RED LIGHT
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If you
haven't already done so, please read the San Bernardino section on
the Camera Towns page City of San Bernardino Documents (City is
Bankrupt, Program is Closed) San Bernardino, pop. 184,000, is 55 miles east of downtown
Los Angeles.
Violations
Recorded, Citations Issued New 8-21-11, updated
2-28-13
This table made by highwayrobbery.net, using official monthly tabulations of citations actually issued. Source data: Official tabulations for 2005-2010 Source data: Official tabulations for 2011 Source data: Official tabulations for Jan. - Aug. 2012 (Nestor cameras only) Source data: Official tabulation for May 2012 (ATS cameras only) [10] Source data: Official tabulation for June 2012 (ATS cameras only) [10] Source data: Official tabulation for July 2012 (ATS cameras only) [10] Source data: Official tabulation for Aug. 2012 (ATS cameras only)[10] Source data: Official tabulation for Sep. & Oct. 2012 (ATS cameras only)[14] All City of San Bernardino red light cameras were operated by ATS. L = Ticket for left turn R = Ticket for right turn T = Ticket for straight-through movement [ ] indicates a footnote. [1] Totals are as provided by the City. [2] YTD = Year-to-date total. [3] Un-used columns are to allow for later expansion of City's system. [4] Any figures in red type (or, if you are looking at this table in black and white, the upper figure when there are two or more figures in a cell) are what Nestor calls Violations Recorded and ATS calls Violation Events, and represent all incidents recorded by the cameras. The figures in black type are what both companies call Citations Issued, and may be the sum of genuine citations issued (those filed with the court) plus any Nominations mailed (not filed with the court, a.k.a. Snitch Tickets).. [6] Intersection-by-intersection data for these months has not yet been requested. [7] The info about the direction of enforcement (north, south, east, west, and right or left) was provided by the City. [8] The title bar has been repeated solely for the convenience of the reader - there is no difference between it and the one at the top of the table. [9] Due to time limitations,
intersection-by-intersection data for this
month or year has not
yet been posted in the table, but is available
at one of the links just below the table. [10] Data for the new cameras installed in late 2011 or early 2012 (and operated under ATS software) was received 9-27-12. The reports received did not break out the violations lane-by-lane. A lane-by-lane break out was requested on 10-4-12. (See the South San Francisco page for an example of a lane-by-lane break out.) On Dec. 19 the City responded: "The City of San Bernardino’s red light camera program has been terminated, and therefore we no longer have access to the same information that ATS used to provide to us. Therefore, the City does not have any additional documents/information to provide in response to your request." For more info about the closing of the program, see Set # 5, below. [11] The official Nestor tabulation for Jan. - Aug. 2012 included a tab labeled "Jun 2012" but the spreadsheet found under that tab was labeled "Report Covers Violation Dates 7/1/2012 through 7/31/2012." As a result, full data from that spreadsheet will not be posted to the table above until verification has been received from the City. [12] In the 2011 and 2012 portion of the table above, large changes in Violations Recorded and/or Citations Issued have been set in bold type. [13] SB Waterman/Highland and WB Highland/Waterman data is located in two places in the table above. [14] This data was obtained as part the City's Feb 25, 2013 response to a request for all post-May 1 correspondence between the City and ATS. It was attached to a Nov. 27, 2012 email from ATS to the City. Docs Set # 2 Electronic Document On Dec. 3, 2005 I received a CD with a court-generated spreadsheet showing the number of tickets filed with the court, and the number of cases closed, each month. Be sure to look at the Summary page. Superior Court report: Closed Citations (3.4 MB) Docs Set # 3 San Bernardino didn't print the Late Time on their
tickets, even though their Nestor system clearly had the capability to
do so. For info about the closing of the program and the status of outstanding tickets, see Set # 5, below. San Bernardino Docs Set
# 4 To see examples of other standard reports generated by
Nestor
(which could be obtained by making a request to the City),
San Bernardino Docs Set # 5
*When a
councilmember
abstains from voting, they are supposed to explain why, on the
record. For the Mar. 2011 council meeting, The Contract, Attempted Early Termination in 2011, How They Voted, and Termination for Non-Payment The City signed a contract with Nestor Traffic Systems, on May 4, 2005. 2005 Contract, Signed The system began operation on Aug. 1, 2005, with a month of warning tickets. In 2008 the city council voted 4 - 3 to amend the contract, to add more cameras and a collision avoidance feature. 2008 Amendment, Signed The 2005 contract included an illegal "cost neutrality" clause, whereby the City was not required to pay Nestor the full rent if there wasn't enough fine revenue to cover the cost. On Nov. 21, 2008 an Orange County appellate court found that Nestor's similar "cost neutral" contract with the City of Fullerton was illegal, so on Jan. 20, 2009 the San Bernardino City Council voted to remove the cost neutral clause from its contract. That amendment became effective on Feb. 4. Also read Defect # 10 - B, on the Home page. Jan. 2009 Staff Report, and Minutes Jan. 2009 Amendment, Signed In late 2009 ATS purchased Nestor out of receivership, so became the vendor to San Bernardino. On Jan. 24, 2011 the city council considered - but did not accept - the police chief's recommendation to add cameras, improve the equipment, and extend the term of the contract. Jan. 2011 Staff Report, with Proposed Resolution From the minutes of the meeting: "City Attorney Penman advised... based on what he has heard tonight, the city attorney's office has no choice but to withdraw its support of this program." "It was the consensus of the council that the City has lost business because of the red light cameras and they're not making the City any safer." The council did not accept the chief's recommendation. Instead, it voted, 5-2, to: "...wind down the current contract and direct the city manager to come back with a set of recommendations relative to exiting the Red Light Camera Program as soon as possible." The two "no" votes were by Councilmembers Johnson and McCammack. Jan. 2011 Minutes On Mar. 7, 2011 the city council voted to pay an early termination penalty staff told them would be approx. $100,000, and end the program in June 2011. Mar. 2011 Staff Report, and Minutes In April and May there was an exchange of letters between the City and ATS. Chief's Apr. 11 Letter to ATS ATS' May 4 Reply to Chief On Jul. 15, 2011 the Press-Enterprise published an article ("Sticker Shock on Red Light Camera Contract") indicating: "San Bernardino officials are trying to negotiate down a $1.8 million bill to get out of a red-light camera contract. "The figure shocked city council members who had voted [in March] to end the agreement after being told [by City staff] that the city would be liable for $114,075 at most." The article also indicated that the cameras still are in operation. On Aug. 1 the city council held a closed session (non-public) meeting about the camera contract, but took no (reportable) action. An Aug. 29 Press-Enterprise article discussed blame-shifting and finger-pointing letters by the police chief and city attorney. On Sept. 5 a PE columnist revealed more details about the infighting at City Hall, and that the police chief filed for retirement, asking that it be effective immediately. (He was kept on until the Sept. 14 appointment of new Chief Robert Handy.) On Sept. 19 a PE article said the city council had voted 5 - 2 to continue the program to 2014, with more cameras to be added. Sept. 2011 Staff Report How They Voted - or Not
neither the official minutes nor the video contains any discussion of why McCammack abstained. A Sept. 15, 2011 PE article said: "[Mayor] Morris said McCammack 'Habitually abstains on difficult decisions. Voters don't elect officials to abstain and complain.'" Nose to Nose with ATS about Loss of Camera Sites on CalTrans Land In early 2012 CalTrans told Victorville, Riverside and San Bernardino that they no longer could have red light cameras on CalTrans' right-of-way. That set off an exchange of letters between lawyers for ATS and San Bernardino. Bankruptcy In July 2012 the city council voted to enter Chapter 9 bankruptcy. Perhaps that bankrupt status will allow the City to escape from their red light camera contract without having to pay a big cancellation fee. Termination for Non-Payment In a Dec. 19, 2012 email to me the city attorney wrote that the program has been "terminated." That Dec. 19 email appears to be the first disclosure the City made to the public or the press, even though they had made the decision, and notified ATS about it, more than a month before. A Dec. 28 PE article said that, according to City Attorney James Penman, all outstanding citations are being dismissed, and ATS has "pulled" (removed) its equipment. Because ATS has filed a $1.67 million claim with the bankruptcy court, we suspect that the cameras could come alive again, as a way for the City to avoid having to pay all or part of ATS' claim. (Putting things in perspective, a small fraction of the amount claimed by ATS would be enough to do the initial earthquake study needed for the City Hall building. See Set # 7, below.) The article also noted that the termination date was Dec 7. The Tickets Have Not Been Dismissed! According to a conversation I had on Feb. 20 with Sgt. Vicki Cervantes, the tickets are only being dismissed if you take a day off work and go to court and appear in front of a judge. (Emails received here on Feb. 27 show that the City no longer has the laptop computers necessary to prosecute a case in court.) But if you do nothing, the ticket remains on your record. And if you mail in your fine, they take it. In my humble opinion, the City - knowing that the police no longer have the access to the evidence necessary to prosecute any case - should ask the court to wipe all outstanding tickets off the record. And return any fine money paid in after the termination date. San Bernardino Docs Set
# 6 San Bernardino Docs Set # 7
Don't Picket City Hall! The City Hall building might fall on you. From an engineering consultant's report: "The building was determined by our project structural engineers to be structurally deficient and its non-ductile characteristics [concrete columns] may lead to a probability of extensive structural damage and life-safety hazard during a major seismic event." Source: The Sun, Sept. 7, 2011, quoted in inlandpolitics.com blog The article noted that a further study (costing $50,000 to $100,000) was needed, but as of Dec. 20, 2012 the City Council had not yet funded it. San Bernardino Docs Set # 8
2008 Mt. Vernon/9th Refund If you had a 2008 ticket at Mt. Vernon and Ninth - even one that you already have paid - read this article and please note: On Jan. 7, 2009 city staff told me that they had asked the court to refund any fines already paid, and to dismiss those tickets not yet paid, for incidents photographed at Mt. Vernon/Ninth up to 1 p.m. on Nov. 17, 2008, the period during which the yellow was too short. City staff said that it would take around a month for refunds to be processed by the court. If you paid a fine on a pre-Nov. 18, 2008 Mt. Vernon/Ninth ticket, and have not received a refund check, contact the office of the city attorney, at San Bernardino City Hall. San Bernardino Docs Set # 9
More Coming There may be some more information posted in the next few weeks. Mark your calendar to remind you to come back here and look! ---------------------------------
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