GILROY
– California’s Fair Political Practices Commission has ruled
Gilroy’s mayor, who also sits on Bonfante Gardens’ board of
directors, is not violating state law when – from his City Council
seat – he votes on issues involving the park.
GILROY – California’s Fair Political Practices Commission has ruled Gilroy’s mayor, who also sits on Bonfante Gardens’ board of directors, is not violating state law when – from his City Council seat – he votes on issues involving the park.
The state says since Mayor Al Pinheiro does not have any financial link to the horticulture-based theme park, he has the right to make decisions for both boards.
Nonetheless, Pinheiro said he is “still considering” recusing himself from future park-related votes. Although he has no financial interest in the park, he acknowledged there is an emotional connection to both city and park that in some instances could be breached.
“Sometimes what’s right for the city is not what’s right for the park,” Pinheiro said.
But in those cases, Pinheiro steadfastly claims he would always vote in a manner that is best for the city, not the park.
“As mayor, I was elected to represent the city. (As a Bonfante Gardens director) I was appointed to represent the city on the park’s board,” Pinheiro said.
Pinheiro said his track record proves he always has had in mind what’s best for the city.
Pinheiro claimed he often speaks up at Bonfante Gardens board meetings to make sure the city’s interests are heard. He also spearheaded the effort to put an active City Council member on the theme park’s board of directors.
Pinheiro said he wants to vote on Bonfante Gardens issues partly because he doesn’t want to set “a bad precedent” for other City Council members. Many members of the Council have been appointed to boards as part of their City Council duties.
For instance, Pinheiro sits on the board of the Gilroy Economic Development Corporation. Councilman Bob Dillon sits on the Joint Powers Authority of the library system.
Pinheiro’s argument goes like this: If he steps down from voting on a Bonfante Gardens’ issue, then maybe he also should step down from voting on a matter related to the Gilroy Economic Development Corporation. And, maybe Dillon should recuse himself from voting on issues related to the library.
“Today it’s me stepping down, tomorrow it’s someone else,” Pinheiro said. “When is this going to stop?”
A spotlight had been placed on Pinheiro’s dual role ever since Bonfante Gardens pushed forward with plans to sell 33 acres of the park to Shapell Industries, the developer of Eagle Ridge.
In March, City Council told park officials they would transfer from the park to Shapell the right to build up to 99 homes on the parcel. The real estate deal, which still needs approval from Eagle Ridge homeowners, represents a cash cow for Bonfante Gardens as it strives to pay down $70 million of debt.
If Eagle Ridge homeowners OK the land deal, the park still must clear several land use and planning hurdles with City Council, all of which could be voted on by Pinheiro.
The Eagle Ridge matter inspired a number of editorials and letters to the editor in The Dispatch.
“When money and a significant change in the awarding of housing permits are involved, the mayor should understand that he cannot serve two masters,” The Dispatch editorial board stated in a February editorial. “His job is to do what’s best for Gilroy. In that capacity he must avoid even the appearance of impropriety.”
