Del Mar Mayor Tracy Martinez defended the City Council's criminal referral of fairgrounds board member Mark Arabo in a letter released Thursday, Oct. 15. She rejected the fair board's demand for an apology.

Martinez's one-page letter, posted on the city's website, responded to statements made during the 22nd District Agricultural Association (22nd DAA) board meeting Tuesday, Oct. 13. At that meeting, as we reported Oct. 15, board members demanded the council appear at a November meeting to apologize.

Martinez said the fair board needs to understand the city's responsibility to act on the concerns raised, according to the San Diego Union-Tribune. She said the council was fulfilling its ethical duty to the public.

The dispute traces to July, when the city received an email signed by a Debrah Barnes. The email alleged that Arabo and state Attorney General Rob Bonta had conflicts of interest tied to the proposed 259-unit Seaside Ridge housing project. It did not describe specific illegal actions.

On Aug. 3, the council voted 3-0 in a 10-minute special meeting to send criminal referrals to District Attorney Summer Stephan and U.S. Attorney Adam Gordon. Councilmember Dan Quirk was absent. Council members did not discuss Arabo's three-page rebuttal before voting, the Union-Tribune reported.

Stephan's office declined to pursue charges.

In an Oct. 1 letter, the DA's Public Integrity Unit said it found "insufficient evidence" and could not verify Barnes' identity, the Union-Tribune reported Oct. 9. The unit called the referral process "very irregular, especially with the media publicity surrounding its submission."

Martinez pushed back on the focus on Barnes' identity. "In this case, there has been more interest in the identity of the complainant than determining the legitimacy of the concerns they brought forward," she said in the letter, according to the Union-Tribune. She argued the city had a duty to act regardless of whether the complainant chose to identify themselves.

At the Oct. 13 board meeting, Arabo said the city never contacted him after the DA's decision. He distributed a document titled "What the public should know" to fellow board members, The Coast News reported.

Board member Donna DeBerry said she could not understand why Del Mar officials continued attending board meetings to request housing cooperation without first apologizing. Board member Frederick Schenk said the city's actions could discourage appointed officials from serving, given the legal costs Arabo and his family incurred.

Board Chair Sam Nejabat said he wanted the council to attend the November fair board meeting and speak directly with board members in a public setting. The board also voted to direct staff to develop a policy allowing reimbursement of legal fees incurred by directors in connection with their board service.

The fair board voted in August to end negotiations with Del Mar over a proposed 61-unit affordable housing project on fairgrounds property. A November 2026 deadline had been set for the two sides to reach a lease agreement. The date of the next 22nd DAA board meeting, where Nejabat has asked the council to appear, has not been publicly announced.