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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIoiso I I V A L
From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San
Bernardino authorizing an amendment to the
Dept: Police Department Lease and Services Agreement with Nestor
Traffic Systems, Inc., to expand the existing
Date: April 16, 2008 Traffic Signal Violation System.
M/CC DATE: April 21, 2008
Synopsis of Previous Council Action:
4-01-2008 Item continued to April 21, 2008
3-17-2008 Motion to set a public hearing for April 7, 2008 to authorize an amendment to the
Lease and Services Agreement with Nestor Systems,Inc.
5-4-2006 Resolution No. 2005-107 - Contract with Nestor Traffic Systems
5-4-2006 Resolution No. 2005-107A- Contract with Cal-Trans for State Signal Access
Recommended Motion:
1. Close the Public Hearing.
2. Adopt Resolution.
3. Authorize the addition of the following positions in Traffic Bureau (Account #001-217) for
FY 2008/09:
One (1) Police Officer ($79,274- 6 mos.)
One (1) Community Service Officer Supervisor ($37,662 - 6 mos.)
4. Direct the Human Resources Department to update Resolution #97-244 (Position Control)
as part of adopting the FY 2008/09 General Fund budget to reflect this particular action.
5. Authorize Finance to adjust the FY 08-09 court fines revenues budget as needed.
�'(J'�
MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person: Captain Theodis Henson Phone: 384-5609
Supporting data attached: Yes Staff Report/Resolution Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance
Council Notes:
Aso a008 -/3 - (�
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject
Resolution of the City of San Bernardino authorizing an amendment to the Lease and Services
Agreement with Nestor Traffic Systems, Inc., to expand the existing Traffic Signal Violation
System.
Backy-round
In December 2004, Fred Wilson, the City Manager, was asked to explore the feasibility of
implementing a Red Light Camera program. On May 4, 2005, the Mayor and Common Council
approved Resolution No. 2005-107, authorizing a Lease and Services Agreement with Nestor
Traffic Systems, Inc., for a Traffic Signal Violation System. The goal of this program is to
improve our traffic safety program to reduce the number of traffic accidents caused by red light
violations. We do this by following the Federal Highway Administration's (FHA) suggestion to
train against aggressive driving habits and inattention by using red light camera systems as a
force multiplier to enforce red light laws. Exhibit A of the Lease specified that video monitoring
systems would monitor a minimum of eight(8) approaches at the following four(4) intersections
selected by mutual agreement of City and Nestor.
Implementation was phased in starting with Waterman Avenue and Hospitality Lane according
to the following matrix. A 30-day warning period and a series of press releases preceded the
start of enforcement activities at each intersection.
Location Start-Up Enforcement Citations/Warnings
Date Date (up to 11112008
Waterman Ave. and Hospital t Lane 7/1/2005 8/1/2005 13,279
4F Street and Waterman Avenue 10/1/2006* 11/1/2006* 1,573
Highland Avenue and Arden Street 10/l/2006* 11/1/2006* 4,878
30th Street and Waterman Avenue 12/20/2007* 1/20/2008* 215
Total Citations & Warnings 1 1 19,945
* These three intersections are controlled and maintained by the California Department of
Transportation (Cal-Trans). Implementation of the video monitoring systems at these
intersections was delayed due to concerns and revised safety demands raised by Cal-Trans. The
Waterman Avenue and 30th Street implementation date was delayed the longest due to concerns
by Cal-Trans about overhead high voltage electrical lines. Nestor Traffic Systems had to
redesign their plans and re-submit several revised sets of plans to Cal-Trans to accommodate
their concerns.
The Red Light Camera Enforcement project has significantly reduced the number of injuries
associated with collisions at the enforcement intersections as demonstrated in the following
tables. This success can be attributed to the actual enforcement and the visual impact of the
equipment in place at the intersections. A review of the violations shows that a majority of them
were for failure to come to a complete stop while making a right turn on a red light.
Hospitality and Waterman —Enforcement started 08-01-2005
Year Collisions Injuries
2005 (Jan -Dec 05) 50 23
2006 (Jan- Dec 06) 25 11
2007 (Jan - Dec 07) 13 4
40TH Street and Waterman—Enforcement started 12-01-2006
Year Collisions Injuries
2005 (Dec 04 - Dec 05) 23 13
2006 (Dec 05 -Nov 06) 24 14
2007 (Dec 06 -Nov 07) 13 4
Arden and Hi hland—Enforcement started 12-01-2006
Year Collisions Injuries
2005 (Dec 04 - Nov 05) 24 8
2006 (Dec 05 - Nov 06) 24 14
2007 (Dec 06 - Nov 07) 23 5
30THStreet and Waterman —Enforcement started 01-20-2008
Year Collisions Injuries
2005 (Jan 05 - Dec 05) 24 12
2006 (Jan 06 -Dec 06)* 14 2
2007 (Jan 07 - Dec 07)* 15 4
* While enforcement did not start at 30th and Waterman until 01-20-2008, enforcement signs
were posted at the intersection during the summer of 2006 when construction started.
During implementation of the initial four intersections, several discussions and meetings were
held involving the City Manager's Office, Information Technology, Police Department, and
Traffic Engineering to work through problems with CalTrans intersections and discuss the
feasibility of expanding the program. A decision was made to hold off evaluating an expansion
of the program until all of the initial four intersections became operational and the impact of the
program could be determined. Once 30th & Waterman became operational, Information
Technology and the Police Department completed the impact analysis, utilizing a blend of the
FHA concept (reducing collisions through training against aggressive driving and behind the
wheel inattention), along with a review of collision related data which includes the follow
elements:
1. Average Daily Traffic (ADT) count provided by Traffic Engineering.
2. Number of accidents, injuries and fatalities caused by red light violations during the time
frame of January 1, 2005 through December 31, 2007.
3. A one-day survey of red light violations conducted by Nestor Traffic Systems, Inc.
4. The intersection's ability to expose a large number of motorists to this traffic safety tool.
Should the Mayor and Common Council decide to expand the Red Light Camera program, the
following seven (7) intersections are listed for their consideration. This would expand the
program by twenty-six (26) approaches at seven (7) intersections for a total of thirty-four (34)
approaches at eleven (11) intersections. Initially identified were two (2) other locations. After
further analysis, the seven (7) suggested locations are a better match relative to the selection
criteria.
Location ADT Surveyed Accidents Injuries Fatalities
Count Violations
Suggested Locations:
University & Kendall 28,850 1022 39 18 0
Highland & Waterman 26,994 366 47 27 2
Waterman& 9th 26,100 90 55 22 0
9th& Mt. Vernon 23,941 183 46 15 0
Tippecanoe & San Bernardino 21,500 506 48 34 1
Mt Vernon & Rialto 19,000 97 46 46 0
Orange Show& "E" 18,133 490 71 34 1
Other Surveyed Locations:
Tippecanoe & Harriman 37,100 148 5 0 0
Baseline & H St* 29,793 90 76 38 0
5th& H St* 22,958 32 50 39 0
Victoria& Citrus 17,839 370 5 1 0
Mill & Pepper 17,600 72 23 28 0
30th& Leroy** 22,115 296 7 2 0
* Will be re-constructed as part of the I-215 widening project.
** CalTrans intersection
Nestor Traffic Systems will begin construction upon executing the amendment to the Lease and
Services Agreement. Construction will be completed in groups of two (last group would be 3
intersections), with all seven intersections completed within approximately 180 days. As all
seven intersections are controlled and maintained by the City; therefore, there will be no
interaction with Cal-Trans.
The additional seven intersections will spend the remainder of FY 2007/08 in the implementation
phase. The actual and projected citations for FY 2007/08 through FY 2009/10 are as follows:
FY 07/08 FY 08109 FY 09110
Intersection Group Projected Projected Projected
Original Four Intersections 13,182 14,268 14,268
Phase II Seven Intersections -0- 48,083 61,140
Total Citations 13,182 62,357 75,408
The Police Department currently uses a police officer to perform 20 to 24 hours per week of
Traffic Signal Violation System duties for the four operational intersections. These duties
include viewing videos of violations and approving citations, showing violations to drivers,
preparation for court, and court testimony. This commitment is projected to grow to a minimum
of 80 hours per week to administer 11 intersections (4 Phase-I + 7 Phase-II). The additional
hours for the Phase-I1 intersections include a second dedicated court day each week, based on
projections from the San Bernardino County Superior Court. These duties can be performed by
one police officer and one Community Service Officer 1I1, each dedicated 100% of the time to
the Traffic Signal Violation System program. The duties would be divided as follows:
Community Service
Traffic Signal Violation System Police Officer Officer Supervisor
Program Duties Hours Hours
Reviewing violations/issuing citations 22 0
Showing videotaped violations to drivers 0 10
Preparation work for court 0 12
Court testimony 16 8
Inspection of intersections 2 4
Administrative work 0 6
Total per classification 40 40
The Police Department is recommending that one (1) additional Community Service Officer
Supervisor and (1) additional Police Officer position be added to the department's Table of
Organization effective January 1, 2009 to handle the additional workload. Without these
additional positions the Police Department would be forced to abandon the proposed expansion
or further utilize existing patrol field resources, diminishing police visibility in the community
and increasing response times.
Financial Impact
The FY 2007/08 adopted budget includes $391,200 for lease payments to Nestor Traffic Systems
for the initial four intersections. There will not be any additional costs in FY 2007/08 associated
with the expansion of the Red Light Camera program. Costs for FY 2008/09 and FY 2009/10
are as follows.
Projected Expenses FY 08109 FY 09110
Nestor lease payments including $1,982,650 $2,501,760
Seven new intersections
(incremental)
Police officer (A/B step — $79,274* $101,354
Sal /Benefits)
Community Service Officer $37,662* $78,612
Supervisor(Step 1 —Salary/
Benefits)
Total Expenses $2,099,586 $2,681,726
Court fines will cover both personnel cost and lease payments.
* Both additional positions would be added to the Table of Organization effective January 1,
2009.
The costs of the current and proposed contract amendment with Nestor Traffic Systems, Inc. are
as follows:
• For the existing four intersections, the fixed rate cost per-approach (one side of an
intersection) for the eight existing approaches (2 at each of the four existing
intersections) is $5,015.00 per month. These costs are valid for the five-year
enforcement period at each intersection (starting on the original date of initial
enforcement) and will be renegotiated for FY 2010/11.
• For the additional seven intersections, the fixed rate cost per-approach for new sites
will be $7,015.00 per month. Nestor Traffic Systems explains that this is the current
basic approach cost. This cost includes any number of digital cameras necessary to
properly capture left turn violations, right turn violations, and straight-through
violations, plus all processing, court services, and violator services for the approach.
Nestor no longer provides analog camera approaches (like our initial 8 approaches).
This fixed price is valid for the entire five-year contractual enforcement period for
each approach.
Recommendations
1. Close the Public Hearing.
2. Adopt Resolution.
3. Authorize the addition of the following positions in Traffic Bureau (Account #001-217)
for FY 2008/09:
One (1)Police Officer($79,274—6 mos.)
One (1) Community Service Officer Supervisor ($37,662—6 mos.)
4. Direct the Human Resources Department to update Resolution #97-244 (Position
Control) as part of adopting the FY 2008/09 General Fund budget to reflect this particular
action.
5. Authorize Finance to adjust the FY 08/09 court fines revenues budget as needed.
o .
1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
3 AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
4 TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
VIOLATION SYSTEM.
5
WHEREAS, on March 24, 2008, the City Council duly set a public hearing to be held
6
7 on April 7, 2008, pursuant to Section 21455.6 of the California Vehicle Code, by giving notice
8 by publication in a newspaper of general circulation, to consider entering into an amended
9 agreement with Nestor Traffic Systems, Inc. to expand the existing Traffic Signal Violation
10 System..
11 WHEREAS, on April 21, 2008, the City Council held a public hearing pursuant to
12 Section 21455.6 of the California Vehicle Code, to consider entering into an amended
13
agreement with Nestor Traffic Systems, Inc. to expand the existing Traffic Signal Violation
14
15 System, and all persons who wished to speak, were provided an opportunity to do so at the
16 Public hearing.
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
18
19 SECTION 1: The City Manger is hereby authorized and directed to execute the
20 "Amendment to Agreement" of the Traffic Signal Violation Video-Enforcement System Lease
21 and Services Agreement approved May 4, 2005 with Nestor Traffic Systems, a copy of which
22 is attached as Exhibit "A", and incorporated herein by reference. All other terms and
23 conditions of the Lease and Services Agreement will remain in effect and unchanged.
24
SECTION 2: The Director of Finance is authorized and directed to issue a
25
26 Purchase Order to Nestor Traffic Systems, Inc. for an amount not to exceed $1,949,560 for FY
27 2008/09 and$2,249,200.00 for FY 2009/10.
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
2 AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
3 VIOLATION SYSTEM.
4
5 SECTION 3: This amendment shall not take effect or become operative until
6 fully signed and executed by the parties and no party shall be obligated hereunder until the time
7 of such full execution. No oral agreements, amendments, modifications or waivers are
8 intended or authorized and shall not be implied from any act or course of conduct of any party.
9 SECTION 4: This resolution is rescinded if the parties to the contract fail to
10
execute it within sixty(60) days of the passage of this resolution.
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28 IIl
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
2 AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
3 VIOLATION SYSTEM.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2008,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
BAXTER
11
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18 Rachel G. Clark, City Clerk
19 The foregoing resolution is hereby approved this day of , 2008.
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to
Form:
24
1
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26 James F. Pe an, City Attorney
27
28
Exhibit." A"
1 AMENDMENT TO AGREEMENT
2 This Amendment to Agreement is entered into this day of , 2008,
3 by and between Nestor Traffic Systems, Inc., ("Nestor") and the City of San Bernardino
4 ("Municipality").
5 RECITALS
6 A. On May 4, 2005,the Municipality and Nestor entered into a written contract entitled
7 "Traffic Signal Violation Video-Enforcement Agreement" ("Agreement") for the installation and
8 assistance in the administration and operation of traffic video monitoring systems.
9 B. Pursuant to the Agreement,Nestor completed eight approaches at four intersections
10 as identified on Exhibit A, attached hereto and incorporated herein by this reference.
11 C. Municipality and Nestor now desire to amend the Agreement to increase the number
12 of intersections at seven locations for the installation of traffic video monitoring systems, and to
13 increase the compensation for the services authorized in the Agreement.
14 AGREEMENT
15 In consideration of the mutual promises contained in the Agreement, the parties agree as
16 follows:
17 1. Nestor shall install traffic video monitoring systems at the locations, approach
18 directions, and compensation as set forth in Exhibit B, attached hereto and incorporated herein by
19 this reference. Nestor shall provide services for four years from the date the monitoring systems are
20 completed and approved in writing by Municipality.
21 2. Section 1,subsection 1.1 of Exhibit A ofthe Agreement is hereby amended to include
22 the four intersections completed from the date of execution of the Agreement.
23 3. Nestor shall provide to Municipality all relevant documents under its custody and
24 control to prepare and prosecute a contested citation at a trial. The documents shall include,but not
25 be limited to, copies of citations, "affidavits of innocence,"certifications of mailing, and operation
26 logs for each citation. Municipality and Nestor shall meet and agree on a procedure,which shall be
I27 reduced to writing,on the procedures each party shall comply with to meet the requirements of this
28 paragraph.
1
1 4. All other provisions of the Agreement are reaffirmed as originally stated therein.
2 IN WITNESS THEREOF, the parties hereto have executed this Amendment to Agreement
3 on the day and date first above written.
4
5 Dated:f iki addg , 2008 Nestor Traffic Systems, Inc.
6
7 By: �
arence Davis
g President and CEO
9
10
Dated: 52008 CITY OF SAN BERNARDINO
11
12
By:
13 City Manager
14
ATTEST:
15
16 Rachel Clark, City Clerk
17
18
Approved as to Form:
19
JAMES F. PENMAN,
20 City Attorney
21
By:
22
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2
r
Exhibit A
A. Service Locations, Periods, and Periods of Service:
1. South Waterman Avenue at East Hospitality Lane, San Bernardino, California;
Enforcement Period Started: July 1, 2005;
Enforcement Period Ends: June 30, 2010;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement;
Collision Avoidance feature included for both approaches.
2. North Waterman Avenue at East 40th Street, San Bernardino, California;
Enforcement Period Started: November 17, 2006;
Enforcement Period Ends: November 16, 2011;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement.
3. East Highland Avenue at North Arden Avenue, San Bernardino, California;
Enforcement Period Started: January 1, 2007;
Enforcement Period Ends: December 31, 2011;
Approaches: Two (East and West);
Approaches: Left, Right, and Straight Enforcement.
4. North Waterman Avenue at East 30th Street, San Bernardino, California;
Enforcement Period Started: January 20, 2008;
Enforcement Period Ends: January 19, 2013;
Approaches: Two (South and West);
Approaches: Left, Right, and Straight Enforcement.
DHC/sls.Agreements.ExhibitA.B.Amendment to Agreement.Nestor 020508
Exhibit B
A. Service Locations, Periods and Periods of Service:
1. North University Parkway at West Kendall Drive, San Bernardino, California;
Enforcement Period: Four years from the date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month (left,right, and straight enforcement);
Collision Avoidance feature included for all approaches.
2. South Tippecanoe Avenue at East San Bernardino Avenue, San Bernardino, California;
Enforcement Period: Four years from date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month(left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
3. North Waterman Avenue at East 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and East);
Cost per Approach: $7,015.00 per month(left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
4. North Waterman Avenue at East Highland Avenue, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Four(North, South, East and West);
Cost per Approach: $7,015.00 per month (left,right, and straight enforcement);
Collision Avoidance feature included for all approaches.
5. South E Street at West Orange Show Road, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
6. North Mt. Vernon Avenue at West 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and South);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
7. South Mt. Vernon Avenue at West Rialto Avenue, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
T)TA(`/Aa op—tc Fvh;},;tA R A—A—Pnt to Aar--t NTactnr A 1'7()R
I AMENDMENT TO AGREEMENT
2 This Amendment to Agreement is entered into this day of , 2008,
3 by and between Nestor Traffic Systems, Inc., ("Nestor") and the City of San Bernardino
4 ("Municipality").
5 RECITALS
6 A. On May 4,2005,the Municipality and Nestor entered into a written contract entitled
7 "Traffic Signal Violation Video-Enforcement Agreement" ("Agreement") for the installation and
8 assistance in the administration and operation of traffic video monitoring systems.
9 B. Pursuant to the Agreement,Nestor completed eight approaches at four intersections
10 as identified on Exhibit A, attached hereto and incorporated herein by this reference.
11 C. Municipality and Nestor now desire to amend the Agreement to increase the number
12 of intersections at seven locations for the installation of traffic video monitoring systems, and to
13 increase the compensation for the services authorized in the Agreement.
14 AGREEMENT
15 In consideration of the mutual promises contained in the Agreement, the parties agree as
16 follows:
17 1. Nestor shall install traffic video monitoring systems at the locations, approach
18 directions, and compensation as set forth in Exhibit B, attached hereto and incorporated herein by
19 this reference. Nestor shall provide services for four years from the date the monitoring systems are
20 completed and approved in writing by Municipality.
21 2. Section 1,subsection 1.1 of Exhibit A of the Agreement is hereby amended to include
22 the four intersections completed from the date of execution of the Agreement.
23 3. Nestor shall provide to Municipality all relevant documents under its custody and
24 control to prepare and prosecute a contested citation at a trial. The documents shall include,but not
25 be limited to,copies of citations, "affidavits of innocence,"certifications of mailing, and operation
26 logs for each citation. Municipality and Nestor shall meet and agree on a procedure,which shall be
27 reduced to writing,on the procedures each party shall comply with to meet the requirements of this
28 paragraph.
1
1 4. All other provisions of the Agreement are reaffirmed as originally stated therein.
2 IN WITNESS THEREOF,the parties hereto have executed this Amendment to Agreement
3 on the day and date first above written.
4
5 Dated: tgl i- �4 a���� , 2008 Nestor Traffic Systems, Inc.
6
7 By: ��
arence Davis
g President and CEO
9
10
Dated: 52008 CITY OF SAN BERNARDINO
11
12
By:
13 City Manager
14
ATTEST:
15
16 Rachel Clark, City Clerk
17
18
Approved as to Form:
19
JAMES F. PENMAN,
20 City Attorney
21
By
22
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2
Exhibit A
A. Service Locations, Periods, and Periods of Service:
1. South Waterman Avenue at East Hospitality Lane, San Bernardino, California;
Enforcement Period Started: July 1, 2005;
Enforcement Period Ends: June 30, 2010;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement;
Collision Avoidance feature included for both approaches.
2. North Waterman Avenue at East 40th Street, San Bernardino, California;
Enforcement Period Started: November 17, 2006;
Enforcement Period Ends: November 16, 2011;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement.
3. East Highland Avenue at North Arden Avenue, San Bernardino, California;
Enforcement Period Started: January 1, 2007;
Enforcement Period Ends: December 31, 2011;
Approaches: Two (East and West);
Approaches: Left, Right, and Straight Enforcement.
4. North Waterman Avenue at East 30th Street, San Bernardino, California;
Enforcement Period Started: January 20, 2008;
Enforcement Period Ends: January 19, 2013;
Approaches: Two (South and West);
Approaches: Left, Right, and Straight Enforcement.
DHC/sls.Agreements.ExhibitA.B.Amendment to Agreement.Nestor 020508
,_. Exhibit B
A. Service Locations, Periods and Periods of Service:
1. North University Parkway at West Kendall Drive, San Bernardino, California;
Enforcement Period: Four years from the date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
2. South Tippecanoe Avenue at East San Bernardino Avenue, San Bernardino, California;
Enforcement Period: Four years from date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
3. North Waterman Avenue at East 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
4. North Waterman Avenue at East Highland Avenue San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Four(North, South, East and West);
Cost per Approach: $7,015.00 per month(left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
5. South E Street at West Orange Show Road, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
6. North Mt. Vernon Avenue at West 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and South);
Cost per Approach: $7,015.00 per month(left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
7. South Mt. Vernon Avenue at West Rialto Avenue, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month(left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
44. Item Deleted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TO BE HEARD AT 4:00 P.M.
Police
45. Public hearing - formalization of a Red Light Camera Photo Enforcement
System Policy and expansion of the existing Traffic Signal Violation System.
(See Attached) (No Cost to City.) All Wards
Resolution of the City of San Bernardino formalizing a Red Light Camera Photo
Enforcement System Policy and authorizing an amendment to the lease and
services agreement with Nestor Traffic Systems, Inc., to expand the existing
Traffic Signal Violation System. (Resolution not available at time of
printing.)
Approved
MOTION: That the matter be continued to April 21, 2008.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TO BE HEARD AT 4:30 P.M.
Development Services
46. Public hearing - resolution ordering the vacation of a portion of Crescent
Avenue between Huff Street and College Drive. (See Attached) (No Cost to
City.) Ward 3
Resolution of the City of San Bernardino ordering the vacation of a portion of
Crescent Avenue between Huff Street and College Drive and reserving public
utility easements therein.
Mayor to open the hearing . . .
Approved
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report from the Director of Development Services, as
to why the portion of Crescent Avenue between Huff Street and
College Drive is no longer necessary for public street purposes,
be adopted; and that said resolution be adopted.
Adopted 2008-112
16 04/07/2008
CITY OF SAN BE RNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San
Bernardino formalizing a Red Light Camera
Dept: Police Department Photo Enforcement System policy and
authorizing an amendment to the Lease and
Date: March 20, 2008 Services Agreement with Nestor Traffic
Systems, Inc., to expand the existing Traffic
Signal Violation System.
M/CC DATE: April 7, 2008
Synopsis of Previous Council Action:
3-17-08 Motion to set a public hearing for April 7,2008 to formalize a Red Light Camera
Photo Enforcement policy and authorize an amendment to the Lease and Services
Agreement with Nestor Systems,Inc.
5-4-2006 Resolution No. 2005-107 - Contract with Nestor Traffic Systems
5-4-2006 Resolution No. 2005-107A- Contract with Cal-Trans for State Signal Access
Recommended Motion:
1. Close the Public Hearing.
2. Adopt Resolution.
3. Authorize the addition of the following positions for FY 2008/09:
One (1) Police Officer($64,813 - 8 mos.)
One (1) Community Service Officer Supervisor ($74,179- 11 mos.)
4. Direct the Human Resources Department to update Resolution #97-244 (Position Control)
as part of adopting the FY 2008/09 General Fund budget to reflect this particular action.
MICHAEL A.BILLDT, CHIEF OF POLICE
Contact person: Captain Theodis Henson Phone: 384-5609
Supporting data attached: Yes Staff Report/Resolution Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance
Council Notes: O
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject
Resolution of the City of San Bernardino formalizing a Red Light Camera Photo Enforcement
System policy and authorizing an amendment to the Lease and Services Agreement with Nestor
Traffic Systems, Inc., to expand the existing Traffic Signal Violation System.
Background
On May 4, 2005, the Mayor and Common Council approved Resolution No. 2005-107,
authorizing a Lease and Services Agreement with Nestor Traffic Systems, Inc., for a Traffic
Signal Violation System. The goal of this program is to improve our traffic safety program to
reduce the number of traffic accidents caused by red light violations. We do this by following
the Federal Highway Administration's (FHA) suggestion to train against aggressive driving
habits and inattention by using red light camera systems as a force multiplier to enforce red light
laws. Exhibit A of the Lease specified that video monitoring systems would monitor a minimum
of eight (8) approaches at the following four (4) intersections selected by mutual agreement of
City and Nestor.
Implementation was phased in starting with Waterman Avenue and Hospitality Lane according
to the following matrix. A 30-day warning period and a series of press releases preceded the
start of enforcement activities at each intersection.
Location Start-Up Enforcement Citations/Warnings
Date Date (up to 11112008)
Waterman Ave. and Hospitality Lane 7/1/2005 8/1/2005 13,279
40t Street and Waterman Avenue 10/1/2006* 11/1/2006* 1,573
Highland Avenue and Arden Street 10/1/2006* 11/1/2006* 4,878
301 Street and Waterman Avenue 12/20/2007* 1/20/2008* 215
Total Citations & Warnings 19,945
* These three intersections are controlled and maintained by the California Department of
Transportation (Cal-Trans). Implementation of the video monitoring systems at these
intersections was delayed due to concerns and revised safety demands raised by Cal-Trans. The
Waterman Avenue and 30th Street implementation date was delayed the longest due to concerns
by Cal-Trans about overhead high voltage electrical lines. Nestor Traffic Systems had to
redesign their plans and re-submit several revised sets of plans to Cal-Trans to accommodate
their concerns.
The Red Light Camera Enforcement project has significantly reduced the number of injuries
associated with collisions at the enforcement intersections as demonstrated in the following
tables. This success can be attributed to the actual enforcement and the visual impact of the
equipment in place at the intersections.
Hospitality and Waterman —Enforcement started 08-01-2005
Year Collisions Injuries
2005 (Jan - Dec 05) 50 23
2006 Jan - Dec 06 25 11
2007 (Jan - Dec 07) 13 4
40TH Street and Waterman —Enforcement started 12-01-2006
Year Collisions Injuries
2005 (Dec 04 - Dec 05) 23 13
2006 (Dec 05 - Nov 06) 24 14
2007 (Dec 06 - Nov 07) 13 4
Arden and Hi bland—Enforcement started 12-01-2006
Year Collisions Injuries
2005 (Dec 04 -Nov 05) 24 8
2006 Dec 05 -Nov 06 24 14
2007 (Dec 06 -Nov 07) 23 5
30THStreet and Waterman —Enforcement started 01-20-2008
Year Collisions Injuries
2005 (Jan 05 - Dec 05) 24 12
2006 (Jan 06 - Dec 06)* 14 2
2007 (Jan 07 - Dec 07)* 15 4
* While enforcement did not start at 30th and Waterman until 01-20-2008, enforcement signs
were posted at the intersection during the summer of 2006 when construction started.
The Police Department is recommending that the Traffic Signal Violation System be expanded
by twenty-three (23) approaches at seven (7) intersections for a total of thirty-one (3 1)
approaches at eleven (11) intersections. This recommendation is based on the reduction in traffic
accidents caused by red light violations at the initial four intersections. The expansion will
improve traffic safety by further reducing the number of serious traffic accidents and the number
of injuries caused by red light violations while increasing the public's awareness of red light
intersection safety. The Department is recommending that the following seven (7) additional
intersections be equipped with Traffic Signal Warning Systems:
Location Number ofApproaches
University Parkway and Kendall Drive 4—All directions
Tippecanoe Ave and San Bernardino Ave 4—All directions
Victoria Ave and Citrus Ave 2—North and South
Waterman Ave and Highland Ave 4—All directions
E Street and Orange Show Road 4—All directions
Mt Vernon Ave and 9t Street 2—North and South
rTippecanoe Ave and Harriman Ave 3 —North, South, and East
These intersections were selected based on the following criteria:
1. Volume of vehicle traffic.
2. Number of accidents and injuries caused by red light violations.
3. A one-day survey of red light violations conducted by Nestor Traffic Systems, Inc.
4. The intersection's ability to expose a large number of motorists to this traffic safety tool.
Nestor Traffic Systems will begin construction upon executing the amendment to the Lease and
Services Agreement. Construction will be completed in groups of two (last group would be 3
intersections), with all seven intersections completed within approximately 180 days. All seven
intersections are controlled and maintained by the City; therefore, there will be no interaction
with Cal-Trans.
The additional seven intersections will spend the remainder of FY 2007/08 in the implementation
phase. The actual and projected citations for FY 2007/08 through FY 2009/10 are as follows:
FY 07/08 FY 08109 FY 09110
Intersection Group Projected Projected Projected
Original Four Intersections 13,182 14,268 14,268
Phase II Seven Intersections 41,600 49,200
Total Citations 13,182 55,868 63,468
The Police Department currently uses a police officer to perform 20 to 24 hours per week of
Traffic Signal Violation System duties for the four operational intersections. These duties
include viewing videos of violations and approving citations, showing violations to drivers,
preparation for court, and court testimony. This commitment is projected to grow to a minimum
of 80 hours per week to administer 11 intersections (4 Phase-I + 7 Phase-II). The additional
hours for the Phase-II intersections include a second dedicated court day each week, based on
projections from the San Bernardino County Superior Court. These duties can be performed by
one police officer and one Community Service Officer III, each dedicated 100% of the time to
the Traffic Signal Violation System program. The duties would be divided as follows:
Community Service
Traffic Signal Violation System Police Officer Officer Supervisor
Program Duties Hours Hours
Reviewing violations/issuing citations 22 0
Showing videotaped violations to drivers 0 10
Preparation work for court 0 12
Court testimony 16 8
Inspection of intersections 2 4
Administrative work 0 6
Total per classification 40 40
The Police Department is recommending that one (1) additional Community Service Officer
Supervisor position be added to the department's Table of Organization as of August 1, 2008 and
one additional Police Officer position on November 1, 2008. Without these additional positions
the Police Department would be forced to abandon the proposed expansion or further utilize
existing patrol field resources, diminishing police visibility in the community and increasing
response times.
The California Vehicle Code Section 21455.5 (a) requires that the City of San Bernardino have a
policy regarding the operation of a Red Light Camera Photo Enforcement System and the
selection of locations. Additionally, the California Vehicle Code section 21455.6 (a) requires a
city council or county board of supervisors shall conduct a public hearing on the proposed use of
an automated enforcement system authorized under Section 21455.5 prior to authorizing the city
or county to enter into a contract for the use of the system. This expansion also formalizes the
City of San Bernardino's existing policy regarding the operation of our Red Light Camera Photo
Enforcement System in the Resolution.
Financial Impact
The FY 2007/08 adopted budget includes $391,200 for lease payments to Nestor Traffic Systems
for the initial four intersections. There will not be any additional costs in FY 2007/08 associated
with the expansion of the Red Light Camera program. Costs for FY 2008/09 and FY 2009/10
are as follows.
Projected Expenses FY 08109 FY 09110
Nestor lease payments including $1,949,560 $2,249,220
Seven new intersections
(incremental)
Police officer(A/B step— $64,813* $107,749
Sala /Benefits)
Community Service Officer $74,179** $84,817
Supervisor(Step 1 — Salary/
Benefits)
Total expenses $2,088,552 $2,441,786
Court fines will cover both personnel cost and lease payments.
* Police Officer position added as of 11/1/2008.
** CSO Supervisor position added as of 8/1/2008.
The costs of the current and proposed contract amendment with Nestor Traffic Systems, Inc. are
as follows:
• For the existing four intersections, the fixed rate cost per-approach (one side of an
intersection) for the eight existing approaches (2 at each of the four existing
intersections) is $5,015.00 per month. These costs are valid for the five-year
enforcement period at each intersection (starting on the original date of initial
enforcement) and will be renegotiated for FY 2010/11.
• For the additional seven intersections, the fixed rate cost per-approach for new sites
will be $7,015.00 per month. Nestor Traffic Systems explains that this is the current
basic approach cost. This cost includes any number of digital cameras necessary to
properly capture left turn violations, right turn violations, and straight-through
i
violations, plus all processing, court services, and violator services for the approach.
Nestor no longer provides analog camera approaches (like our initial 8 approaches).
This fixed price is valid for the entire five-year contractual enforcement period for
each approach.
Recommendations
1. Close the Public Hearing.
2. Adopt Resolution.
3. Authorize the addition of the following positions for FY 2008/09:
One (1) Police Officer($64,813 —8 mos.)
One (1) Community Service Officer Supervisor ($74,179— 11 mos.)
4. Direct the Human Resources Department to update Resolution #97-244 (Position Control)
as part of adopting the FY 2008/09 General Fund budget to reflect this particular action.
1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALIZING A RED
3 LIGHT CAMERA PHOTO ENFORCEMENT SYSTEM POLICY AND
4 AUTHORIZING AN AMENDMENT TO THE LEASE AND SERVICES AGREEMENT
WITH NESTOR TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC
5 SIGNAL VIOLATION SYSTEM.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1: It is the policy of the City of San Bernardino to operate the Red
10 Light Camera Photo Enforcement System as a traffic safety tool. In accordance with the
11 recommendations of the Federal Highway Administration, the City of San Bernardino's Red
12 Light Camera Photo Enforcement System shall be used as a highly visible traffic safety tool to
13 train against driver inattention and aggressive driving habits at intersections with electronic
14
multi-phase traffic signals, in an effort to help reduce collisions and injuries associated with
15
violent collisions at intersections. Locations will be selected based on their Average Daily
16
17 Traffic (ADT) count, and the location's ability to expose a large number of motorists to this
18 traffic safety tool.
19 SECTION 2: The Mayor of San Bernardino is hereby authorized and directed
20
to execute an amendment to the Lease and Services Agreement with Nestor Traffic Systems,
21
22 Inc., for a Traffic Signal Violation System, a copy of which is attached as Exhibit "A" and
23 Exhibit "B" incorporated by reference. All other terms and conditions of the Lease and
24 Services Agreement will remain in effect and unchanged.
25 SECTION 3: The Director of Finance is authorized and directed to issue a
26 Purchase Order to Nestor Traffic Systems, Inc. for an amount FY
27
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALIZING A RED
3 LIGHT CAMERA PHOTO ENFORCEMENT SYSTEM POLICY AND
4 AUTHORIZING AN AMENDMENT TO THE LEASE AND SERVICES AGREEMENT
WITH NESTOR TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC
5 SIGNAL VIOLATION SYSTEM.
6
7 2008/09 and$2,249,220 for FY 2009/10.
8 SECTION 4: This amendment shall not take effect or become operative until
9 fully signed and executed by the parties and no party shall be obligated hereunder until the time
10 of such full execution. No oral agreements, amendments, modifications or waivers are
11 intended or authorized and shall not be implied from any act or course of conduct of any party.
12 SECTION 5: This resolution is rescinded if the parties to the contract fail to
13
execute it within sixty(60) days of the passage of this resolution.
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27 ///
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1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALIZING A RED
3 LIGHT CAMERA PHOTO ENFORCEMENT SYSTEM POLICY AND
AUTHORIZING AN AMENDMENT TO THE LEASE AND SERVICES AGREEMENT
4 WITH NESTOR TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC
5 SIGNAL VIOLATION SYSTEM.
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7
8 and Common Council of the City of San Bernardino at a meeting thereof, held
9 on the day of , 2008, by the following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13
BRINKER
14
DERRY
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of 12008.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to
25 Form:
26
27 James F. Penman, City Attorney
28