CITY OF IMPERIAL BEACH
CITY COUNCIL
CLOSED AND REGULAR MEETING MINUTES
August 20, 2025, 6: 00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Pro Tern Seabury, Councilmember Fisher, Councilmember Leyba- Gonzalez, Councilmember McKay
Staff: City Manager Foltz, Chief Administrative Officer Cortez- Martinez, City Attorney Lyon, City Clerk Kelly, Human Resources Manager Smith The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency.
1. CALL CLOSED SESSION MEETING TO ORDER
Mayor Pro Tern Seabury called the Closed Session Meeting to order at 5: 00 p. m.
2. ROLL CALL
City Clerk Kelly took roll.
3. CLOSED SESSION
Mayor Pro Tern Seabury adjourned the meeting to Closed Session at 5: 01 p. m.
3. a CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956. 9( d)( 2) ( 1 case)
Existing facts and circumstances pursuant to Government Code section 54956. 9 ( e)( 3)
RECONVENE AND ANNOUNCE ACTION
Mayor Pro Tern Seabury called the Closed Session Meeting back to order at 6: 00 p. m.
Reporting out of Closed Session, City Attorney Lyon announced direction was given, no reportable action was taken, and the Council adjourned Closed Session at 5: 35 p. m.
4. ADJOURN CLOSED SESSION
The Closed Session Meeting was adjourned at 5: 35 p. m.
5. CALL REGULAR MEETING TO ORDER
Mayor Pro Tern Seabury called the Regular Meeting to order at 6:01 p. m. 1 6. ROLL CALL
City Clerk Kelly took roll.
7. PLEDGE OF ALLEGIANCE
Martin Mattes led the Pledge of Allegiance.
8. REIMBURSEMENT DISCLOSURES/ REPORTS ON ASSIGNMENTS AND COMMITTEES Councilmember McKay:
Metro Wastewater JPA
Hess Fest
Cal Cities Regional Meeting
State Route 11/ Seimpre Viva Bridge Ribbon Cutting Ceremony Farmer' s Market at the City' s Tent
Announced the American Fleet Reserve will have the Honor Flight Chili Cookoff Fundraiser this Saturday August 23rd
Councilmember Leyba- Gonzalez:
Nothing to report - Both MTS and SANDAG are dark the month of August Councilmember Fisher:
State Route 11/ Seimpre Viva Bridge Ribbon Cutting Ceremony Music in the Park
Mayor Pro Tem Seabury:
Historical Society
Music in the Park
Cal Cities Regional Meeting
South County Economic Development Council Summit
Farmers Market at the City Tent
9. COMMUNICATIONS FROM CITY STAFF
City Manager Foltz announced interpretive services are available tonight. He also announced that Item No. 15. a. regarding El Tapatio is being moved to the City Council Meeting on September 3, 2025.
10. PUBLIC COMMENT
Jarrod Caswell congratulated Councilmember McKay on his appointment as Mayor. He expressed concerns about politics in Imperial Beach, and he encouraged everyone to work together. He thanked the City for repairing a streetlight.
Erika Lowery commented that she wished Last Minute Agenda Information was sent out earlier, she stated that incoming Mayor McKay seems ready to take on the responsibility, and that the vetting process for the District 3 Councilmember seat should be limited to District 3 residents and the City Council.
Lynne Fischer criticized the appointment of Councilmember McKay as Mayor and stated he should recuse himself from the Mayoral Election in 2026. 2 Mayor Pro Tern Seabury stated that the Mayoral Appointment and the District 3 Council Seat vacancy comments should be made when those Agenda Items come up.
Josephine Hamada thanked the Public Works Department for keeping the bus stops pristine and expressed concerns about the new bus stop on Seacoast Drive lacking protection. She requested that the Big Picture document be edited.
Leon Benham alerted the City Council about an upcoming San Diego Regional Water Quality Control Board meeting on August 27th regarding a cease- and- desist order against the IBWC.
He implored the City Council to comment on multiple important items on the agenda.
Truth stated there was unprofessional conduct of Karl Bradley, Chair of the Design Review Board, and Lynne Fischer, Member of the Tidelands Advisory Committee, and called for a clear code of conduct for those who serve on public boards, committees and commissions. She spoke about the Air Pollution Control District meeting, where Supervisor Aguirre had 8 amendments including not requiring addresses to receive air purifiers through the Air Purifier Program. She commented on ACCE attending National City' s Council meeting. She provided suggestions on ways to increase tourism.
Ignacio Martinez spoke to how appointing officials is not an unusual process; it happens all over the country and well within the law to appoint.
Corchelle Worsham, Public Relations Communications Manager for Flagship Cruises and Events, shared the announcement of two new all- electric ferries connecting Broadway Pier, Fifth Ave Landing and Coronado Launching fall of 2026.
11. OATH OF OFFICE
11. a RESOLUTION NO. 2025- 044 APPOINTING MITCHELL D. MCKAY TO FILL THE
VACANCY IN THE OFFICE OF THE MAYOR AND ADMINISTRATION OF THE OATH OF OFFICE. ( 0410- 40)
Public Comments
Truth spoke on how some people wanted to delay the process, and for the Mayor' s seat to stay empty. She spoke on Working Families First, their supporters, and Councilmember LeybaGonzalez being the lone no vote for the Mayor' s appointment. She stated she did not elaborate on Councilmember Fisher' s qualifications previously; she complimented his passion and tolerance to opposing opinions. She congratulated Councilmember McKay on his appointment as Mayor.
Baron Partlow congratulated Councilmember McKay on his appointment as Mayor. He complained about prior officials of the City and stated he is available to serve.
Written Comments submitted by: Thora Wolfe, Pattie Boman, and Toni Trinidad.
Councilmember Fisher expressed his appreciation for what Mayor Dedina and Mayor Aguirre did to bring attention to the sewage issue. He spoke on the commitment to continue that fight for the community and is hopeful that Mayor McKay will be able to bring people back to Imperial 3 Beach. He touched on City events and what the City has to offer. He emphasized his support for the resolution.
Mayor Pro Tem Seabury reminisced about how Councilmember McKay would provide public assistance before his election to office, and he has a history of doing what is right for the City of Imperial Beach.
City Clerk Kelly took an oral vote:
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Seabury
To approve Resolution No. 2025- 044 and allow the City Clerk to present a Certificate of Appointment and administer the Oath of Office to Mitchell D. McKay. 3): Mayor Pro Tem Seabury, Councilmember Fisher, and Councilmember McKay 1): Councilmember Leyba- Gonzalez
Motion Carried ( 3 to 1)
Mayor Brian Bilbray administered the Ceremonial Oath of Office to Mitchell D. McKay.
Mayor McKay provided some remarks and expressed appreciation to his wife and family for their support.
Mayor Pro Tem Seabury adjourned for a recess at 6: 52 p. m.
Mayor McKay called the meeting back to order at 7: 08 p. m. and requested a roll call.
City Clerk Kelly took roll:
PRESENT: Mayor McKay, Mayor Pro Tern Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez.
12. PRESENTATIONS
12. a PRESENTATION AND FINANCIAL REPORT BY THE YE OLDE PLANK INN CHANGING OF THE GUARDS SUMMER KICK OFF PARTY. ( 1040- 10) Martin Mattes gave a PowerPoint presentation on the item. He questioned why he can only do two events per year.
Councilmember Leyba- Gonzalez thanked Mr. Mattes for holding the event.
Public Comments
Truth questioned why there were no pictures of the event in the presentation, and why the canopies are so expensive. She stated if they were allowed to have more events she might be able to attend.
4 13. CONSENT CALENDAR
Public Comments
Truth:
13. a. She made comments on various costs, including the expenses for the Mayor' s breakfast, the new gavel, and membership to SANDAG.
13. c. She questioned if Mayor McKay and Mayor Pro Tem Seabury were driving to the Cal Cities Expo and why Mayor Pro Tem Seabury' s lodging is more expensive than Mayor McKay' s.
Motion by Mayor Pro Tem Seabury
Seconded by Councilmember Fisher
To approve Consent Calendar Item Nos. 13. a through 13. e.
AYES ( 4): Mayor McKay, Mayor Pro Tem Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0)
13. a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM JULY 25, 2025 TO AUGUST 7, 2025. ( 0300- 25)
City Council ratified and filed the Warrant Register Report.
13. b RECEIVE TREASURER' S REPORT FOR JUNE 2025. ( 0300- 90) City Council received and filed the June 2025 Treasurer' s Report.
13. c NOTIFICATION OF TRAVEL: INCOMING MAYOR MCKAY AND MAYOR PRO TEMPORE SEABURY TO ATTEND THE 2025 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO IN LONG BEACH, CALIFORNIA, OCTOBER 8- 10, 2025. ( 0410- 60)
City Council authorized incoming Mayor McKay and Mayor Pro Tempore Seabury to attend the 2025 Annual Cal Cities Conference and Expo in Long Beach, California, from October 8- 10, 2025, and approved the expenditure of necessary funds for their participation.
13. d DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO, OCTOBER 8- 10, 2025, LONG BEACH CONVENTION CENTER. ( 0140- 10)
1. City Council designated Incoming Mayor McKay as the voting delegate for the 2025 Cal Cities General Assembly; and
2. City Council designated Mayor Pro Tempore Seabury as the alternate voting delegate; and
5 3. City Council authorized the City Clerk to submit the City' s delegate and alternate information through the Cal Cities online submission portal no later than Wednesday, September 24, 2025.
13. e RESOLUTION 2025- 042 APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF IMPERIAL BEACH AND IMPERIAL BEACH FIREFIGHTERS ASSOCIATION, LOCAL 4692. ( 0540- 20)
City Council approved Resolution No. 2025- 042, which approved and adopted a twoyear Memorandum of Understanding ( MOU) from July 1, 2025, to June 30, 2027, with the Imperial Beach Firefighters Association ( IBFA), Local 4692.
14. ORDINANCES/ INTRODUCTION & FIRST READING
None.
15. PUBLIC HEARINGS
15. a EL TAPATIO ( APPLICANT); REGULAR COASTAL PERMIT ( CP- 23- 0001)/ CONDITIONAL USE PERMIT ( CUP- 25- 0003)/ SITE PLAN REVIEW ( SPR- 23- 0008)/ DESIGN REVIEW CASE ( DRC- 23- 0008), AND CATEGORICAL EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Mayor McKay declared the public hearing open.
City Manager Foltz explained that this item is being moved to the City Council meeting on September 3, 2025, to allow time for additional information to be collected and provided by City Staff.
Mayor McKay entertained a Motion to continue the public hearing to September 3, 2025, City Council Meeting at 6: 00 p. m.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tern Seabury
That the City Council continue the public hearing for Regular Coastal Permit ( CP- 23- 0001), Conditional Use Permit ( CUP- 25- 0003), Site Plan Review ( SPR- 23- 0008), Design Review Case ( DRC- 23- 0008), and categorical Exemption pursuant to CEQA Guidelines Section 15332 Class 32 ( In- Fill Development Projects) for expansion of an existing onestory catering kitchen and coffee shop into a two- story office and commercial building at 667 Silver Strand Boulevard ( APN 625- 024- 12- 00), to the September 3, 2025, City Council Meeting.
AYES ( 4): Mayor McKay, Mayor Pro Tem Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0)
6 16. REPORTS
16. a DISCUSSION REGARDING OPTIONS AND POSSIBLE ACTION TO FILL VACANCY IN CITY COUNCIL POSITION, DISTRICT 3. ( 0410- 40)
City Manager Foltz provided a presentation and options to the City Council to discuss and take action to fill the vacancy in the City Council Position for District 3. He stated that the City Council has 60 days from this date to appoint someone or call a special election. The deadline to appoint is October 19, 2025, and the term will end in November 2026. If the Council decides to call a Special Election the Election shall be held at the next regularly established election date and not less than 114 days from the call of the Special Election. He provided examples, options, and estimated costs.
Written comments provided by: Thora Wolfe, Pattie Boman, and Elsie Sleeter.
Public Comments
Josephine Hamada advocated for the residents of District 3 to have a voice on who represents them. She would like the position to be advertised so that District 3 residents have an opportunity to apply and spoke on how the process would depend on the number of applications. She called for the use of common sense and to show respect to the residents of District 3.
Sandra Brillhart referred to the request for decorum yet questioned why people are allowed to use false names and bash private citizens. She outlined multiple processes for electing a representative of the residents of District 3. She requested consideration to send out flyers to each of the residents of District 3 along with advertisements, that a town hall meeting be held, and to develop a clear and uniform criteria. She stated that all interviews should be in public and allow for public comments, and she pointed out practices from other cities that would benefit the process.
Toni Trinidad spoke in support of an application process. Stated that the City Council made missteps for the appointment of Mayor when there was no application, no public interviews, or public input. She thinks District 3 voters would like the opportunity to have a voice for who is appointed. She spoke about the partisanship she observed from the audience and stated the importance of standing up for the democratic process.
John Becker stated that the decision and process to pick the Mayor was in the best interest of the City. He said that there is a need to use an abbreviated selection process for the District 3 appointment to avoid a costly election or avoid running out the calendar.
He pointed out that there are residents in District 3 that have are currently serve on Boards and Committees to serve the community, he suggested that they be contacted about serving in this appointment.
Truth stated for the record that there was public input for the Mayoral appointment, and that District 3 will have a voice on what happens with the seat. In response to the comment that residents in District 3 should be notified by mail of the appointment she questioned if we wanted to have a resident appointed that was not already aware of what is happening in their district. She pointed out that to pay for a special election 7 would require dipping into the reserves for a short- term appointment. She reiterated options and provided alternatives for the current vacant seat.
Council Discussion:
Councilmember Leyba-Gonzalez discussed the financial impact of a special election and commented it is not feasible. He is supportive of the application process and excited about the interview process. He stated he is in support of interviewing all applicants.
Councilmember Fisher agreed with Councilmember Leyba- Gonzalez and supports an application process and that all qualified applicants should be heard. He emphasized the responsibility of holding the seat, the learning curve, and the realistic commitment required. He provided the following recommendations and to move forward with the application and appointment process:
Amend the application deadline to September 10, from September 11.
Each applicant be asked to provide their top three priorities for the City Each applicant should be asked the same questions
Suggestions for order of Candidate Interviews: Pulling a number out of a hat or alphabetical order
Go through a round of voting such as a bracketing ranking or a tally system Mayor Pro Tem Seabury stated that as councilmembers it is not just their single district they represent but all of the City of Imperial beach. She receives calls from residents of other districts and will help; it does not matter what district they are from. She questioned City Manager Foltz regarding Coronado' s interview process, if the applicants were able to speak after every round. City Manager Foltz responded he was not sure, but that Council has the ability to decide to do that if they wish. She emphasized that the candidate chosen should be based on their values, ethics, morals, transparency and belief in the community. She confirmed that she supports the application process.
Mayor McKay agreed with the application process and emphasized the importance of sticking to the timeline to avoid triggering a special election. He agreed to the suggested change in the deadline for applications but stated the dates moving forward need to be set in stone. He expressed he was in favor of an Applicant Information Forum similar to what the City of Lemon Grove provided. This allows residents to ask questions and ensures that those interested understand the legal and physical requirements for this position. Mayor McKay felt that there was a City Council consensus on the application process and reiterated he would like the Information Forum to take place.
Councilmember Fisher questioned if Council can legally require the person appointed to not run for a Council seat in the future. He heard multiple residents mention it and wanted to make sure that their concerns were addressed.
City Attorney Lyon responded she was not aware that requirement can be made.
City Manager Foltz stated that although it cannot be a requirement it can be formed as a question for the applicants during the interview process if they wish.
Councilmember Fisher agreed that the forum would be beneficial and questioned if it would fit in with the timeline required.
8 Discussion between Council and City Staff occurred to finalize details regarding the timeline for applications deadline requirements, the date of the applicant information forum, the process after the applications are received, the interview process, and then next steps.
City Manager Foltz Summarized the Process:
Applicant Information Forum to take place after announcement in the paper is published and before the application deadline.
Applications are to be submitted in person by 5: 00 p. m. on September 10, 2025, with proof of Identification.
First Round of Interviews will be conducted at the September 17, 2025, City Council Meeting where every applicant will be interviewed.
Councilmembers will be able to select up to two candidates; the selected candidates will be able to move to the next round of interviews or Council may make an appointment on September 17, 2025.
Motion by Mayor Pro Tem Seabury
Seconded by Councilmember Fisher
AYES ( 3): Mayor McKay, Mayor Pro Tem Seabury, Councilmember Fisher NOES ( 1): Councilmember Leyba- Gonzalez
Motion Carried ( 3 to 1)
Mayor McKay called for a recess at 8: 25 p. m. He called the meeting to order again at 8: 29 p. m. with all Councilmembers present.
16. b APPROVAL OF SPECIAL EVENT PERMIT APPLICATION FOR THE IMPERIAL BEACH ATHLETIC CLUB ( IBAC) 2025 SUMMER SERIES AND USE OF DESIGNATED BEACH SPACE AND SOUND AMPLIFICATION PERMIT. ( 1040- 10) Councilmember Leyba- Gonzalez recused himself from discussion of the item due to a potential conflict of interest because he is a member of IBAC and left the Council Chambers at 8: 29 p. m.
CAO Cortez-Martinez provided a PowerPoint presentation on the item.
Public comments
Martin Mattes stated that IBAC is the gold standard of non- profits for the County of San Diego. He supported the request to waive the fees and stated that Imperial Beach Athletic Club is the heart and soul of Imperial Beach, citing they give back to the City and the citizens of Imperial Beach.
Truth agreed with Martin Mattes' sentiments, noted a few typos and supported the fee waiver request.
Councilmember Fisher and Mayor Pro Tern Seabury expressed support for the event, highlighting its positive impact on the community.
9 Motion by Mayor Pro Tern Seabury
Seconded by Councilmember Fisher
To approve the special event permit for the IBAC Summer Series.
AYES ( 3): Mayor McKay, Mayor Pro Tem Seabury, and Councilmember Fisher Conflict ( 1): Councilmember Leyba- Gonzalez
Motion Carried ( 3 to 0)
16. c APPROVAL OF A SPECIAL EVENT PERMIT APPLICATION FOR THE 2025 SAN
DIEGO AIR COOLED FIESTA IN LA PLAYA CAR SHOW AND USE OF SEACOAST
DRIVE, PIER PLAZA AND IMPERIAL BEACH PIER AND SOUND AMPLIFICATION PERMIT. ( 1040- 10)
Councilmember Leyba- Gonzalez returned to the City Chambers at 8: 40 p. m.
CAO Cortez-Martinez gave a PowerPoint Presentation on the item.
No public comments.
Councilmember Leyba-Gonzalez expressed strong support for the event, he explained that he attends every year and is looking forward to attending this year.
Councilmember Fisher spoke to the positive impact the event has on the community, the organization' s contributions to the City, his enjoyment of the event, and his support for the fee waivers and approval of the special permit.
Mayor Pro Tern Seabury commented on the local economic impact the event brings to the City and inquired about how many years it has been taking place.
Dan Decker, Club Secretary, responded that they have had the event for 12 years total, and 6 of those have been in Imperial Beach. In response to Mayor Pro Tem Seabury' s comment on only 1 food booth, Mr. Decker explained that it is actually a VW Bus that has been converted to a drink station. He stated they purposely do not have food vendors so that people who attend the event are encouraged to visit local businesses and restaurants.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Seabury
1. To approve the special event permit application from San Diego Air Cooled to the annual Fiesta En La Playa Car Show on Sunday, September 21, 2025. Approval includes:
1. Use of Pier Plaza as an event venue; and
2. Closure of Seacoast Drive from Elkwood Avenue to Donax Avenue; and
3. Use the Imperial Beach Pier to park cars; and
4. Sound amplification permit.
2. To approve the applicant' s request for a waiver of eligible special event fees. 10 AYES ( 4): Mayor McKay, Mayor Pro Tern Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0)
16. d RESOLUTION 2025- 043 APPROVING AND ADOPTING THE FY 2025-27 SALARY
SCHEDULE, THE CITY' S APPOINTIVE MANAGEMENT & CONFIDENTIAL BENEFITS SUMMARY AND VARIOUS PERSONNEL CHANGES. ( 0520- 75) Human Resources Director Smith gave a PowerPoint presentation on the item.
Public Comments
Truth criticized the proposed salary increase, noting it was the lowest she has seen among cities so far, but she also praised the employee benefits. She also pointed out grammar mistakes.
In response to Councilmember Fisher' s question about whether these adjustments were included in the recently approved budget, Human Resources Director Smith confirmed that they were.
Mayor McKay announced Pursuant to Government Code Section 54953( c)( 3), this agenda item includes a recommendation for the City Council to approve increases in compensation and benefits for Appointive Management Personnel of the City.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Seabury
To approve Resolution 2025- 043 to approve and adopt the following:
1. The City' s Fiscal Year 2025- 2027 Salary Schedule; and
2. The City' s Appointive Management & Confidential Benefits Summary; and
3. Various Personnel Changes.
AYES ( 4): Mayor McKay, Mayor Pro Tem Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0)
17. I. B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS None.
18. ITEMS PULLED FROM THE CONSENT CALENDAR
None.
19. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Leyba- Gonzalez requested confirmation that the Barbeque in the Pocket Park would take place.
Mayor McKay confirmed the event would take place and that he would barbeque. 11 20. ADJOURN REGULAR MEETING
Mayor McKay adjourned the Regular Meeting at 9: 00 p. m.
J cq line M. Kelly, M C Mitchell D. McKay (
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rk Mayor
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