Planning Commission - Special Meeting

Everyone's trying

to beat you.

You kinda left I left everything as you gave it to me

in terms of like, paperwork. That's what I need.

Yep. And then so I put the access code right there. It's just that four digit code tag. Alright?

Cool. Appreciate it. No problem. Yeah. Is your brother an attorney? Yes. I saw him on the news. Yeah. Which one? Will you

is he with Linden? Is in the Linden deal?

I thought

I went. Yeah. Yeah. It's gotta be your relation. Yeah. Know.

Yeah. That's That's funny. Funny.

Yeah. That's it. Yeah. I don't know what I mean. Oh, just think.

Check. Check. One second. Folks, we're gonna call the meeting in order. It's 06:00.

So welcome. I'll let you all take a seat. Good evening. We'll start the meeting with the flag salute. Commissioner, will you lead us?

Thank you very much. Can we have roll call, please?

Commissioner Roosteller? Here. Commissioner Milas?

Here.

Commissioner Rhodes? Here. Commissioner Tutovuki?

Present.

Commissioner Sengha? Present. Mister chairman, we have quorum. Thank you very much.

We'll move to minutes from previous hearings. We've got two six twenty five, seven seventeen twenty five, eleven six twenty five, and eleven twenty twenty five. Are there we could take these all at once unless there are some additions or corrections. So are there any additions and corrections? No. Senan will the chair will entertain a motion to accept all four minutes as submitted.

I'll make a motion.

Do I have a second? Second. Move to second. We'll take a vote.

Commissioner Tutti Vuki? Yes. Commissioner Milas? Yes. Commissioner Roostahler? Yes. Commissioner Sengham? Yes. Commissioner Rhodes?

Yes. Alright. We'll move to actions on request for continuances or withdrawals.

Yes. Thank you, chairman. We do have a request for continuance from the San Joaquin County Office of Education. They've requested a continuance for item number two, and their request is included in your notes for this evening.

State Thank you for

Your name and your address, please.

My name is Anthony Flores with San Joaquin County Office of Education. My address is 2531 Coloma my personal address.

Oh, you can give the county office a Arch Road on Coloma.

Lane in Tracy, California.

Okay. Thank you.

Thank you for the opportunity to speak. I am Anthony Flores with the San Joaquin County Office of Education. As mentioned in the staff report, we are one of the neighbors of the Manteca Sportsman's Club. Our property about a mile away is the location of the Durham Ferry Academy, which is part of SJCUE's venture.

Are asking for this item to be pulled? Because that's what we're under right now. Or I'm

asking for a continuance to the March 5 planning commission. Okay.

So we're gonna discuss this and we'll we'll call you back in a So a request has been made and since this is this is an item that's been on off and on agendas for a long time, so I'm gonna give the Sportsman Club folks a chance to give us a reason why we shouldn't pull the item. I think we know since we got a letter from the county why they wanna pull it, and so we'd like to hear from both of you before we make a decision if we're gonna pull this item or not.

Thank you. John Swan, president, Manteca Sportsman's Club, 30261 South Airport Way, Manteca. We would request that the continuance not be granted at this time. This process, like you mentioned, has been going on for four years now. This continuance is basically the same as the previous continuance the sheriff's department grudgingly requested for for a review of our design and our materials for the baffles that we plan to put in place.

The sheriff's department has, for the past two years, signed off on every version of the plans that we have submitted. We have adjusted our plans for every request that's been made. And even after the last continuance that the sheriff's department to evaluate and have an independent evaluator review our plans and our materials which we provided, it just seems to be a repeat of the same request. So we would just request that continue to move forward.

Okay. Thank you. Thank you. Now we'll hear from the county again. County Office of Ed.

Thank you again. I did have the pleasure to meet Mr. Swan. There was a time where we did have no communication between us, not to anybody's fault. I think people had moved on.

So we are trying to reestablish some good relations with our neighbors next to us. We are an education entity. We are not in the ballistics expertise. We would like and we have contacted a ballistics expert who we are willing to bring in to review the plans with mister Swan and his team and just to put our mind at ease so we can ensure that bullets are staying on their property, not off of our property not off of their property into our property. We do have students, not only Monday through Friday on on the Durham Ferry site, but also on the weekends doing field trips, including parents and staff members.

It is by it is extremely important that the Manteca Sportsman's Club and their customers keep their bullets on their property. I believe we are gonna create a good relationship with our partners and our neighbors. We would just like our own expert to come in and put our minds at ease. We believe one more month we can get our expert in within that month. And we believe one more month of extension to review the plans is not too much to ask So

so we wanna be if we grant the continuance, I'd like to get a date specific. So have you contacted a ballistic expert to go over LEAF?

Yes, sir.

Okay. And can you give us a date when that you will have the report back so the Sportsman Club folks can review it as well?

Yes. So we, as a public entity, we have to go through certain process. We just can't do a credit card. So we believe within a few days, I would say by Monday, Tuesday, if we can start the process. Wednesday, we can get appeal for the individual. And then shortly after that, we would be able to schedule him to come out. He does live in Arizona. He would then fly out and but as a specific date, I do not have that specific date at this time.

Okay. So you stated a month. So if we if we decide to to grant your continuance, it would March 19 would be a month. A little more than a month.

Yeah. I believe they said the next meeting is March 5.

There's a meeting on the February 19 and March 5. So could you have something back by March 5?

In my opinion, I believe we can, yes.

Okay. So, you know, this has been going on for four years, but I think if you're all talking to one another and it's going to make things better, I would say March 5 would be a date that we I I could and I'd belong to hear from the rest of the commission if they're willing to accept the continuance. Anybody? Comments?

Chair, if I may? Yes. I had a question, sir. Was the gun range there before or was the school there before in existence?

In this instance, I believe the gun range was in existence before.

So when you guys built the school, didn't you guys realize that there's a gun range there?

I'm not sure. I just started within the last year, so I'm not sure the process of that when it when it was built. I know there was a state park before that. So Yes.

We were aware that a gun range was there, and we have I'm sorry. Jane Chamberlain, San Joaquin County Office of Education. We were aware that there was gun range there and we have cohabitated quite well for many years. What changed in 2020 was the type of gun used at the gun range which then has the ability to come over the levee and onto our campus. And that's what's changed for us.

And we I just wanna clarify. This has not been going on for four years. This happened four years ago and we have been waiting until we were given information that corrections were going to be made, which we were just given about ten days ago. And so we are then responding as a result of that.

Okay, thank you. So just like the chair asked the question, you guys are asking for a month extension and you still don't have a date, so you're pretty sure that the date will be within the one month period if the continuance is issued?

We're asking for a continuance till the March 5 meeting, and we'll make it happen.

Okay. Just hypothetically speaking, God forbid, if it doesn't happen, will you guys be asking for another continuance?

That's not our plan.

Okay. Thank you. Just want to get that on the record.

Commissioner Rhodes?

And and I don't think this is about, you know, whether they can use guns or not. I think this is just specific to one gun that was introduced. Because this is a conditional use permit and and the findings are are very clear, in other words, if it becomes an issue of safety or anything else, it has to be reviewed. But I'm perhaps in a weird situation because I almost had a child, a granddaughter, that went to Durham Ferry. And when I heard about it, it was, you know, was quite disturbing and I was kind of happy that she didn't go there because these bullets have been landing there.

The property has been public for years and years and years. So I think that the way I'm looking at it is that I want them to continue as long as they want. I want them to bring their rifle back, but I want it to be safe. And if they're willing to pay for an expert, you know, I think and they're willing to work with with the gun range, I think that the gun range would be happy to. Because the other alternative is those bullets never hit anybody.

But if they ever did, god forbid, it would be the gun range who would be the one, you know, paying out and and taking on the consequences. So I think that for the safety of everybody and the comfort of everybody, I would welcome an expert telling us, about this. And I know we have a great sheriff's department, but the more people, you know, talk about it and look at it, the safer it's gonna be in the long run.

Okay. I I think we have a little rebuttal from the Sportsman Club folks. Have a question Go ahead.

So we have one report from the school, and then do you guys are you gonna do a report? Do you need to do a report?

They've already dealt.

We've already we've already had a ballistics expert evaluate our plans, the materials for the chambers, the deflectors, and everything, as well as the sheriff's department has brought out their own sniper teams to check to make sure that there is no trajectory that would be able to leave our property with these deflectors in place. I'd like to add to your question in regards to who was there first. The Manteca Sportsman's Club was founded on property in 1947. We have been there ever since with no instances of any sort. Even this instance, we questioned because we've never been presented with any formal, as far as I know, proof that it came from us.

There have been multiple calls that we've made for the sheriff's department over the last three years reporting additional gunfire going on off our property at off hours. There is a residence that has its own little makeshift gun range that's less than 300 yards from the educational facility in direct line with them. And then, yeah, like I said, we've had our own ballistics expert. He's here if you'd like to hear from him, have any questions for him, as well as the sheriffs have already evaluated.

You know, I don't think we're gonna hear from him tonight. K. We know that what has been recommended by staff, But it is a little unusual to go in such death when an item's been asked to be pulled. So I think I've heard enough, and I and if anybody else wants to hear anything else, speak up. If not, here I'll entertain a motion to accept the continuance with the stipulation that it will be on the March 5 calendar.

I'll make the motion.

Do I have a second?

I'll second it.

Call for I the

had a question. Is the motion to deny or to accept the continuance? Okay. Thank you.

Typically, there is if an item is being pulled, the the as I understand, there is not any public comment. The item is normally other than the person who wants to pull it and those who want to continue it. But anybody else from the public am I wrong?

That's correct. So so the only matter being entertained right now is the continuance of the matter. So if have a comment regarding the continuance, but other than that we're not delving into the item itself, because that will be reserved for if the motion passes to March 5.

Okay.

Do you have a comment on the continuance?

No. Okay. Okay. So then you'll have to wait until March 5 to do yours.

If it passes. And your comments.

Yeah. If when it comes back. Yeah. Okay. So I will ask for the role to be yes. Excuse me.

Commissioner Seng No. Commissioner Rhodes? Yes. Commissioner Tutti Vuki? Yes. Commissioner Roosteller? Yes. Commissioner Milas?

Yes.

Motion passes. Four one.

So item two will be continued to the March 5 agenda. Okay, so that takes us back to the public comment. And so non contested agenda items, items calendared for non contested agenda will be approved in one oh, I'm sorry. The public. I got all thrown off because I talked too long.

The public's welcome at this time to address the Planning Commission on items of interest to the public that are not listed on the agenda. Comments to the Commission are limited to a maximum of five minutes. Would anybody like to address the Commission on items not on the agenda? Okay. So that'll take us to the action item.

So non contested agenda items calendar for non congested agenda will be approved in one motion. We used to call these the consent items, so I'm a little off on my reading. Hopefully the county office of Ed won't put me in a remedial reading program after this. So it will be approved in one motion with a separate public hearing unless a member of the Planning Commission or the audience asks that items be pulled, which we did. I skipped ahead of what I normally do.

And so we have one item that is now known as a non contested item, a conditional use permit for the Confucius Church of Stockton. Do I have a motion to accept this non contested item? Do I have a second?

I'll second.

Call for the vote.

Commissioner Milas?

Yes.

Commissioner Sengha? Yes. Commissioner Rhodes? Yes. Commissioner Tutovuki? Yes. Commissioner Roostahler? Yes. Motion passes five o.

Alright. It takes us to other business.

I was just gonna provide an update for future meetings.

Alright. That's the director's report.

Oh. We don't have anything scheduled for February 19. March 5 will be the Manteca Sportsman Club that we continue tonight. And then March 19 will be a conditional use permit for a religious assembly on South Nancy Amelia Court in Tracy. I'm sorry. Did I say?

You said March 19?

March 19.

Yes. Okay.

No. Yeah. We don't have anything scheduled for the February

Oh, okay. So meeting. Yeah. I So we're looking at notes for this evening, and it says no items scheduled for the

Yeah. We sorry.

Typo.

March 19 or February 19, nothing. March 5 is the item that was continued tonight, and March 19 is a religious assembly in Tracy. Yes.

Okey doke. Planning commissioner's comments.

All good.

All right. Hearing none, I shall adjourn the meeting. Thank you.