City of Dana Point Office of the City Manager August 24, 2016 The Honorable Charles Margines Presiding Judge of the*

Recreational drones have greatly increased in number since December 2015 and it is probable their unregulated use will pose significant threats to public safety and privacy in Orange County cities and unincorporated areas. Response to Finding #1: The City partially agrees with the finding. Our own findings indicate that we have an increase in drone use, especially off our coastal areas. Most drone use in Dana point has been focused on landscapes, natural resources and real estate photography. We cannot verify that significant threats to privacy or safety have occurred based on the limited information available to date.

With the exception of the recent Federal Aviation Administration registration rule, recreational drone owners are largely self-policed, which leads to a wide range of behavior. Response to Finding #2: Based on the information presented in the report the City agrees with the finding.

Most of the cities and unincorporated areas of the County of Orange do not have a drone ordinance, nor do they have any immediate plans to enact an ordinance in the near future. Response to Finding #3: The City partially agrees with the finding. As stated within the report the City of Dana Point has drone restricted flying areas over environmentally sensitive habitat areas. 33282 Golden Lantern, Dana Point, CA 92629 • (949) 248-3500 • FAX (949) 248-9920 Internet: www.danapoint.org

Most of the cities provide no educational programs for public awareness of the safety issues connected to recreational drones. Response to Finding #4: Based on the data presented in the report the City agrees with the finding.

Some Orange County cities, despite recognizing potential issues with drones, are awaiting drone- related legislative action or other guidance by the State of California or FAA before enacting local ordinances. Response to Finding #5: The City partially agrees with the finding. The report does not make it clear that cities that feel drones could create potential issues are also waiting for Federal or State regulations. While some cities may be waiting for federal or state regulations, the City feels that any regulation(s) should consider using a regional approach that has the support of the Orange County Fire Authority and Orange County Sherriff's Department.

The FAA-required registration of recreational drones provides a useful tool for local enforcement of drone ordinances. Response to Finding #6: The City disagrees with the finding. The report does not make it clear how FAA required registration provides a useful tool for local enforcement of drone ordinances. The enforcement mechanism of identifying drone owners and imposing penalties is not clear and would require additional resources of local authorities.

Orange County cities have not established a procedure for reporting drone incidents, which results in under-reporting of drone safety and privacy events. Response to Finding #7: Based on the information provided in the report the City disagrees with the finding. According to the research provided most cities do not have a mechanism for reporting drone incidents. Without a reporting or enforcement mechanism the City cannot independently verify whether under-reporting is occurring. RECOMMENDATIONS