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Home My WebLink About1985-07-30; City Council; 8269; Low Flying Aircraft Along Coastliner-1 ·r-1 § 8 LO (X) I 0 ('I") rL z 0 fi c( ..I 0 z :, 8 AB# 8' 2 C. Cf MTG. 7/30/85 DEPT. CM ilTLE: DEPT. HD. __ _ RESOLUTION ENDORSING NEED FOR NEW -~ft::-£1.. LEGISLATION TO AID IN THE FIGHT AGAINST CITY Al I f¥,L.!;,,L- LOW FLYING AIRCRAFT ALONG COASTLINE CITY MGR,,,_.., RECOMMENDED ACTION: Review and consider the attached resolution which seeks modifications to the Federal Aviation regulations requiring both fixed-wing airplane and helicopters fly at altitudes in excess of 1,000 feet over communities and within 1/2 mile of shoreline. ITEM EXPLANATION: Council Member Kulchin has requested that this item be placed on the agenda for review and consideration by the Council. The Cardiff by the Sea Town Council is requesting that the City of Carlsbad adopt a resolution endorsing this legislation. EXHIBITS: 1. Letter from Cardiff by the Sea Town Council and draft resolution, dated 6/21/85. --EXHIBIT #1 Cardiff by the Sea Town Coun~il P.O. BOX 1!4 CARDlFF-BY-TI-lE·SEA. CAUFORNIA 92007 June 21, 1985 Councilman Walt Gilbert City of Oceanside 704 Third Street Ocea~side, CA 92054 Dear \ial t: The Cardiff-by-the-Sea Town Council requests that you consider presenting a resolution to your city council endorsina the need for new legislation that would aid in the fight against low flying aircraft along the coastline. It is further reauested that you transmit that resolution to the following repres;ntatives as soon as possible: Senator Pete Wilson Congressman Bill Lowery Congressman Ron Packard Senator Bill Craven Assemblywoman Sunny Mojonnier Assemblyman Bob Frazee Supervisor Susan Golding Supervisor Paul Eckert We hope that you will recom.~end that your life ouards be instructed to report to the FAA irnmediatelv allJ aircraft violations. These employees, with binoculars,· are our best defense against a major accident, injury or possible eeath of our citizens and guests. Las~ year., through a series of letters and media support the Cardiff-by-the-Sea Town Council, in our estinate, was able to reduce the fly-overs by appro~irnatey 50%. With the summer season came a new outbreak of showoffs and girl watchers. Because of our noise and the media coverage given this ite~ in the lRst two weeks a noticeable drop in violations has again occurred. Our goal is to make it known to our federal representatives that the coastal comrr:unities stand together on this issue and that we want the necessary )egislation passed into law to eliminate the problem o~ce and for all. Please do what you·can to make this a unanimous stane from San Diego to Oceanside. If I c~n be of any help, please feel free to call me at 753-7477. Sincerely, Bob Bonde, President --, SUGGESTED RESOLUTION The _______________ condemns th~ irresponsible and dangerous actions of those individuals that buzz, at low altitudes, the coastal communities, bluffs, beaches, and surf in both fixed-wing airplanes and helicopters. To attempt to end this disturbing practice the _____________ hereby resolves to seek, through the legislative process, modifications to the Federal Aviation Regulations. Modifications that would require that both fixed-wing airplanes and helicopters fly at altitudes in excess of 1,000 feet over our communities and within 1/2 mile of our shoreline except when landing, taking off, law enforcement or emergency. To provide meaningful enforcement of seeks remarking grace period and the return of the identification numbers for all aircraft. this requirement an end of the large underbody Because the the Federal Aviation Administration is unable to provide staff field enforcement of their regulations the hereby directs the lifeguard to record all aircraft airspace violations and to inunediately FAA. call in the necessary information to the San Diego Cardiff by the Sea Town Council ? 0. BOX II~ CAROfF;::-av-TI-iE·SE"-OUFCRNIA 9200i Congressman Bill Lowery 880 Front Street June 21, 1985 San Diego, CA 92188 Dear Honorable Congressman Lowery: Coastal communities from Oceanside to San Diego are concerned about the num:••r of low flying aircraft over the bluffs, beaches and surf and request your assistance in carrying corrective legislation. Legislation that would require that all aircraft be clearly marked and that both fixed-wing and helicopers be required to maintain a minimum of 1,000 feet in height within 1/2 mile of the shoreline, except during actual take off or landing or emergency situations. We need help in order to help ourselves. During our season, there are times when aircraft buzz our frequently as one every 10 minutes. Some of these as low as 30 fe.t off the beach. Helicopters, both civilian are the bi.ggest offenders. peak tourist beaches as aircraft are military and The Federal Aviation Administration does not have the personnel to enforce the existing regulations. They have asked us to report the following information: 1. Kind of aircraft (fixed wing or helicopter) 2. Number of engines 3. Number of wings 4. Locaton of wings (high or low) 5. Colors of the aircraft 6. Aircraft identification number 7. Estimate height of the aircraft based upon some known reference point Because of the magnitude of the problem, the State Parks and Recreation Department life guards from Carlsbad to Del Mar have received orders to report the above information directly to the FAA. Hopefully the city and county life guards will soon be instructed to follow suit. Problems develop because of deficiencies in the existing regulations. There are no height regulations for helicopters and the numbers on the aircr~ft are so small they can not be read. The following Regulations: are direct quotes from FAR 91.79 Minimum safe altitudes; aeneral. and landing, no person may operate an following altitudes: Federal Aviation Except for takeoff aircraft below the (a) Anrwhere, An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. t( {b) Over congested areas. Over any congested area of a town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the high~st obstacle within a horizontal radi~s of 2,000 feet of the aircraft. {c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In that case, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters may be operated at less than the minimums prescribed in paragraph (b{ or {c) of this section if the operation is conducted without hazard to persons or property on the surface ...... . Our request is regulations as media, police missions. to make helicopters comply with the same fixed-wing aircraft. Exceptions might be news surveilance and Coast Guard while on specific In order to bring a.ction against the offenders it is necessary to obtain the aircraft identification number. Again quoting directly from the Federal Aviation Regulations: FAR 45.29 Size of Marks. {a) Except as provided in paragraph (f) of this section, each operator of an aircraft shall display marks on the aircraft meeting the size require~qnts of this section. {b) Height. The character marks must be of equal height and on - (1) Fixed-wing aircraft, must be at least 12 inches high, except that: (i) An aircraft displaying marks at least 2 inches high before November 1, 1981, and an aircraft manufactured after January 1, 1983, m~y display those marks until the aircraft is repainted or the marks are repainted, restored, or changed; (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before April 18, 1983, marks required by FAR 45.29 (b) (3) in effect on April 17, 1983, and rotorcraft manufactured on or before April 18, 1983, but before December 31, 1983, may display those marks until the aircraft is repainted or the marks are repainted, restored, or changed. (f) If either one of the surfaces authorized for displayi:J the required marks under FAA 45.25 is large enough for display of marks meeting the size requirerne1Jts of this 2 section and the other is not, full size marks shall be placed on the larger surEace. If neither is large enough for full size marks, marks as large as practicable shall be displayed on the larger of the two surfaces. . ..... It is obvious that it is impossible to record a long number of 2 inch high letters or even 12 inch letters off of an aircraft screaming by at under 100 feet at over 100 miles per hour. At one time the letter height under the wings of aircraft was 30 inches. Presently no under wing markings are required. We would like to see the return to something close to that 30 inch size and definitly on the bottom of the aircraft. Our beaches are to a large extent our economic base. We can not allow a few reckless individuals to adversley effect the quality of life in the area and the attractiveness of oui.-beaches to the tourists and residents. It is just a matter of time until there is a major aircraft accident due to girl watching and showing off. We must out a ston to this safety hazard now. . . The San Diego FAA is sympathetic to our problem and sees a need for chanqe. Mr Oicar Feaster, Principle Operations ~pecialist, at FAA FSDO 19 8665 Gibbs Drive Suite 110 San Dieqo, 92123 (619) 293-5281 has volunteered to review any draft legislation and· to assist in the process. Mr. Tompkins of the FM has been repo~~ed as saying that in his 28 years of being in the business ~e has never seen the FAA regulations changed in response to local efforts. Let"s work together to break that long record of unresponsiveness. Your consideration of our request is greatly appreciated. Sincerely, Bob Bonde, President cc. Senator Pe~e Wilson Congressman Ron Packard Senator Bill Craven Assemblywoman Sunny Mojonnier Assemblyman Robert Frazee San Diego County Supervisor Susan Golding San Diego County Supervisor Paul Eckert San Dieqo City Councilman Mike Gotch Del Mar City Councilman Louis Hopkins Carlsbad City Councilwoman Ann Kulchin Oceanside City Councilman Walt Gilbert Solana Beach Town Council President Jack Peek Encinitas/ Leucadia Town Council PresidPnt Rick Shea FAA Oscar Feaster FAA John Tompkins 3 l 2 3 4 5 6. 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8133 ----- A RESC <-· TION OF THE CITY COUNCIL OF THE CITY OF CARLSB J, CALIFORNIA ENDORSING THE NEED FOR NEW LEGISLATION TO AID ~N THE FIGHT AGAINST LOW FLYING AIRCP~?T ALONG THE COASTLINE. The City Council of the City of Carlsbad, California does resolve as follows: The City of Carlsbad condemns the irresponsible and dangerous actions of those individuals that buzz, at low altitudes, the coastal communities, bluffs, beaches, and surf in both fixed-wing airplanes and helicopters. To attempt to end this disturbing practice the City of Carlsbad hereby resolves to seek, through the legislative process, modifications to the 1 Federal Aviation Regulations to require that both fixed-wing airplanes and helicopters fly at altitudes in excess of 1,000 feet over Carlsbad and within one half mile of our shoreline except when landing, taking off, or involved with law enforcement or emergency activities. To provide meaningful enforcement of this requirement the City of Carlsbad seeks an end of the remarking grace period and the return of the larg~ unuerbody identification numbers for all aircraft. Because the Federal Aviation Administration is unable to provide che field enforcement of their regulations the City of Carlsbad hereby asks area lifeguards to record all aircraft airspace violations and to immediately call in the necessary information to the San Diego FAA. ••• ••• ••• ,., l l 2 3 4 6 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 30th day of Jul Y , 1985 by the following vote to wit: ATTEST: AYES: Courcil Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None <-fl. d <£~ MARY~SLER, Mayor 2. PETE WILSON CALIFORNIA Ms. Karen R. Kundtz Deputy City Clerk City of Carlsbad 1200 Elm Avenue WASHINGTON, O.C. 20510 October 4, 1985 Carlsbad, California 92008-1989 Dear Ms. Kundtz: Thank you for your letter regarding low-flying aircraft along the coastline. COMMITTEES: ARMED SERVICES AGRICULTURE AGING I appreciate your concern on this matter and I have referred your letter to the Federal Aviation Administration, because that office has jurisdiction over this issue. As soon as I receive a reply, I will be in touch with you again. Again, thank you for contacting me. Sincerely, ~~ PETE WILSON .£c>~ ,' ~f? &.,,,;. .;'(_c SACRAMENTO ADDRESS STATE CAPITO!.. , SAC.~AMENTO 9!5& 14 ti· (9 1 6) 44!5-2390 DISTRICT OFFICE 3088 PIO PICO DRIVE, SUITE200 CARLSBAD.CA92008 (619)434-1749 J\ssemhl~ (llalifnrttitt 1Jegislat11r~ ROBERT C. FRAZEE ASSEMBLYMAN, SEVENTY-FOURTH DISTRICT Ms Karen R. Kundtz Deputy City Clerk City of. Carlsbad 1200 Elm Avenue August 12, 1985 Carlsbad, California 92008-1989 Dear Ms Kundtz: COMMITTEES REVENUE & TAXATION GOVERNMENTAL ORGANIZATION LOCAL G<lVERNMENT ECONOMIC DEVELOPMENT AND NEW TECHNOLOGIES JOINT LEGISLATIVE AUDIT I appreciate your forwarding to me a copy of the Coun- cil's recent Resolution No. 8133 which endorses the need for legislation to curb low-flying aircraft along our coastline. This type of legislation would have to be preceded by Federal Aviation Administration action and consequently the matter must be handled through your federal repre- sentative, congressman Ron Packard. I have already been active in this problem and I am enclosing a copy of my letter to Congressman Packard for your information. s~rely, lr'ef:.!t~~ Assemblyman, 74th ~istrict Enclosure t • ·•·1 . ',:,. •~'''-'-' .. ••TC E'!'>f.l.: •!<I( .. -'.C!, c.'3(,:;, C-'!,'t1.t1C'T or,,cl ~.JEIE.l PID PICO DF<IVC SUITC-:mo CARLSBAD CA 92008 1619143.C,1?49 ... J\ssemhIJJ • filniifor11fa '[ffc_gisfature ROSERT C. FRAZEE t.SSE:Ml3LYMAN SEVENTY-FOURTH D?STRICT July 3, 1985 The Hon. Ron Packard Congressman, 43rd District 2121 Palomar Airport Road, Suite 105 Carlsbad, California 92008 Dear Ron, {..~•.,.u-tl< J:.(( \ f '•~ 'i b, , .,_ l I...,. t°'•11 Go,t '-••ivt,."'~l c,u: ..... ,., 1 Loe.•~ C.c,,•r "''•"C ,n £co,wc-,M1C c,, vr ... ,) .... a.Al, ... Ar.:-i Nrv. 1 l C "''-'P• t,t-1( , Jo1,.;, Lr('.1~L ""•"'c Atro,, There is a growing concern over the number of aircraft that frequently make low flying passes over our North County beaches. Since this con~inued practice could result in serious injury to both those in the air and those on the beach, I would appreciate it if you would look into seeing what can be done to control it. My office is available to assist you in this regard. Enclosure cc: Bob Bonde Best regards, Robert c. Frazee Assemblyman, 74th District RSL: jc i i .,