Del Mar Civic Assn. Votes to Give Beach Strip to City

Del Mar Civic Assn. members voted overwhelmingly Tuesday night to give the sandy strip of beach they have tended for nearly 50 years to the city.

The 63-22 vote, taken during a meeting at St. Peter’s Episcopal Church, is being contested by two beachfront property owners whose court challenge was turned down last week. The property owners served notice on association officers Tuesday night that the court ruling was being appealed to the 4th District Court of Appeal.

Gordon Denyes, president of the civic association, said that the organization was formed in 1938 to take title to the strip of beach between the private beachfront lots and the high tide line, and to maintain it as a bathing beach for Del Mar residents and their guests. The strip extends from 18th Street north to 29th Street. The members also voted, 63-19, to disband the association.

Although the restriction limiting the beach usage to Del Mar residents and their guests has not been enforced, Denyes said, other restrictions on the use of the land have been followed. The deed under which the association acquired the land prohibited construction of any buildings or operation of any commercial ventures on it.

Denyes explained that the organization has been dormant in the past few years and paid membership had dwindled to 107. The $2-a-year membership fees did not yield enough money for the association to purchase liability insurance or to defend itself against any lawsuits arising because of disputes over the private use of the beach property by adjacent homeowners.

Six association directors who favored the giveaway signed a statement urging members to vote for it and to dissolve the nonprofit corporation.

“The association lacks staff and funds, so it cannot force removal of protective barriers and other encroachments which have put the association’s land to private use,” the proponents stated.

The City of Del Mar, in return for the gift of land, has agreed to protect the civic association from any claims against it and to defend the land from any lawsuits.

A seventh board member, Lawrence Fletcher, opposed transfer of the land to the city and dissolution of the association.

“While it may be true that some property owners adjacent to the Del Mar Civic Assn.’s lands have a valid and legally enforceable claim or easement to the use of the land, none of these owners have chosen to enforce this claim,” he said.

“In the event that the association’s lands were transferred to the city, these same people will still have the right to file their claim against the city. These same people, your neighbors, do not wish to have a confrontation, but only wish to protect their homes.”

In the suit filed against the city and the association, beach property owners Robert Wilson and Norman Elliott are seeking $500,000 in punitive damages from the six association directors who favor giving the property to the city and disbanding the group.