CITY OF SAN CLEMENTE
Tuesday, February 7, 2023 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on February 7, 2023 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez,
Deputy City Clerk
CLOSED SESSION
Concerned Resident, San Clemente, narrated a Powerpoint presentation concerning City Attorney Smith. A hard copy of the presentation is on file with the City Clerk.
AQ expressed concern regarding City Attorney Smith and legal interpretations.
City Attorney Smith announced that he will recuse himself on Closed Session Item B due to a financial interest.
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to recess at 5:08 p.m. to Closed Session to discuss the following:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9 (d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et. al.
Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Attorney
ATTACHMENT 7
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
City Council Regular Meeting Minutes February 7, 2023
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
6C(2) APPROVE WARRANT NOS.
585878 THROUGH 586000, PAID ON
1-20-23, IN THE AMOUNT OF $746,838.48
AQ expressed concern on warrant item 585916 related to Mayor Duncan's travel expenses regarding his trip to Washington D.C. to attend the Mayor's Conference.
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to approve:
Warrant Nos. 585878 through
586000, paid on 1-20-23,
in the amount of
AYE:
NOE:
$746,838.48
Cabral, Enmeier, James, Knoblock and Mayor Duncan
None
7. Public Hearings
A. APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL
Continued Public Hearing to consider a City Council initiated appeal of the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, Primo Foods Beer and Wine, 2801 S. El Camino Real, which approved beer and wine sales at Primo Foods Market and Deli for off-site consumption, with hours of operation from 8:00 a.m. - 8:00 p.m. daily.
The project does not propose changes to the existing market.
Councilmember Cabral disclosed prior to the Council initiated review of the Minor Conditional Use Permti 22-197 that he had shopped at Primo Foods Beer and Wine on two occasions.
Councilmember James disclosed that he has been to Primo Foods Beer and Wine; discussed parking concerns with the developer of the adjacent town homes, David Gutierrez; had a meeting with the applicant, applicants counsel and City staff.
Mayor Duncan disclosed that he has not been to the establishment but has driven past Primo Foods Beer and Wine.
Mayor Pro Tem Knoblock disclosed he has not been to Primo Foods Beer and Wine but has driven past the establishment; had a brief conversation with the
City Council Regular Meeting Minutes February 7, 2023
adjacent town home developer, David Gutierrez, regarding parking concerns.
Councilmember Enmeier reported that he has not been to Primo Foods Beer and Wine since it has been open.
Assistant Planner Coury narrated a Powerpoint presentation entitled "Primo Foods Beer & Wine MCUP 22-197" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Mayor Duncan opened the Public Hearing.
Joseph Stine, counsel for the applicant, and Sam Assi, owner of Primo Foods Beer and Wine, presented on business operations, sales of beer and wine and concerns relating to parking and responded to Council inquiries.
David Gutierrez, San Clemente, expressed concerns regarding parking, distributed photographs to the Council and responded to Council inquiries. A hard copy of the photographs are on file with the City Clerk.
Karen Conley spoke in support of the Minor Conditional Use Permit for Primo Foods Beer and Wine.
Thor Johnson, San Clemente, spoke in support of Primo Foods Beer and Wine.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Following discussion, motion by Mayor Duncan, second by Councilmember Enmeier, FAILED 2-3, to affirm the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, and adopt Resolution No. 23-03 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, MINOR CONDITIONAL USE PERMIT 22-197,
PRIMO FOOD BEER AND WINE, A REQUEST TO ALLOW BEER AND WINE SALES FOR OFF-SITE CONSUMPTION LOCATED AT 2801 EL CAMINO REAL.
AYE: Enmeier and Mayor Duncan
NOE: Cabral, James and Knoblock