AUGUST 10, 2010



AUGUST 10, 2010
7:00 P.M.

The regular meeting of the Livingston Planning Commission was held in the City Hall Conference Room on Tuesday, August 10, 2010. The meeting was called to order by Chair Soria at 7:00 p.m.

Commissioners Present: Chair Roy Soria, Vice‑Chair Kaye Greeley, Commissioner Luis Enrique Flores, Commissioner Alex Gonzalez, and Commissioner Hugo Salgado.

Commissioners Absent: Alternate Commissioner Manoj Bains (Excused)

Staff Present: Administrative Assistant Filomena Arredondo, Community Development Director Donna Kenney, and Assistant City Attorney Jeffrey Massey.

Others Present: Eric Hale – Clearwire LLC; Katherine Schell-Rodriguez; Theresa Land, and others in the audience.


The pledge of allegiance to the flag was recited.



Commissioner Flores made a minor correction to the minutes from the regular meeting of July 13, 2010.

Motion by Vice-Chair Greeley seconded by Commissioner Flores to approve the minutes from the regular meeting of July 13, 2010, as corrected. Motion carried 5-0.


Members of the Audience

Theresa Land, 995 Hilltop Avenue, reminded everyone about the upcoming re-call election on August 31, 2010, and encouraged everyone to vote.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, stated that she has sat at several City Council meetings and read the comment section of the Sun-Star and the words, “the people’s voice” and “the people have spoken” keep coming up and it seems to her that a certain group of people have it in their heads that theirs is the one, the only, the sole voice and that if anyone has a different voice, it is as they don’t exist. She personally thinks this is arrogant, over the top, and condescending. There are other voices and other opinions just as valid, reasoned and researched as anyone else’s, so when they put themselves out as the one and the only, they are specifically telling her that her voice, her opinion, and her view do not matter and she does not appreciate it.

Public Comment closed at 7:06 p.m.



Clearwire LLC has applied for a Site Plan and Design Review to install five (5) new panel antennas on an existing tower located at 2370 Walnut Avenue, pursuant to LMC 5-5-8. Photosims and the site plan and elevations were provided to Planning Commissioners in their Agenda packet.

Community Development Director Kenney presented the staff report and recommended approval of the project. She explained that the panel antennas are proposed to be installed at the 165-foot elevation of the existing 195-foot tall self‑supporting lattice tower. If the project gets approved, the applicant will have to apply for an electrical permit and submit engineering calculations to the City to insure that the tower can accommodate these additional antennas.

Clearwire representative Eric Hale, 5643 Elvas Avenue, Sacramento, was present to answer questions.

Commissioners’ Questions/Comments:


· Asked for clarification of design requirement #1 listed on page 3 of staff report – “The provision for benches, telephones, and shaded areas at major transit destinations shall be determined based upon necessity with City approval during a site plan review procedure.”

Director Kenney said the site and design review section of the City’s Zoning Code has not been updated for a while and so when she was writing the staff report, she took the 14 design requirements listed in that section of the Code and then looked at the project and tried to come up with answers to questions that this section poses, so even though there are no benches, telephones, or shaded areas associated with this project she listed all 14 design requirements on the staff report.

· Questioned if the tower was structurally sound?

Director Kenney replied that normally they already know the tower is structurally sound before they move forward with the application process.


· He is a Clearwire customer and he is under the impression that the new name for “Clearwire” is now “Clear.” He asked if this was correct.

Eric Hale replied that they have a number of different names associated with the company, but “Clear” is what they are trying to promote.


· What’s the advantage of adding five antennas?

Mr. Hale said their long term goal is to build a new pole on the property of the Livingston True Value Hardware Store, so before that offer can come through, they need to add some more antennas where they currently are to help expand the network to cover more of the area.


· If the tower is not structurally sound and something happens, who would pay for that?

Eric Hale said the structural report is due from AT&T on August 13th. As soon as Clearwire gets it, they will forward it on to Director Kenney and the Building Department. They are talking about adding approximately 300 lbs. to the current load, so generally it will not affect the structure right now, but they have ways to reinforce the tower legs if they need to and Clearwire will pay for all of the modifications.


· Asked how much weight is one of these antennas.

Eric Hale replied it was approximately 35 pounds.

Chair Soria opened the public hearing 7:14 p.m. and closed it immediately thereafter as there was no public comment.

Commissioner Flores reiterated his concerns about the proximity of this tower to the vulnerable population at the Child Development Center.

Motion by Vice-Chair Greeley, seconded by Commissioner Salgado, to approve Resolution 2010‑07, a Resolution of the Planning Commission of the City of Livingston Recommending to the City Council the Approval of Site Plan/Design Review 2010-06 for Clearwire. The motion carried 4-1, by the following vote:

AYES: Chair Soria, Vice-Chair Greeley, and Commissioners Gonzalez and Salgado

NOES: Commissioner Flores

ABSENT: Alternate Commissioner Bains

Director Kenney noted that there will a 10-day appeal period on the Planning Commission’s recommendation and that this item will be tentatively scheduled for the City Council meeting of September 7, 2010.


Planning Commission


  • She is a Clearwire customer and enjoys it very much.


· Announced that he is stepping down from the Planning Commission effective immediately. He has accepted a different position within his company that will allow him to finish school and he will no longer be able to attend Planning Commission meetings.


· Wished Commissioner Salgado luck and stated it was unfortunate that he couldn’t stay on the Planning Commission longer because he feels that younger voices are needed in this Commission.

· Stated that he is one of the proponents of the recall and invited everyone to vote “Yes” on the upcoming recall election of August 31st. He added that this election is costing a lot of money, so he would like to see everyone come out and vote.


· e Thanked Commissioner Salgado for his services and wished him good luck.


· Thanked Commissioner Salgado for his services and commended him for stepping forward and getting an education.

· Reported that he is 62 years old today.

City Staff

Community Development Director Kenney

· She is going on vacation Thursday. Contact Administrative Assistant Filomena Arredondo with any questions.

Administrative Assistant Arredondo

· Wished Chair Soria a happy birthday.

Assistant City Attorney Massey

· Wished Chair Soria a happy birthday.


The regular meeting was adjourned by consensus at 7:21 p.m.

APPROVED: December 14, 2010

______________________________ _______________________________

Chair, ROY SORIA Secretary of the Planning Commission,



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