DANA POINT : Land Swap OKd on Conflict Ruling

By LEN HALL

May 8, 1993 12 AM PT

Park district directors voted this week to approve an unusual $750,000 land swap after the state ruled that there was no conflict of interest involved in the deal.

The directors of the Capistrano Bay Park and Recreation District voted 3 to 1 Thursday to approve the deal that exchanges a small parcel of land in Heritage Park for a much larger piece of property at the intersection of Street of the Violet Lantern and La Cresta Drive.

Director Toni Gallagher cast the dissenting vote, and Director Lynn J. Muir, who was accused by his colleagues of possible conflict of interest, was on vacation and did not attend the meeting.

The land swap was prompted by Florida businessman Alan Squiteri, who wants to put a swimming pool in the back yard of his vacation home that is next to Heritage Park. Squiteri asked the park board to agree to sell him less than one-tenth acre in Heritage Park in exchange for a quarter-acre parcel in the Lantern Village neighborhood, which he will buy and donate to the district.

But the deal, which had been approved by the board unanimously last January, was stalled when it was learned that Muir, an architect, later accepted a job from Squiteri to supervise the pool project. Directors Gallagher and Robert Wilberg called Muir’s employment a possible conflict of interest. However, the board deadlocked 2 to 2 April 30 on whether to launch an investigation.

A three-page letter from the state Fair Political Practices Commission arrived at the district Wednesday, stating that Muir did nothing wrong.

“From the facts you have provided, Director Muir was not promised income until well after the decision on the exchange of property occurred,” wrote Scott Hallabrin, an assistant general counsel for the FPPC.

“I feel totally comfortable with the deal now,” Wilberg said. “I know it’s a good deal for the city. We are getting more land than we are giving up.”

Although he denied any wrongdoing, Muir agreed to donate the $3,500 he will be paid for the project to the park district.