as NCT.D Authorized Enforcement Personnel,
as provided for and defined in NCTD Ordinance Nos. 3 and 5.
3. To provide support to the DEPARTMENT including training regarding NCTD policies and operations
upon request of the DEPARTMENT to facilitate the activities authorized herein. Any support and
training costs, if any, shall be paid for by NCTD.
At NCTD properties and transit facilities located within the City of Carlsbaq, NCTD will not rely on the
DEPARTMENT as the sole or primary Authorized Enforcement Personnel for any law enforcement
services, including enforcing parking and vehicular access laws, rules and/or regulations. The
DEPARTMENT shall in its sole discretion determine the amount of services it shall provide to NCTD.
CARLSBAD POLICE DEPARTMENT AGREES:
1. To provide law enforcement services at the sole discretion of the DEPARTMENT encompassing
duties and · functions of the type within the jurisdiction of, and customarily r.endered by, the
DEPARTMENT under the Ordinances of the City, the Ordinances of NCTD, and statutes of the State
of California, as they apply to parking and vehicular access in and around NCTD Property.
2. To accept the designation and act as NCTD Authorized Enforcement Personnel at the discretion of.
the DEPARTMENT, as provided for and defined in NCTD Ordinance Nos. 3 and 5.
3. The DEPARTMENT will not act as the sole or primary Authorized Enforcement Personnel for any law
enforcement services, including enforcing parking and vehicular access laws, rules and/or
regulations at any NCTD properties and transit facilities located within the City of Carlsbad.
THE PARTIES MUTUALLY AGREE:
1. The above Recitals are true and correct and are integrated as part of this MOU.
2. Any correspondence required or permitted under this MOU may be personally served on the other
Party by the Party giving notice, or may be served by email, fax or prepaid registered or certified
USPS mail, return receipt requested, to the following addresses:
For NCTD: For City of Carlsbad :
North County Transit District Carlsbad Police Department
810 Mission Avenue 2560 Orion Way
Oceanside, CA 92054 Carlsbad, CA 92010-7240
Attn: Sean Loofbourrow Attn: Neil Gallucci
Phone: (760) 967-2827 Phone: 760-931-2100
E-mail: sloofbourrow@nctd.org Email: neil.gallucci@carlsbadca.gov
· 3. This MOU may be terminated by any party at any time , with or without cause, upon either party
providing fourteen (14) days advance written notice of its intent to terminate the Agreement. The
termination effective date shall be the 15th day following the giving of said notice.
4. This MOU shall continue in effect unless and until a Party to the MOU gives fourteen (14) days
advance written notice of its desire to withdraw from the MOU.
2
NCTD Document No. 2019-23
5. Neither Party nor any officer thereof is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the other Party under or in connection with any work, authority
or jurisdiction delegated under this MOU. Except for claims that arise due to the sole negligence or
willful misconduct attributed to a single Party to this Agreement, it is understood and agreed that,
pursuant to Government Code section 895.4, the Parties shall mutually defend, indemnify and save
harmless one another, including all officers and employees from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defined in Government Code
section 810.8) occurring by reason of anything done or omitted to be done by either Party under or
in connection with any work, authority or jurisdiction delegated thereto under this MOU.
6. The indemnification provisions of this MOU shall survive termination of the MOU.
7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is
brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal
court si~uated in the County of San Diego, State of California.
8. All claims, counterclaims, disputes and other matters in question between the Parties arising out of
or relating to this MOU or its breach will. be decided by arbitration if the Parties mutually agree or in
a court of competent jurisdiction in accordance with the choice of law/venue provisions provided
herein.
9. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
10. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as
agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive
control over their personnel, agents, consultants, and operations.
11. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed
by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be
binding on any of the Parties hereto.
12. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third ·
Parties to this MOU or affect the legal liability of the Parties to this MOU.
13. Each Party declares that, prior to execution of this MOU, it has consulted with its attorney in order
that it may intelligently exercise its own judgment in deciding whether to execute this MOU.
14. Each Party declares that it has read this MOU and understands and knows the contents thereof and
represents and warrants that each of the Parties executing this MOU is empowered to do so and
hereby binds the respective Party.
15. This MOU may be executed in any number of identical counterparts, each of which shall be deemed
to be an original, and all of which together shall be deemed to be one and the same instrument when
each party has signed one such counterpart. The Parties further agree that a facsimile copy of the
executed counterparts shall have the same force and effect as an original.
3
NCTD Document No. 2019-23
IN WITNESS WHEREOF, the Parties have cause . this OU to be executed and delivered as of
the last date of the Parties signature. ( · .
NORTH COUNTY TRANSIT DISTRICT Cl~ 0 · ARLSBAD o.a~te 2
Executive Director
APPROVED AS TO FORM
•.·~
Lori A. Winfree
General Counsel
11 -u-,1
Date Signed
Date Signed
APPROVED AS TO FORM
C&or ~b"=4-A" ~
Celia Brewer
City Attorney
Date ~igned
4
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NORTH COUNTY
RANSIT DISTRICT
NORTH COUNTY TRANSIT DISTRICT
ORDINANCE NO. 3
(as Adopted December 17, 2009, and Amended through February 21, 2019)
An Ordinance Establishing the North County Transit District's Code of Regulations
The Board of Directors of the North County Transit District (NCTD) does ordain as follows:
Section 1:
EXHIBIT 2
The Board hereby amends Ordinance No. 3, an Ordinance Establishing the North County Transit
District's Code of Regulations, as amended, and attached hereto as Exhibit A. This Ordinance
shall become effective April 7, 2019. ·
PASSED, APPROVED AND ADOPTED at the regular meeting of the Board of Directors of the .
NORTH COUNTY TRANSIT .DISTRICT this 21 st day of February, 2019.
/
8IO Mission Avenue O Oceanside, CA 92054 a (760) 966-6500
EXHIBIT A
NORTH COUNTY TRANSIT DISTRICT
ORDINANCE NO. 3
(as Adopted December 17, 2009, and Amended through February 21, 2019)
An Ordinance Establishing the North County Transit District's Code of Regulations
The Board of Directors of the North County Transit District ("NCTD") does ordain as follows:
Section 1: General
Section 1.1: Findings
A. The use of NCTD's transportation system, including all facilities and vehicles appurtenant
thereto, is expressly conditioned upon compliance with the rules and regulations
promulgated by NCTD pursuant to its statutory authority, and all rights, privileges and
permits, express or implied, for use of the said transportation system are and shall be
deemed revocable, and each such right, privilege license or permit shall, at the option of
NCTD or its duly authorized representative be and be deemed to be revoked and canceled
by and upon the breach of any such rules and regulations or any applicable laws or
ordinances while in or upon the said transportation system; and
B. California Penal Code Section 640, prohibits specified acts on or in a facility or vehicle of
a "public transportation system," as defined by Section 99211 of the Public Utilities Code:
and
C. NCTD's transportation system qualifies as a public transportation system, "as defined in
Public Utilities Code Section 99211 as a "system of an operator which provides
transportation services to the general public by any vehicle which operates on land or
water"; and
D. California Public Utilities Code section 99170, expressly prohibits certain acts "with
respect to the property, facilities . or vehicles of a transit district"; and
E. NCTD is also a "transit district," as defined in Public Utilities Code section 99213; and
F. Public Utilities Code section 1251OS(f) authorizes the Board to: "Do any and all things
necessary to carry out the purposes of this division, including, but not limited to, adopting
all ordinances and making all rules and regulations proper or necessary to regulate the
use, operation, and maintenance of the district's property and facilities"; and
G. Public Utilities Code section 125450 expressly provides penalties for violation of "any
ordinance, rule or regulation" enacted by NCTD "relating to nonpayment of a fare in any
transit facility owned or controlled by the board": and
H. · Public Utilities Code section 125451 prohibits any person from giving, either orally or in
writing information to a public officer or employee engaged in the enforcement of State
law and the rules and regulations adopted by NCTD under State law, if that person knows
that the information is false; and
P 2 f 16 NORTH COUNTY TRANSIT DISTRICT ~
age O \/\/E 1\1\0VE PEOPLE
I. Public Utilities Code section 125452 states that a violation of any ordinance, rule, or
regulation enacted by the NCTD Board prohibiting unauthorized operation or manipulation
of transit facilities owned or controlled by the board, or prohibiting unauthorized tampering
or interference with, or loitering in or about, transit facilities owned or controlled by the
board, is an infraction or misdemeanor; and
J. Public Utilities Code section 125453 states that a violation of any ordinance, rule, or
regulation enacted by the NCTD Board prohibiting the unauthorized entering into, climbing
upon, holding onto or in any manner attaching oneself to vehicles operated upon exclusive
public mass transit guideWays owned or controlled by the board, is an infraction or
misdemeanor; and · ·
K. Penal Code section 369i states that any person who enters or remains upon the property
of any railroad without the permission of the owner of the land, the owner's agent, or the
person in lawful possession and whose entry, presence, or conduct upon the property
interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train
is guilty of a misdemeanor, punishable in accordance with Penal Code section 19; and
L. Penal Code section 836.5 provides that a public agency such as NCTD may authorize, by
ordinance, its public officers and employees to arrest a person, without a warrant. for
committing a misdemeanor or infraction that is a violation of a statute or ordinance that
the officers have a duty to enforce; and
M. The Board of Directors of NCTD recognizes it has limited financial and operational
resources available in terms of enforcement personnel and must utilize those limited
resources effectively by authorizing its designated staff to exercise discretion in
enforcement of applicable rules and regulations to best address the needs of the District
and the public.
N. The Board of Directors of NCTD desires to incorporate prohibitions of State law, adopt
certain additional rules and regulations proper and necessary to regulate the use,
operation and maintenance of NCTD's property and facilities, prohibit non-payment of .
fares, and authorize certain designated public officers and employees to arrest persons
and issue citations, in accordance with Penal Code section 836.5.
0. The characteristics of commuter rail, such as COASTER, are intended to accommodate
longer trips with relatively few train stops. To accommodate those operating
characteristics, commuter trains typically include customer amenities such as tables, trash
receptacles, arid bathrooms that cannot be provided for on buses or light rail vehicles.
Based on the aforementioned, the NCTD Board of Directors finds that COASTER
cwstomers are allowed to consume light meals or snacks and consume beverages
contained in spill-resistant containers and soft-sided, single use/disposable containers
made of paper, Styrofoam, light plastic. PVC, or similar materials, with friction sealed tops
onboard COASTER. .
Section 1.2: Definitions
The following terms as used in this Ordinance shall have the following meanings:
A.
Page 3 of 16
Alcoholic Beverage -"Alcoholic Beverage" means alcoholic beverage, or beverages, as
defined in the Alcoholic Beverage Control Act, Business and Professions Code section
23000 et seq., as it may be amended in the future.
NO!ITH COUNTY TRANSIT DISTRlt;T ~
\f\!E /v10VE PEOPLE
B. Authorized Enforcement Personnel -Shall include any NCTD Officer, any Peace Officer,
or ariy designated NCTD Employee or contractor of NCTD acting in an official capacity,
including a Private Security Officer. For the purposes of this Ordinance any NCTD
Employee or contractor of NCTD acting in an official capacity as Authorized Enforcement
Personnel must be expressly designated as such by the Executive Director in writing
within the applicable job description, employment contract or service contract.
C. Bicycle -"Bicycle" shall mean and refer to a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears, and having two or
more wheels.
D. Bus -"Bus" shall mean and refer to any motor vehicle, other than a motor truck or truck
tractor, designed for carrying more than 1 O persons including the Driver, and used or
· maintained for the transportation of Passengers, except that any motor vehicle, other than
a motortruck or truck tractor, designed for carrying not more than 12 persons, including
the Driver, which is maintained and used in the nonprofit transportation of adults to and
from a work location as part of a carpool program or when transporting only members of
the household of the owner thereof, shall not be considered to be a Bus for the purpose
of this section.
E. Bus Stop -"Bus Stop" shall mean and refer to a designated area marked by a sign
depicting a specific route number, or numbers, for the loading ·and unloading of
passengers from, or onto, a bus, which may or may not include a bench or shelter.
F. Citation -"Citation" shall mean a written notice to appear issued pursuant to the provisions
of Penal Code section 836.5.
G. COASTER -"COASTER" shall mean and refer to the regional Train service also known
as the San Diego Coast Express Rail operated in the Central and Northern coastal region
of San Diego County by or on behalf of NCTD.
H. Commercial Activities -"Commercial Activities" include the advertising, display, sale,
lease, offer for sale or lease, or distribution of food, goods, newspapers, services or
entertainment, including the distribution of promotional advertisements, circulars or
materials.
I. Commercial Vehicle -"Commercial Vehicle" shall mean and refer to a vehicle of a type
required to be registered under the Vehicle Code and used or maintained for the
transportation of persons for hire, compensation, or profit or designed, used, or maintained
primarily for the transportation of property. Passenger vehicles, which are not used for the
transportation of persons for, hire, compensation, or profit and house cars are not
Commercial Vehicles.
J. Driver -"Driver" is a person who drives or is in actual physical control of a vehicle.
K. Expressive Activities -"Expressive Activities" includes holding any meeting, performing
any ceremony, making any speech, address, demonstration, or oration; carrying,
exhibiting, displaying or distributing· any sign, placard, notice, pamphlet, literature, survey,
declaration, or appeal of any kind; conducting or participating in any proselytizing,
parading, marching, patrolling, and/or demonstrating, or any other protected Expressive
Activities as defined in State or federal law.
L. Fare -"Fare" is the amount payable for transportation upon the NCTD Facility or NCTD
Vehicle on which a person is a Passenger or on which he or she attempts to board,
according to the then-current schedule of fares established by NCTD and approved by the
San Diego Association of Governments ("SANDAG").
P 4 f 16 NORTH COUNTY TRANSIT DISTRICT ~ age O WE f1ilQ\IE PEOPLE
M. Fare Paid Zone -"Fare Paid Zone" shall mean and refer to those areas designated by
signage or other clear visual indications within any NCTD Transit Facility, including but not
limited to train stations or bus platforms, in which persons are prohibited from entering
except upon payment of the applicable Fare and in possession of Proof of Fare Payment.
N. · Identification -''.Identification" shall mean aild refer to a driver's license or other satisfactory
evidence ofa person's identity or, if the person does not have a driver's license or other
satisfactory evidence of identity in his or her possession, the person's right thumbprint, or
a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the
notice to appear.
0. NCTD Facility or NCTD Transit Facility -"NCTD Facility" or "NCTD Transit Facility" shall
mean and refer to the NCTD system, operated by or on behalf of NCTD, including, in its
whole or in its part the rights-of-way, tracks, bridges, power stations, yards, shops,
stations, parking.areas, Trains, motor vehicles, real and personal property, platforms and
all things ancillary or convenient to the operation thereof.
P. NCTD Officer or NCTD Employee -"NCTD Officer" or "NCTD Employee" is a person who
is directly appointed or employed by NCTD, who is a public officer or public employee and
who is not an independent contractor of NCTD.
Q. NCTD Vehicle -"NCTD Vehicle" shall mean and refer to Buses and Trains or any form of
public conveyance utilized, owned, or controlled by NCTD.
R. Passenger -"Passenger" shall mean and refer to any person occupying, riding or using
any NCTD Vehicle, boarding or de-boarding such a Vehicle or waiting within a designated
paid zone waiting area at a NCTD Transit Facility.
S. Peace Officer -"Peace Officer" shall mean and refer to a person who meets certain
requirements of law set forth in Penal Code section ·s30 et seq.
T. Pedestrian -"Pedestrian" shall mean and refer to any person who is afoot or who is using
a means of conveyance propelled by human power other than a Bicycle.
U. Proof of Fare Payment -"Proof of Fare Payment" means any of the following, as
applicable:
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1. A monthly pass (Adult, Youth, or Senior/Disabled) or other time-delimited pass valid
for use on the NCTD Vehicle, purchased by or for the Passenger, and valid for the
time of use.
2. A single-ride ticket purchased by or for the Passenger from a fare vending machine or
customer service representative. This single-ride ticket is . valid provided the
Passenger in possession is qualified for the fare category printed on the ticket, and
the Passenger is using the ticket within two hours of the date and time printed on the
ticket. The single-ride ticket must be valid for the entire length of time that the
Passenger in possession is on board the Veh.icle.
3. A multi-ride ticket (such as a Day Pass") valid for use on an NCTD Vehicle at the time
of use, purchased by or for the Passenger from a fare vending machine or customer
service representative.
4. A valid transfer from a public transit system in San Diego County to an NCTD Vehicle,
including a transfer ticket from an NCTD Bus to an NCTD Train. All such transfers
shall be considered valid Proof of Fare Payment until the expiration time printed.
5. Any valid fare media as described above that is stored on a "Smart Card" or regional
"COMPASS CARD".
6. Any other authorized method of payment.
NOii.TH COUNTY TllAHSIT DISTRICT vVE !v10VF PEOPI_E