Adversaries, some with rivaling views, have lined up to oppose
the intentions of a group alleging corruption on the part of
Supervisor Richard Scagliotti.
County officials Tuesday rejected a request for the Board of
Supervisors to consider revoking a vehicle maintenance contract
with San Benito Tire.
Adversaries, some with rivaling views, have lined up to oppose the intentions of a group alleging corruption on the part of Supervisor Richard Scagliotti.
County officials Tuesday rejected a request for the Board of Supervisors to consider revoking a vehicle maintenance contract with San Benito Tire.
Local repairman Don Kelley petitioned the agenda item and alleged Scagliotti’s political influence induced the county to hire the shop despite claims of faulty repairs.
Kelley is represented by Salinas lawyer Michael Pekin, who also represents Los Valientes, the anonymous group that commissioned a private investigation of Scagliotti.
“That really bothers me,” Kelley said Tuesday. “I’m a county resident and I have a concern. I figured it should be my right to come before the board and voice these concerns.”
The county will not allow the item on its Oct. 28 agenda because the allegations are already under consideration as part of litigation recently filed by Los Valientes, according to Nancy Miller, a lawyer hired by the county to handle the Los Valientes issue. Her Sacramento firm specializes in governmental law.
“In addition, we don’t allow lawyers, on behalf of clients, to dictate the Board of Supervisors’ agenda,” Miller said Tuesday.
While Los Valientes recently joined the lawsuit challenging the Growth Control Initiative’s placement on the March ballot, the case’s plaintiff and defendant both denounced the anonymous group’s efforts. Earthjustice, an environmental law firm, represents local resident Rebecca McGovern. Her lawsuit is challenging the legality of a signature campaign that placed the controversial measure on the ballot.
The Farmers and Citizens to Protect Our Agricultural Heritage, which organized that signature referendum and opposes the initiative, is defending the case.
Earthjustice, with its opponent’s endorsement, requested Monday that Los Valientes’ allegations be stricken from the case and dealt with separately. Both Earthjustice and the ‘Farmers and Citizens’ group believe the cases should be separated because Los Valientes’ allegations are unrelated to their suit, both sides said.
“Our sole concern is that Measure G (the Growth Control Initiative) appear on the ballot next March,” said Tom Tobias, Farm Bureau president and chairperson of the Farmers and Citizens group.
Furthermore, both the plaintiff and defendant lobbied, through court documents, for a denial of Pekin’s request to extend the court hearing from Oct. 29 to either Nov. 12 or Nov. 19. Pekin wants more time to research the case because he will be out of town until Oct. 27, he said.
No decision has been made by Superior Court Judge Steve Sanders whether the extension will be granted, nor whether Los Valientes’ opposition will be stricken from the suit.
“Just to have people jump in your suit is unusual,” said Marguerite Mary Leoni, the lawyer for the Farmers and Citizens group.
The McGovern suit, filed three weeks ago, claims the referendum of 5,344 signatures – which rescinded the Board’s initial approval of the initiative – omitted mandatory language. By discounting the referendum in court, the suit could lead to enactment of the initiative.
The Growth Control Initiative has caused dissension throughout the community for the past 10 months. It revises the county’s General Plan on several fronts; most significantly to the opposition, it would restrict many farmers’ abilities to subdivide large tracts of property.
Los Valientes has made its intentions clear to discredit Scagliotti and the Growth Control Initiative. The final case outlined in its investigation alleges Scagliotti and other Supervisors violated the state’s open meetings law – the Brown Act – by collaborating with initiative authors during its drafting.
The claim is that Supervisors held a “serial meeting” through a series of discussions. It is the basis of Los Valientes’ attempt to challenge the initiative.
“It is of no consequence that others in the lawsuit want to brush the open meetings aspect aside,” Pekin said. “I plan to stand my ground on the Brown Act.”
The investigation also includes the claim that San Benito Tire was unjustly awarded the most recent three-year county vehicle maintenance contract in August 2002.
Kelley, the owner of Autoworks, cited the investigation’s allegations in petitioning the Board. He believes San Benito Tire’s service on the county’s 155-vehicle fleet for a year, starting in September 2000, proved negligent; and that Scagliotti had a conflicting business relationship with San Benito Tire owner Bob Cain.
“Multiple ranking (Sheriff’s) officials were aware of the problem,” Kelley said.
Regarding the alleged conflict of interest, Scagliotti considered in 2002 constructing a new building to house San Benito Tire in the Albertson’s shopping center, according to project applications with the City of Hollister.
Scagliotti declined comment Tuesday on all matters dealing with the investigation, but he recently said he believes developers are behind the anonymous investigation and lawsuit.
Award Homes – developers of the proposed 677-home West of Fairview project – responded in a press statement Monday to speculation about their involvement:
“At no time has Award Homes, Inc. been involved in, nor does it condone, either the Los Valientes lawsuit or the investigation by (private investigator) David Henderson.”
Regardless of Los Valientes’ recent setbacks, Pekin still plans on getting the opportunity to oppose the McGovern suit. He has no “Plan B,” he said, beyond Judge Sanders’ upcoming rulings.
