ELECTIONS ’88 : Coast Fight Continues Despite Dana Vote

Armed with an overwhelming vote favoring cityhood, the Dana Point City Council-elect Wednesday began preparing for transformation into Orange County’s 28th city.

Proponents of another cityhood effort in inland Laguna Niguel called it a “questionable election” and Wednesday vowed to proceed with legal action to nullify the balloting and reclaim a coastal strip north of Dana Point for their own incorporation plan.

But Dana Point City Councilman-elect Mike Eggers said, “There is no way you can put a damper on an 80% positive, high voter turnout.”

Eggers was referring to the 58% turnout of voters in the south county communities of Dana Point, Capistrano Beach and the disputed coastal strip, who, by a margin of 79.3% to 20.7%, agreed to band together as one city called Dana Point.

Voters also chose five candidates, from among 23 running, to make up the city’s first council when Dana Point officially incorporates on Jan. 1, 1989.

The newly elected council members are: Judy Curreri, 45, a nurse from Dana Point; Bill Bamattre, 36, a Los Angeles fire captain from Dana Point; Eileen Krause, 44, owner of an air pollution control company from Laguna Niguel; Eggers, 40, a congressional aide from Dana Point, and Ingrid McGuire, 56, a South Coast Water District board member from Laguna Niguel.

But members of the Laguna Niguel Incorporation Task Force on Wednesday said the group would not drop a lawsuit filed earlier this year against the county’s Local Agency Formation Commission, which decides whether incorporation and annexation proposals will be placed on the ballot.

“It is particularly regrettable that residents in our community have participated in a questionable election which will be clouded by a subsequent review in court,” said Bruce Rasner, chairman of the task force, which has raised more than $75,000 for its legal fight.

“Residents of both (Dana Point and Laguna Niguel) have become victims of a suspect and divisive action by a non-elected body of five, LAFCO,” he said Wednesday.

The task force’s lawsuit stems from LAFCO’s action last year to call an advisory election among residents of the disputed 1.5-mile coastal area claimed by Laguna Niguel. In the Nov. 3 balloting, residents were asked whether they would prefer to incorporate with Dana Point or inland Laguna Niguel; 61% of the voters sided with Dana Point. LAFCO later voted to let the coastal area become part of the Dana Point cityhood plan.

However, inland Laguna Niguel residents have accused the commission of failing to consider the historical link of the coastal strip with inland Laguna Niguel. Further, task force members have accused LAFCO of violating state laws by not fully examining the financial impact of removing the coastal strip from Laguna Niguel’s incorporation plan.

The coastal strip--which includes the Ritz-Carlton Hotel--represents about $2.5 million in annual revenue.

But Dana Point City Council members-elect Eggers and Curreri, who were the chief petitioners of the Dana Point cityhood proposal, said Tuesday’s election results support what they have been telling LAFCO for three years: that residents favor cityhood.

“The people are not marginally supportive,” Curreri said. “The credibility of the work we’ve done on incorporation for three years was held up here.”

The other council members-elect are also confident that the vote will stand up in court.

“The vote definitely will have an impact on a judge who will review Laguna Niguel’s case; 79.3% is difficult to take a view against,” Councilwoman-elect McGuire said.

“It is going to help us in court,” Councilwoman-elect Krause said. The vote “is an absolute mandate.”

Despite the threat of continued legal wrangling, Dana Point council members-elect said Wednesday that they are more concerned with the immediate job of creating a new, 6-square-mile city of 25,000 residents.

The council has until Jan. 1 for preliminary organization and basic actions, such as hiring an interim city manager and other employees, and renting office space.

From Jan. 1, 1989, to June 30, 1989, the county will continue to provide municipal services while the city prepares to take over management. Dana Point intends to contract with the county to provide police and fire protection, as well as some other services, according to the city’s incorporation proposal.

The new city will be bounded by the Pacific Ocean, Camino del Avion in Laguna Niguel and the borders of San Juan Capistrano, Laguna Beach and San Clemente.

Curreri noted that Dana Point will be starting from scratch, unlike neighboring Mission Viejo, which already had a community services district that collected some of the taxes and provided some municipal services, such as street sweeping, before it became the county’s 27th city in the spring.

But the future city of Dana Point is projected to have an annual surplus of $3 million in its first year of operation, based on financial feasibility studies.

DANA POINT’S FIRST CITY COUNCIL

Bill Bamattre Occupation: Los Angeles Fire Department captain.

Age: 36.

Residence: 5 1/2-year Dana Point resident.

Judy Curreri Occupation: nurse.

Age: 45.

Residence: 13-year Dana Point resident.

Mike Eggers Occupation: Businessman and congressional aide to Rep. Ron Packard (R-Carlsbad).

Age: 40.

Residence: 16-year Dana Point resident.

Eileen Krause Occupation: Owner of an air pollution control company.

Age: 44.

Residence: 21-year Laguna Niguel resident.

Ingrid McGuire Occupation: Member of the board of directors of the South Coast Water District.

Age: 56.

Residence: Nine-year Laguna Niguel resident.