The 22nd District Agricultural Association board voted Tuesday, Oct. 13, to create a policy reimbursing directors for legal fees incurred through board service. Multiple board members also demanded an apology from the Del Mar City Council.
The vote came after the San Diego County District Attorney's Office rejected Del Mar's request to investigate 22nd DAA board member Mark Arabo and California Attorney General Rob Bonta, calling the city's referral "very irregular," as The Coast News first reported. As we reported Tuesday, the DA's Oct. 1 letter also said prosecutors could not confirm the identity of Debrah Barnes, the person whose complaint prompted the city's referral.
Board Chair Sam Nejabat opened the discussion by sharing the DA's letter and asking colleagues how the board should respond, The Coast News reported.
Arabo told the board he had heard nothing from Del Mar in the nearly two weeks since the DA notified both sides there would be no investigation. He shared a document titled "What the public should know" that highlighted the DA's findings, including that prosecutors found no evidence of criminal behavior.
"We did not deserve this, what the city of Del Mar did," Arabo told his colleagues.
Arabo also said Del Mar's original letter to the DA listed his family's home address, in what he called an apparent violation of state law. The city redacted the address only after his attorney demanded it, according to The Coast News.
Board member Frederick Schenk said the city's actions could discourage volunteer appointees on state boards from serving. Another board member questioned whether the threat of investigation could cause appointees to change their votes to avoid a similar situation.
Director Donna DeBerry said she could not understand why Del Mar's mayor and deputy mayor attended the Oct. 13 meeting and again asked the board to consider building affordable housing on fairgrounds land.
"I don't understand why the city of Del Mar continues to come here, with no apology," DeBerry said.
Vice Chair Lisa Barkett asked colleagues how the board could guarantee the city would act as a real partner going forward. Board member Phil Blair asked whether the board could send a letter requesting a retraction and apology. Josh Caplan, a deputy state attorney general who serves as the board's legal counsel, said such a move would require a public vote and advance public notice.
Caplan suggested the board could invite the City Council to a future meeting. Nejabat endorsed the idea, saying the council should attend the board's November meeting and speak directly with directors in a public setting.
During the next agenda item, DeBerry proposed the legal-fee reimbursement policy. Barkett warned that laws prohibit using taxpayer funds to directly benefit individuals and that reimbursing legal fees could invite additional litigation. DeBerry modified her motion to direct staff to establish a policy allowing legally permitted reimbursement of reasonable attorney fees related to good-faith actions taken as a director.
The board approved the modified motion.
The dispute traces to Aug. 3, when the Del Mar City Council voted 3-0 to ask the DA and the U.S. Attorney for the Southern District of California to investigate Arabo, Bonta and Brian Guiltinan. Guiltinan is an adviser and broker for the proposed Seaside Ridge housing project. The council based its complaint on a letter from Barnes, who cited real estate and campaign-contribution connections among the three. On Aug. 18, the 22nd DAA board voted 5-3 to terminate an affordable housing negotiating agreement with Del Mar, according to Voice of San Diego.
Del Mar City Manager Ashley Jones said via email, as reported by Voice of San Diego, that the city did not investigate the concerns or the individual before referring the matter to outside agencies.
The Coast News reported it has contacted the U.S. Attorney's Office for the Southern District of California but has not received a response. The board's next regular meeting is in November.
