Item 7.1 - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes DRAFT September 23, 2004 Page 5 neighbors, lowering the retractable tower when not in use, and the expense of maintenance. He further discussed State and Federal laws regarding PRB-1 and FCC requirements. You will hear the neighbors make reference to a case Bosscher versus the Township of Algoma indicating an example why PRB-1 is not effective. He felt this will be a poor case to use as an example. There are other Federal cases that have been heard since the Algoma case, one of best examples was by a Judge in a southern district in Texas. The judge wrote a lengthy decision, citing many cases when rendering his decision. What comes through in court decision after court decision is that it must accommodate reasonable amateur communications and to represent the minimum practical regulation to accomplish the local authority legitimate purpose. He concluded by referring to RM 8763, November of 1999, stating that the FCC reaffirms that the very least regulation necessary for the welfare of the community must be the aim of these regulations so that such regulations will not impinge on the needs of the operator to engage in amateur communications. Chairman Kerns questioned the hours of operation asking if the applicant would be receptive to some limitations. Mr. Abraham indicated he would not want to be restricted. He indicated he would, on average, be using the antenna at its raised height a few hours per day plus a few hours in the evening. Like most hobbies, you run hot and cold depending of the time of year, etc. Rick Ellinger, 28520 Matadero Creek Lane, is the emergency coordinator for Los Altos Hills. Along with other volunteers, provide emergency communication. Mr. Abraham is actually assigned as an assistant emergency coordinator. The Town has many volunteers. Mr. Abraham's antenna is a non-commercial interest. Since the Town Hall is in a low area, in an emergency situation or drill, he actually dispatches volunteers to Mr. Abraham's house where they try to communicate with the County. Long distance communication is impeded by the hills. He felt it was difficult to mitigate a tower and make it disappear. He also felt the earthquake risk was more significant in Los Altos Hills and they expect an isolation situation here so that is why the need for HF that is this style of antenna rather than VHF and UHF communication. In terms of staffing, there are 58 licensed hams in Town although it is clear they do not have enough cover the neighborhood much less carry on long distance communication. He further discussed other Los Altos Hills property owners who have antennas. His personal tower is 55 feet when up and 26 feet when down. As a mitigation measure he was willing to remove his tower in support of the proposed Abraham tower installation as Abraham is in a more strategic location then he is. He realizes that it is a very personal issue for neighbors living by the tower. He asked that they verify that the antenna cannot fall down and hurt anyone or any property, verify it will not bother airplanes, requesting support of the project. He further discussed cell sites with continuous transmissions versus antennas. Ed Hayes, 26656 Purissima Road, also an amateur radio operator, was in favor of the application. He felt that the applicant is committed to the program. He has taken all the right steps and he was impressed with the presentation and the amount of money he is going to spend to mitigate any impact to his neighbors and still provide a service which will benefit everyone in an emergency. He encouraged approval.