DANA POINT : Activist Will Avoid Votes on Headlands

A local park district official who has spearheaded the grass-roots group Save the Headlands has been advised she has a potential conflict of interest on the Headlands development issue.

Toni I. Gallagher, a recently elected director of the Capistrano Bay Park and Recreation District, was informed by the California Fair Political Practices Commission that her ownership of a condominium on the Headlands prevents her from participating in any board decision on a development plan for the property.

Gallagher had requested a commission opinion on the conflict-of-interest matter.

The Dana Point City Council and the park board are considering an $800-million development plan for the 121-acre Headlands property.

A 400-room resort hotel and 521 homes have been proposed for the promontory, which overlooks Dana Point Harbor.

Gallagher’s condo is about 300 feet from the property.

Gallagher and the Save the Headlands group have lobbied the council for extensive open space from the development.

The commission’s letter tells Gallagher that she cannot use her park board position to influence the Dana Point council on the Headlands or vote on a park board recommendation to the council.

As a public official, Gallagher must disqualify herself from serving on any committee studying the Headlands that would make a decision affecting her financial interests, the letter states.

Gallagher, who ran for office last November on a platform that stressed protecting the Headlands from major development, said Thursday she was distressed over the commission’s advice but will abide by it.

“When I ran for office, my platform was to save the Headlands,” said Gallagher, who has lived on the Headlands for 14 years. “Now it looks like some boundary rule may restrict me. I am concerned that the people of Dana Point are not going to be served on the Headlands issue at the park board.”

The commission’s letter will not affect Gallagher’s efforts to participate in the Headlands issue as a private citizen, however.

Gallagher said she plans to continue her work with the Save the Headlands group.

Another park director, Lynn Muir, said it was ironic that Gallagher’s election to the board will hinder her efforts.

“Everything she does is directed toward the Headlands,” Muir said. “It’s interesting that she thought by getting on the park board she could make things happen there. Really what she did was make it so she cannot participate.”