Actually Bob the document is from 2001 that gives Air California Adventure exclusive rights to teach paragliding at Torrey. The letter was from the City of San Diego giving the go ahead to teach. Also a copy of the letter was sent through the soaring council,after all they are an advisory board making recommendations to the city! Bullying people Bob,? you mean doing my job don't you? As for Dave Beardsly you got that all wrong as usual. Here you go Bob since your a certified expert on Torrey,here's the letter i wrote Dave B the day after police told him his actions were e legal. I hope this clarifies this so called bullying incident for you. David: I sincerely regret that we had a disagreement on Sunday, June 21, 2009, at the torrey pines gliderport, with respect to your desire to fly as many as six tandems at the park. I am writing this letter to clarify the position of ACA, inc , and hopefully to help avoid such difficult issues in the future.
First, let me assure you that I personally am pleased to have you fly your hangglider at TPGP provided you are currently USHPA certified and have signed all required liability waivers-my actions today were in no way directed toward you personally. It has long been my stated intention to do my best to ensure a safe and fun soaring and aviation experience to as many people as possible at the gliderport:all types of pilots ( hang, para, RC, sailplane ), and non-pilots from the general public,alike. as long as the highest standard of safety is maintained, and all laws and regulations imposed by the City and other authorities are observed, I believe it is in the best interests of the entire community that as many people experience our wonderful sport.
But it is exactly this point of safety and compliance with the law that compelled me to act as I did. I assure you, I had no choice. You may be aware, but the San Diego City Ordinance makes it illegal to fly a hang glider on, or from, any city park or beach without a permit. But even more relevant, it is illegal to soliucit or operate any buisness or trade from a city park or beach property without written permission of the City. The Torrey Pines Gliderport is a City Park, and so these laws apply. ACA, inc is the only entity with written permission to fly and operate a business from this park. The City ordinance specifically states:
San Diego Municipal Code 63.0102. Use of Puplic Park and Beaches (b) It is unlawful for any person within any public park or plaza or public beach or beach areas within the City of San Diego to do any of the acts enumerated in ( this section)
(14) Solicitation. It is unlawful to practice, carry on. conduct, or solicit for any trade, occupation , business or profession without the written consent of the City Manager.
Moreover, the contract with the City grants ACA the exclusive right to operate a business at the at Torrey Pines City Park (i.e., the Gliderport) also places heavy duties on me- despite what's been said by some in our flying community, ( it is Not free, nor granted without some serious burdens!) For example, ACA, inc has thelegal duty to " deligently pursue" the terms and purposes in the City lease. and failure " shall be grounds for termination." ( Section 7.2 of our lease with the CITY.) Thus, I am under a legal duty not to violate the law by allowing an illegal buisness to operate in the park, unless it is under the auspices of the City lease granted to ACA,inc.
And lest you think that it would be a good thing to have the lease terminated so others can "move in" please be aware that it would still be illegal for ANYONE to operate a business in the park without express City approval( in addition, and separate to,the fact that the permit required to fly any type of soaring aircraft from a City Park or beach would be lost). I believe that all of us in the soaring community are together in desiring the City to complete its Park Planning Board activities, and normalize soaring flight at the Gliderport. But in the meantime, it is all too likely that all flight activities could be ENTIRELY PROHIBITED if we are not careful-this is what I'm looking for, and I ask your help and cooperation in this!
Incidentally, you many not know the history of why the City passed ordinances banning soaring aviation (and businesses) in City parks and beaches without written permission, and then granted an exclusive license to a single concessionaire at the Gliderport. In 1979 the City was concerned that multiple soaring clubs, each with its own voluntary flight director, was not adequate to ensure coordination and safety at the site even with the help of the new Soaring Council. It just wasn't working. For this reason a single point of contact - and responsibility - was established by the City: the Flight Director/Concession. And despite was has been said, Air California Adventure is obligated to pay for the privilege operating at the Gliderport-not the least of which is the obligation to maintain a certain staffing level, pay for insurance, legally indemnify the City, pay for toilets and grounds maintenance, and in some parts of operation even pay the City a percentage of gross revenue! Operating this business is as much a duty as a privilege, and exists on a razor-thin margin.
With the goal of not losing this great flying site for all of us, I hope to come to an amicable understanding with you. I am willing to allow occasional hang glider or paraglider tandem flights at the gliderport by individuals who are not contractors of ACA, Inc - if conducted for no profit, and provided all waivers and insurance requirements are signed and fulfilled, and if a reasonable use-fee is paid to ACA, Inc. I invite you to come speak with me, to see if we can clarify what exactly this would mean. I believe such would not be an illegal business at the Park, and also would not undercut my ability to continue to keep this site open for all of us. But as you now realize, I am obligated to prevent independent business activities from operating at the Gliderport. Further, I have a lease that provides ACA, Inc the exclusive right to conduct flight operations at the park, in exchange for the large sums of money I must pay (not to mention the effort). I hope you understand, and we can reach a friendly resolution in this matter and avoid a repeat of Sunday's dispute.
Well Bob we know you live for an audience through your misrepresentations of the facts so have at it . Time will prove me or you right or wrong as will a few more weeks!?
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