Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
August 3, 2026 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
1 Leslie Carrillo
From: Mark Arabo <[email protected]>
Sent: Friday, July 31, 2026 9:25 PM
To: Ashley Jones; City Clerk Mail Box; Chris Cameron, City Attorney; Ralph Hicks; Hershy Silver; Mark Arabo (Sdfair)
Subject: Request to Include This Response in the Official Record – August 3, 2026 Special Meeting
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Mayor Martinez, Members of the Del Mar City Council, City Attorney, Outside Counsel, and City Clerk:
I respectfully request that this response be provided to each member of the City Council, the Mayor and the public before any action is taken on Agenda Item 1, that it be considered by the Council before any vote, and that it be included in its entirety in the official record. If the City elects to refer this matter to the San Diego County District Attorney or the United States Attorney, I respectfully request that this response accompany any referral in its entirety.
The agenda materials present a narrative that asks the reader to draw conclusions from unrelated lawful events. Before taking the extraordinary step of referring a Governor-appointed public official to criminal authorities, I respectfully ask the Council to consider the complete factual record.
For the record, the following facts are true:
1. My residential real estate transaction had nothing to do with Seaside Ridge.
Brian Guiltinan represented me in one residential real estate transaction after identifying a property that he believed would be of interest to me. That was the only real estate transaction I have ever had with him.
At the time of that transaction, I was not aware that Mr. Guiltinan had any ownership interest in, affiliation with, advocacy role concerning, or any other connection whatsoever to Seaside Ridge. I had no knowledge that he was involved with Seaside Ridge in any capacity.
There would have been no reason for me to know of any such connection. Mr. Guiltinan never appeared before the 22nd District Agricultural Association Board to advocate for Seaside Ridge, and I was never informed by Mr. Guiltinan or anyone else that he had any involvement with that project.
Accordingly, my real estate transaction was entirely independent of Seaside Ridge and had no connection, directly or indirectly, to any action, question, comment, or position I later took as a Governor-appointed member of the 22nd District Agricultural Association Board.
August 3, 2026 Item 1
2 2. I had no private communications regarding Seaside Ridge.
I had no communications regarding Seaside Ridge outside of publicly noticed meetings of the 22nd District Agricultural Association Board.
I never privately met with anyone regarding Seaside Ridge.
I never discussed Seaside Ridge with Brian Guiltinan.
I never discussed Seaside Ridge with any developer, property owner, representative, consultant, or advocate associated with Seaside Ridge.
No one ever asked me to support or oppose Seaside Ridge.
No one ever attempted to influence my judgment concerning Seaside Ridge or any matter before the Board.
3. I never discussed Seaside Ridge with Attorney General Rob Bonta.
I have never discussed Seaside Ridge with Attorney General Rob Bonta.
I have never discussed Seaside Ridge with anyone in the Attorney General’s Office.
I never requested, encouraged, suggested, or coordinated any action by Attorney General Rob Bonta or his office regarding Seaside Ridge.
4. I have no financial or business interest in Seaside Ridge.
I have never owned an interest in Seaside Ridge.
I have never invested in Seaside Ridge.
I have never received compensation, gifts, favors, promises, or anything of value from Seaside Ridge, its owners, developers, representatives, or advocates.
I have no business relationship with any developer or person associated with Seaside Ridge.
I have no personal, financial, or business interest in whether Seaside Ridge is approved or denied.
5. My actions have been guided by my fiduciary duty to the State of California and the Del Mar Fairgrounds.
As a Governor-appointed member of the 22nd District Agricultural Association Board, I strongly support the development of affordable housing at the Del Mar Fairgrounds and throughout California, regardless of who the developer may be.
My position has never been based on a particular developer, project sponsor, or outside interest.
August 3, 2026 Item 1
3 My responsibility as a Board Member is to ensure that any proposal involving state-owned property is carefully evaluated to determine whether it serves the long-term interests of the Fairgrounds and the people of California. If I believe a proposal—regardless of who proposes it—could materially affect the Fairgrounds’ long-term operations, financial stability, public mission, surrounding community, or ability to fulfill its statutory responsibilities, then I have both the right and the fiduciary obligation to ask questions, evaluate alternatives, and exercise my independent judgment.
That is exactly what I did.
My questions and comments were based solely upon my responsibilities as a Governor-appointed fiduciary. They were never motivated by any private relationship, financial interest, business opportunity, or outside influence.
Whether Seaside Ridge is ultimately approved or denied has never been my concern because I have no personal, financial, or business interest in that project. My concern has always been protecting the Del Mar Fairgrounds and ensuring that decisions involving state property are made in the best interests of the people of California.
6. Every action I took occurred publicly.
Every question I asked occurred publicly.
Every comment I made occurred publicly.
Every vote I cast occurred publicly.
Nothing was hidden.
Nothing occurred behind closed doors.
Nothing was coordinated with outside interests.
The public record speaks for itself.
The agenda materials identify no communication, no agreement, no payment, no financial interest, no request, no promise, no coordination, and no benefit connecting my official actions to Seaside Ridge.
Reasonable people may disagree over public policy. That is not misconduct. Public officials have a duty to ask difficult questions, evaluate alternatives, and exercise independent judgment. Those responsibilities should not be transformed into an inference of wrongdoing without evidence.
I remain willing to cooperate fully with any fair and impartial review of the facts. I am confident that such a review will confirm that I acted independently, transparently, lawfully, and solely in furtherance of my fiduciary responsibilities as a Governor-appointed member of the 22nd District Agricultural Association Board.
I respectfully request that this response accompany any referral so that any reviewing agency receives a complete and accurate factual record.
August 3, 2026 Item 1
4 Finally, I expressly reserve all rights and remedies available to me under California law. Nothing in this correspondence shall be construed as a waiver of any such rights or remedies.
Respectfully,
Mark Arabo
Governor-Appointed Member
22nd District Agricultural Association
(Submitted in my individual capacity.)
MA
August 3, 2026 Item 1
1 Leslie Carrillo
From: Brooke Miller <[email protected]>
Sent: Monday, August 3, 2026 11:49 AM
To: City Clerk Mail Box
Cc: carol lazier; [email protected]
Subject: Red Dot- Item 1 August 3 Del Mar City Council meeting Attachments: Red Dot Comments Aug 3 2026 item 1.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
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Please see attached Red Dot comment letter relating to Item 1 on this afternoon’s City of Del Mar City Council Agenda submitted on behalf of Carol Lazier.
Brooke Miller
Partner
501 West Broadway, 18th Floor
San Diego, CA 92101
Direct +1.619.338.6530 | Office +1.619.338.6500
[email protected] | Bio | LinkedIn | sheppard.com
Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
August 3, 2026 Item 1
Sheppard, Mullin, Richter & Hampton LLP
501 West Broadway, 18th Floor
San Diego, CA 92101
T: +1.619.338.6500 | F: +1.619.234.3815 sheppard.com
August 3, 2026 +1.619.338.6530
[email protected]
File Number: 47WF-387822
VIA E-MAIL TO: [email protected]
Mayor Martinez and Members of the City Council
via City Clerk
City of Del Mar
1050 Camino del Mar
Del Mar, California 92014
Re: Red Dot Communication
Special Meeting of August 3, 2026, Agenda Item 1: Consideration of Investigative Referral Concerning Elected and Appointed Officials.
Dear Mayor Martinez and Members of the City Council:
This correspondence comments on behalf of Carol Lazier and the Seaside Ridge development project on the City Council’s special meeting of August 3, 2026, agenda item 1. The Seaside Ridge project is a 259-unit multifamily housing development project with 85 affordable units. The Attorney General and Ms. Lazier assert that the Builder’s Remedy applies to the project and that the City has violated State housing reform laws on multiple occasions in its various bad faith attempts to stop the project from proceeding. As the City notes, this matter is in active litigation, and the City faces liability for a minimum of $2.59 million in State penalties in addition to attorneys’ fees and costs.
The City’s apparent attempt to improperly use its official authority to threaten the project and State officials based on misconstrued, incomplete and unsubstantiated assertions is nothing less than outrageous. Setting aside the question of whether any of the City’s assertions are even true, many individuals in the City of Del Mar support and have relationships with public officials and other civic leaders, including City officials; the City’s narrative seems to imply that simply having relationships or communicating with public officials is somehow suspicious. Like City officials, individuals including applicants for development projects have constitutionally protected rights to petition local and State officials including the City Council, 22nd District Agricultural Association and Attorney General, and to contribute to political campaigns. The Attorney General has express statutory authority to enforce housing reform laws against violators including the City of Del Mar.
Actions pursuant to this statutory authority in no way reflect improper influence.
Moreover, the City Attorney does not need City Council authorization to either investigate, pursuant to the City’s own enforcement authority, or to refer legitimate complaints to law enforcement. The act of elevating a citizen complaint to a special City Council meeting on 24 hours’ notice, threatening criminal investigation and publishing a City Attorney response adding August 3, 2026 Item 1
Mayor Martinez and Members of the City Council
August 3, 2026
additional assertions—all at the expense of Del Mar taxpayers—is unprecedented and further demonstrates the City’s willingness to stop at nothing to prevent housing from being constructed in the City of Del Mar, including threats clearly intended to chill public participation in furtherance of constitutionally protected rights of free speech and petition in connection with a public issue. It appears evident the City’s main interest is not compliance with the law but in attacking the reputation of individuals and public officials seeking to enforce the City’s obligations to comply with State housing laws. We are truly disappointed to see public resources misused in this way in an attempt to prevent legally-mandated housing.
We request the City cancel this meeting and retract its improper assertions immediately. We further request the City publicly disclose all records of communications in any form, including on their personal devices, between City officials and State officials, including but not limited to the Office of the Attorney General and 22nd District Agricultural Association board members, relating to the Seaside Ridge project, and all records of political campaign contributions made by City officials, including each Council Member, for the time period since submittal of the Seaside Ridge project application in October 2022. We make this request pursuant to the California Public Records Act, Government Code section 7921 et seq., and California Fair Political Practices Act, Government Code section 87000 et seq. Please respond within 10 days as required by law.
While this firm does not represent all individuals referenced in the City’s agenda materials, we expect that those individuals will protect their respective rights as they deem appropriate should the City proceed with this misguided action.
Sincerely,
Brooke Miller
for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:4912-5333-1907.2
cc: Carol Lazier
Attorney General Rob Bonta
August 3, 2026 Item 1