Orange County Grand Jury • 2017-2018 • Agency Response
Response to: Competition or Collaboration – Orange County’s Public Agency Helicopters 06/22/18

Office of the City Manager September 12, 2018 The Honorable Charles Margines Presiding Judge, Orange County Superior*

Published: September 12, 2018 13 pages
Ver PDF original

Note: Missing finding numbers detected: F2, F4, F6

Findings and Recommendations 4 findings

F1
Operating fifteen public agency helicopters in a busy and compressed airspace necessitates close cooperation and communication. Response: The City of Anaheim agrees with this finding. The City also adds that although there are 15 public agency aircraft operated in the county, they are not all operating at the same time. Usually only one, sometimes two aircraft per agency are in operation at any given time. See Finding No. F3 regarding communication.
Related Recommendations (1)
R1
By October 1, 2018, the Board of Supervisors, in coordination with the affected agencies, should consider forming and implementing an Orange County air operations safety council under the direction of the Board of Supervisors. Response: The City of Anaheim agrees with the concept of this recommendation, and while the recommendation has not yet been implemented, Anaheim will collaborate with the county and other affected agencies with the goal of establishing the safety council within the next six months. It is important to note that an iteration of this currently exists. For the past several years, the officers in charge of the public safety air support units operating in Orange County have been meeting quarterly for several years. Attending those meeting are the Air Support supervisors from the Anaheim Police Department, Huntington Beach Police Department, California Highway Patrol, Orange County Sheriff's Department and on occasion the Orange County Fire Authority. During those meetings, there is discussion on equipment, schedules, safety items and any other operational issues that need to be discussed. Contrary to the Grand Jury report, the minutes of the meeting are kept and distributed to the attendees. An example of the nature of the topics discussed at these quarterly meetings is the selection and standardization of new equipment to promote safe and effective operation. Toward this end, the Anaheim Police Air Support Unit spearheaded a grant purchase of new Night Vision Goggles for the entire county so each agency will have the same capabilities, mission expectations and consistent training requirements. The group is also working in the direction of common capabilities concerning an Infrared/Color Camera purchase and standardized radio programming. Even though the content of these quarterly meetings revolves mostly around law enforcement aviation, the supervisor of the Orange County Fire Authority Air Support has attended several of the quarterly meetings. Beyond these meetings, discussion between OCFA supervision and the Anaheim Police Air Support Supervisor are often done in person or by phone or e-mail. These discussions usually relate to equipment and firefighting, and both agencies enjoy a professional and mutually beneficial relationship. Honorable Judge Charles Margines September 12, 2018 Examples of this partnership include joint coordination on fire training, fire mapping, and helicopter command during fires and mutual equipment purchases. In the future, the quarterly meeting of this group should include the OCFA Supervisor to ensure all Public Safety Aviation Units are on the same page with regard to safe operation. Since this recurring meeting is already in place, simply ensuring the inclusion of OCFA would achieve the goals outlined by the Grand Jury without the creation of a separate safety council.
F3
Some air crew members and management personnel of the Orange County Fire Authority and Orange County law enforcement air support units have expressed serious concerns regarding each other's flight safety and aerial rescue operations. Response: The City of Anaheim agrees with this finding. As stated in the Report, the Grand Jury's investigation came on the heels of a series of significant in-flight conflicts between OCSD and OCFA and as a fellow public safety aviation operator, Anaheim shares the concerns identified by the Grand Jury in their report. Historically, the Orange County law enforcement aviation community has enjoyed a healthy and mutually beneficial working relationship both on the 200 S. ANAHEIM BLVD. ground and in the air. Agreements on communication and mission coordination SUITE 733 between the air units date back to the 1990s, with much of this coordination ANAHEIM, CA 92805 stemming from a mid-air collision between the Costa Mesa and Newport Beach TEL (714) 765-5162 FAX (714) 765-5164 www.anaheim.net Honorable Judge Charles Margines September 12, 2018 Police Air Units in 1987. Agreements were also established for all Orange County air units to abide by. Similar agreements were established for all law enforcement aviation units to abide by in the entire Los Angeles region (See attachment). During meetings between the Orange County Law Enforcement Air Units as far back as 2011, there were discussions concerning the need for improved air-to-air communication (See response to R1 below regarding O.C. Public Safety Air Support quarterly meetings). The lack of communication was identified as occurring during incidents, training and transitional flight. An attempt was made to have all Orange County Air Support Units, including OCFA, coordinate on the same aviation frequencies to enhance mission safety. OCFA preferred coordination on 800 MHz public safety frequencies, which did not guarantee the pilots of the involved aircraft were the individuals actually communicating. In the OCFA, the non-pilot crew chief talks on the 800 MHz frequency. For law enforcement agencies, the non-pilot Tactical Flight Officer (TFO) talks on those frequencies. In all other public safety and civil aviation, coordination is always between the pilots commanding the aircraft on VHF aviation frequencies established in the area by the FAA. Due to the radio issue, OCFA would not agree to the original proposal in 2011. In July 2015, an unsuccessful attempt was made to have OCFA agree to the verbiage included as the Appendix (p.31 of the attached Grand Jury Report) entitled "Orange County Public Safety Aviation Unit Multi-Aircraft Coordination Guidelines." Although not a signatory to the guidelines, more recently the aviation personnel within OCFA have demonstrated a commitment to improved communication and coordination between their agency and Anaheim Police Pilots, along with professional service delivery.
No recommendations for this finding
F5
Orange County public agencies have substantially more helicopters per square mile than any county in southern California, which provides opportunity for further cost-benefit analysis. Response: The City of Anaheim agrees with this finding, in part. The Grand Jury Report mentions Orange County Public Safety aviation units have a larger than average number of aircraft compared to larger counties in the region. The report's reliance on geographical size as the sole variable negates the role of population density. Orange County is the 3rd most populous county in the state and 6th most populous in the country, with 3.2 million residents within 790 square miles. San Diego County has roughly the same population as Orange County over 4,207 square miles. San Bernardino has 1 million fewer residents but covers 20,057 square miles. With a strong correlation between the number of law enforcement aircraft operated and call volume/demand, population is also a relevant factor to consider. With 25 million annual visitors visiting its venues, the average daily population in Anaheim is far beyond its 360,000 residents. Even without these visitors, when population by county is compared, Orange County has the least amount of patrol helicopters per 1,000,000 people when compared to San Diego, San Bernardino, Riverside and Los Angeles Counties (See attached). Anaheim agrees wholly, however, with the Grand Jury's assertion that an assessment of the number of aircraft operated relative to the small geographic size of Orange County is worthwhile to identify cost savings opportunities. This is an ideal topic to discuss among the affected agencies and the county as a whole relative to Recommendation #6 herein.
No recommendations for this finding
F7
Orange County's public aviation units lack inter-agency coordination, inhibiting efficient and cost-effective resource utilization. Honorable Judge Charles Margines September 12, 2018 Response: The City of Anaheim agrees with this finding, in part. The current model in the county with the cities of Anaheim and Huntington Beach with standalone air operations along with the county (OCSD and OCFA) does provide for interagency coordination through the use of "Air Call," a countywide radio frequency available to all agencies within the county to request air resources. Further, the above listed air units regularly communicate with one another as necessary to ensure adequate coverage should one particular unit's aircraft not be available due to training, maintenance or a protracted incident. While this system has served the needs of the county for decades, cost savings would likely be realized through the consolidation of air resources in a regional approach. As pointed out by the Grand Jury, economies of scale could be achieved to a greater degree through the consolidation of administrative, maintenance and training programs. It is important to note, however, that the agencies listed above (Anaheim, Orange County and Huntington Beach) bear all of the burden of providing air support services countywide. For equity to be achieved on a truly regional approach, an agreement among all cities in the county in terms of cost sharing would be beneficial and lead to greater long-term viability. RECOMMENDATIONS
Related Recommendations (1)
R7
By January 15, 2019, Orange County Sheriff's Department, Orange County Fire Authority and the cities of Huntington Beach and Anaheim air support units should consider the benefits of a leadership plan that brings a manager with pilot experience into positions above the unit level. Response: The City of Anaheim agrees with this recommendation, and notes that the Anaheim Police Department's current Deputy Chief Julian Harvey is a former Pilot and former Unit Commander of Air Support. Considering the esoteric nature of public safety aviation, having individuals in leadership positions above the unit level with flight experience provides significant benefits to the decision-making process in terms of aircraft and equipment acquisition, long-term planning, training needs, mission limitations and overall safety of operation. The Anaheim Police Department will continue to develop individuals to fill critical leadership positions who possess the requisite skills and competence level to promote and deliver the highest level of service to the community. Honorable Judge Charles Margines September 12, 2018 I would like to express my appreciation for the efforts of the Orange County Grand Jury. The City is committed to providing a safe and peaceful environment for all who live, work and play in Anaheim. Should you have any questions or need additional information, please contact Anaheim Police Deputy Chief Julian Harvey, at (714) 765-1601 or [email protected]. Sincerely, Or Zepata Chris Zapata City Manager STANDARD OPERATING GUIDELINES MULTIPLE AGENCY/AIRCRAFT PURSUIT PROCEDURES PURPOSE I. These guidelines are intended to standardize procedures and enhance flight safety between multiple agencies when their aircraft are involved in pursuits which cross jurisdictional boundaries. II. DEFINITIONS The following terms are used to define pursuit procedures on a commonality of air operations among Southern California air units for the purpose of this document only. It is not intended to legally define pursuit responsibilities as outlined in California Vehicle Code Sections 165 and 17004. A. Primary Agency Aircraft - The law enforcement aircraft whose agency has responsibility for and is actively involved in the pursuit. B. Primary Aircraft - The law enforcement aircraft actively involved in the pursuit of the fleeing suspect regardless of jurisdictional responsibility. C. Secondary Aircraft - A law enforcement aircraft assisting the Primary Agency Aircraft or the Primary Aircraft. D. Hand-Off - Exchange of responsibility for aerial surveillance of a pursuit or incident. E. Breaking Off - The act of disengaging from a pursuit or incident in order to affect a Hand-Off to another aircraft. F. Trailing - The act of a Secondary Aircraft following a Primary Aircraft. III. COMMAND, CONTROL AND COORDINATION A. In most instances, the first law enforcement aircraft to join a pursuit will be the Primary Agency Aircraft who will assume command, control and coordination responsibility for all air operations involving the pursuit. B. However, in many instances the first law enforcement aircraft to join the pursuit may not be the Primary Agency Aircraft, but may assume the Primary Aircraft responsibilities of command, control and coordination for all air operations involving the pursuit. 1. Aircraft responding to another agency's pursuit should announce their intentions on the appropriate aviation air-to-air VHF frequency (123.025 MHz or 122.850 MHz) C. A Primary Aircraft providing assistance to an agency not having an air unit assigned or immediately available, will normally maintain command and control responsibility for air operations for the duration of the pursuit unless otherwise relieved of their responsibility. D. A Secondary Aircraft may respond to the pursuit either to assist the Primary Aircraft or assume the responsibility of command and control as the Primary Agency Aircraft. IV. INITIATING A PURSUIT HAND-OFF A. A pursuit Hand-Off may be requested by the Primary Aircraft or Secondary Aircraft for a variety of reasons, e.g. low fuel status, change or assumption of command and control responsibilities, unfamiliarity with the area, etc. B. Prior to initiating a trailing position in the pursuit, the Secondary Aircraft pilot should communicate with the Primary Aircraft pilot on the appropriate air-to-air VHF frequency (123.025 MHz of 122.850 MHz). This may occur in response to a request for relief or assistance, an offer of assistance, or a request to assume command based on jurisdictional responsibilities. C. The Primary Aircraft pilot should acknowledge the Secondary Aircraft pilot and state his/her intentions or response to the offer for assistance. 1. If no assistance is requested or desired, or if communications can't be established, the Secondary Aircraft should remain clear of the pursuit. 2. However, if the Secondary Aircraft is assigned to the agency having jurisdictional responsibility for the pursuit and requests to assume command and control of the pursuit, the Primary Aircraft should relinquish command and control responsibility through a coordinated Hand-Off. D. The Secondary Aircraft, whether providing assistance to the Primary Aircraft or positioning for a Hand-Off, should maintain separation from the Primary Aircraft at a minimum of 500 feet above and 500 feet laterally (or altitudes mutually agreed upon by the pilots), advising the Primary Aircraft pilot of his/her clockwise position relative to the Primary Aircraft. COORDINATING AND CONDUCTING THE HAND-OFF V. A. Once communications have been established between the pilots of the respective aircraft, a coordinated Hand-Off should be initiated by the Primary Aircraft pilot. 1. The Primary Aircraft pilot should determine when and where the Hand-Off will occur and coordinate with the Secondary Aircraft. 2. The Primary Aircraft should Break-Off from the pursuit by turning 90 degrees away from the pursuit in a direction away from the Secondary Aircraft. B. The Secondary Aircraft should not descend into position until the Primary Aircraft has turned and departed the pursuit. C. If the purpose of the Hand-Off is to assume jurisdictional responsibility only, the previous Primary Aircraft may provide assistance as the Secondary Aircraft if previously coordinated between pilots. 1. In this case, the previous Primary Aircraft should continue to turn to a heading in the direction of the pursuit and climb to and maintain a minimum altitude 500 feet above and 500 feet laterally separated from the new Primary Aircraft, unless otherwise agreed upon by the pilots. 2. It's recommended that once in position, the Secondary Aircraft should avoid use of their spotlight to illuminate the pursuit. 3. The Secondary Aircraft is responsible for maintaining separation between the Primary Aircraft and separation from any media aircraft that may be following the pursuit. 4. The maneuver should be considered in advance, with full concurrence by both pilots, and with coordination among other aircraft in the vicinity of the pursuit. D. Regardless of the reason for the Hand-Off, once initiated, the pilots of both aircraft shall maintain communication, visual reference and separation from each other throughout the maneuver. E. Pilots are generally responsible for their own ATC clearances. However, if requested, the Secondary Aircraft may handle ATC clearances for both aircraft to ease the burden on the Primary Aircraft pilot. TRAINING VI. A. Each agency agreeing to these guidelines should ensure that all crewmembers (pilots and TFO's) assigned to their units are trained on the procedures outlined herein. It is recommended that training consist of the following: 1. Initial training/briefing of the procedures to all current crewmembers and instructors. 2. Initial training of all new pilots and TFO's prior to being released from training. 3. Recurrent training of all crewmembers on at least an annual basis. B. Record of training should be included in the crewmember's training file. VII. MUTUAL AGREEMENT A. All parties to these guidelines should meet annually to review and/or update the procedures outlined herein. B. The guidelines shall be agreed upon by the Commanding Officer of each participating Air Unit and shall become effective on the date of the last participating signature. C. The guidelines are non-regulatory and serve only as a common practice and procedure for the purpose of standardization and flight safety. STANDARD OPERATING GUIDELINES MULTIPLE AGENCY/AIRCRAFT PURSUIT PROCEDURES PARTICIPATING AGENCIES OIC CONCURRENCE Date 4/29/15 ANAHEIM SET. BRYAN SANT Date 29 APR 15 BURBANK/GLENDALE 2M PHILLIPS Date 4.29.15 CALIFORNIA HIGHWAY PATROL SCHAODER CADT. Date 05/06/15 LAKEWOOD MALIKEDTER PLUT Date 4-29-15 EL MONTE BARARATAS lose Date 5/8/ HAWTHORNE SOS COMMANDER Date 5-13-1 HUNTINGTON BEACH 567. NET. Date 4-29-15 LONG BEACH HODGE Anostos Ramiesz cusi. Date 4295 L.A. COUNTY SHERIFF'S DEPT . . Phillip a. SmiR Date 4/29/15 Phillip A. SmiTH Date 4.29.15 Daniel Missel Sor. L.A. POLICE DEPT ORANGE CO. SHERIFF'S DEPT mike INGRAM Date 4-29-15 PASADENA ____Date_ 4-29-15 POMONA DANIEL PINKOSKY PREVE VALUE Date 4-29-15 ONTARIO Date Date Date Date Date Date Date Southern California Regional Helicopter and Population Statistics Density/ Square Square Patrol Fire/S Per 1000 Per Patrol 1000 Patrol Per Population #of cities miles mile County Helicopters AR Mile 1,000,000 mile 1,000,000 Orange 3,200,000 34 948 3,200 9 6 15.8 4.6 9.4 2.8 San Diego 3,300,000 18 4526 680 10 3 2.9 3.9 2.2 3 San Bernardino 2,100,000 24 20,000 100 12 3 0.75 7.1 0.6 5.7 Los Angeles 10,100,000 88 4751 2,100 13.9 48 18 6.5 10.1 4.7 Riverside 2,400,000 28 7300 300 10 1.3 0 4.1 1.3 4.1 Helicopter Totals Patrol Fire/SAR Orange County Anaheim 3 НВ 3 OCSD 3 2 OCFA 4 Los Angeles County LAPD 17 LASD 14 3 LBPD 3 Hawthorne 1 El Monte 3 Glendale/Burban 3 2 Pomona Pasadena 5 LAFD 6 LACoFD 9 Riverside County Riverside PD 4 RSD 5 San Diego County SDPD 4 SDSD

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.