HomeMy WebLinkAbout2020-06-25; North County Transit District Parking Management Update - REVISED; Barberio, GaryTo the members of the:
CITY COUNCIL
Date 0/asbocA ✓ cc v
CM V ACM .✓ DCM (3) V
June 25, 2020
Council Memorandum
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, C~munity Services
Geoff Patnoe, Assistant City Manager ~
{city of
Carlsbad
Memo ID# 2020136
Re: North County Transit District {NCTD) Parking Management Update -REVISED
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 $48,000 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 25, 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 (Attachment C). Most of this
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 (Attachment
C). 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 63 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 $48,000 per year to lease
these two parking lots. The annual (Sept. 2019-Aug. 2020) lease rate for the Washington Street
Parking Lot is $29,901 ($766.69/space) and the annual (June 2019-May 2020) lease rate for the
Blue Water Grill Parking lot was $17,616.76 ($279.61/space). Both of these parking lot leases
have annual lease rate increases based on the annual Consumer Price Index. 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
(Attachment C). 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 arrangem·ent 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
C. Parking Leased to Carlsbad Maps
Honorable Mayor Hall and Members of the City Council
June 25, 2020
Page 3
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Paz Gomez, Deputy City Manager, Public Works
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
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 services 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, this 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 viewing
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
ATTACHMENT - A
NCTD Document No. 2019-23
NORTH COUNTY -...::-◄
TRANSIT DISTRICT -
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 TRANSIT 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 NCTb 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 Carlsbad, NGTD 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 rendered 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 liclbility 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 wor-k, 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 situated 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
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 or9ain as follows:
Section 1: General
Section 1.1: Findings
A.
B.
C.
D.
E.
F.
G.
H.
Page 2 of 16
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 u'se 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
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
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
California Public Utilities Code section 99170, expressly prohibits certain acts "with
respect to the property, facilities. or vehicles of a transit district"; and
NCTD is also a "transit district," as defined in Public Utilities Code section 99213; and
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
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
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
NORTH COUNTY TRANSIT DISTRICT ~
\/VE J\110VE 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 Boar,d of Directors finds that COASTER
customers 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.
NOl!lff COUNTY TRANSIT DISTRICT ~ V\IE N10\IE 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 ariy motor vehicle, other than a motor truck or truck
tractor, designed for carrying more than 10 persons Jncluding 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 ("SAN DAG").
P 4 f 16 NORTH COUNfl' TRANSIT DISTRICT ~
age O \/VE 1\110\!E 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 and refer to a driver's license or other satisfactory
evidence of a 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 ·a30 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:
Page 5 of 16 ·
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 Vehicle.
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 rnedia as described above that is stored on a "Smart Card" or regional
"COMPASS CARD".
6. Any other authorized method of payment.
NORffl COUNTY TRANSIT DISTRICT ~ \NE iv'\OVE PEOPLE