Vacant Seat Spurs Council Talk
Audience backs election over appointment to replace DeVito
By Sondra Murphy
The question of how to fill the council seat to be vacated by Mayor Joe DeVito, effective Dec. 31, consumed much discussion during Tuesday’s meeting of the Ojai City Council. DeVito, who has served on the council for 23 years, announced his resignation Oct. 12 with about a year left of his term.
City manager Jere Kersnar and city attorney Monte Widders offered advice as to time line logistics and said the council has two choices in finding a replacement council member. The sitting council may either appoint someone to assume DeVito’s term, which would have expired December 2010, or the members could take the opening to a special election.
Kersnar submitted a recommendation based on Government Code 36512(b) that regulates council consideration for filling a council vacancy “… within 30 days from the commencement of the vacancy …” Much debate was heard as to the definition of “commencement,” which means the start or beginning of a phase or process. The term’s connection with graduation ceremonies served as the primary source of confusion.
Widders said the 30 days must begin prior to the date DeVito will leave office and continue 30 after that vacancy. This would make the consideration and replacement method time line from Dec. 1, 2009 to Jan. 30, 2010. Councilwoman Sue Horgan was concerned that making any kind of decision before DeVito actually left office might be problematic. “If we made a decision before Dec. 31, could that decision be challenged?” she asked Widders. “Wouldn’t we be safest to wait until January?”
Widders replied that as long as the time line window was followed, he believed it would be acceptable to begin discussions or even decide method in December, but said the council could wait until January if they wanted to.
If election is opted for, the time line would allow candidates to be placed on the June 2010 primary election ballot, which Kersnar estimated would cost about $6,000, a considerable savings compared to an independent ballot.
There was support by council members and public speakers to take the process to a special election to let the voters decide. “I’m not a fan of appointment,” said Councilwoman Betsy Clapp. “$6,000 is very little to pay for the citizens’ right to choose representation.”
Leonard Klaif addressed the council on the subject. “As you all are aware, I have a special interest in this item, having declared my candidacy for Mr. DeVito’s seat,” said Klaif, who ran for City Council in 2006 and was neck-and-neck with DeVito during tallying. The community had to wait until Dec. 4 to learn that DeVito edged out Klaif by 76 votes.
Klaif said he has been gathering signatures in support of his candidacy and found most people he spoke to favored a special election. “This is difficult because (council members) are not elected to choose the representatives. That’s the job of the public. So if you are going to take the public’s job to fill the seat, are you obligated to take more of the public’s opinion into account?” Pat McPherson, who has been assisting with the signature gathering, echoed Klaif’s comments.
Suza Francina voiced her support for Klaif because of his legal experience and consistent presence at council meetings. “Probably the only members of the public who have spent more time here is Mary DeVito … or Wendy Hilgers,” said Francina.
Councilwoman Carol Smith thought that six months with only four council members would be too long and wanted to round out the board as quickly as possible.
Mayor pro tem Steve Olsen reminded all that he was originally appointed to serve a six-month opening. That was in 1986 and Olsen went on to serve four terms before taking a break in 2002 and is now in the midst of another four-year term after being elected again in 2006.
Ojai Valley Chamber of Commerce CEO Scott Eicher requested that, if council decides to appoint DeVito’s replacement, they look for someone “who will act on the issue of improving the local economy. This means appointing someone with direct business experience and who supports promoting Ojai as a tourist destination.”
Kersnar said that, if the council opts to appoint DeVito’s successor, applications would then be accepted from interested city residents with a possible deadline of Dec. 31. If the council moves to hold a special election, Kersnar said they will have documentation on standby to expedite the process. “The other twist in all this is, even if they decide on the appointment method, they would need to make a decision by the end of January,” said Kersnar. “If they can’t decide on an appointment by that deadline, then they would have to call a special election.”
The council may determine which process they will use to fill the seat at the Dec. 8 meeting that begins at 7:30 p.m. in City Hall, 401 S. Ventura St.
Give it to me. We need representation.
President Calderon
29 Oct 09 at 4:58 pm
Lanny, what a good choice!! He knows a plethora of show tunes and looks buff in lederhosen….
Lil Eva
29 Oct 09 at 5:34 pm
I think Klaif would be an excellent choice. We also could have a special election for the position.
BornNaked
29 Oct 09 at 6:50 pm
remember he ran with Dennis Leary and Pete Lafollette in 2006?
yeah but
29 Oct 09 at 7:06 pm
Yes, that is what we need another Lawyer. Does anyone thinks that that is a good idea?
anonymous
30 Oct 09 at 7:42 am
I do!
Suza Francina
30 Oct 09 at 11:05 am
And there is the problem, an endorsement from Ms. Francina does not help Mr. Klaif.
anonymous
30 Oct 09 at 1:55 pm
Why don’t we elect or appoint a bear for city council…that way there would be a reason to keep talking about the bear that was removed in a safe and humane manner just one more time…we could make the Aliso Street bear honorary mayor of Ojai!
Jeff Spicoli
30 Oct 09 at 2:33 pm
I feel bad for suza because she is constantly villified by ONE person on this site, over and over and over again.
sympathetic soul
30 Oct 09 at 2:50 pm
When you find out who it is, SymSo, sit on him!!
Lil Eva
30 Oct 09 at 3:23 pm
I deserve it. This used to be Mexico.
Calderon
30 Oct 09 at 4:38 pm
A free open election is what we need. I see no problem with only 4 council members and waiting until the June election because we seldom have a need for a tier breaker vote.
Does anyone find it unusual that the OVN poll on this subject presents an option that the selection should go to the LAST ELECTION RUNNER UP when it’s known that is Suza who has endorsed Lenny? Or maybe they mean last election NEXT runner up in which case it was Rae Hanstead? Or maybe they really mean LAST ELECTION WHEN JOE RAN in which case Lenny was the runner up? This seems strange!
CitizenX
30 Oct 09 at 6:46 pm
Your rite sympathetic soul! If these people could have seen Susa trying t climb the tree in solidarity with Lil feather (name given t bear by Millienum Twain…). It brought tears to my eye.
Astro Boy
31 Oct 09 at 9:17 am
Wait for the election. With 4 members the vote will be 3 to 1 instead of 4 to 1. What everyone needs to do is get the City evaluations for City Manager and Mr. Widders in. Are you better off today with the current Manager and City Attorney and will you be better off in the future. Tell everyone to fill them out, tell the truth it will take care of itself.
Anonymous
31 Oct 09 at 10:09 am
who do we vote for to get our Vons remodeled??? Its a mess we need a new grocery store. How about someone actually getting something done that the community wants and needs?
anonymous
31 Oct 09 at 8:32 pm
Forget the bear. I was here before Vons. Vote for me.
Remember the Spanish Land Grants? Mexicans are the
future. Deal with it. Look at all the trailer parks and
the Ojai Valley Inn. Who does all the work here?
Calderon
1 Nov 09 at 9:40 am
Regarding the Vons remodel, that begins with the Planning Commission. Last summer, the commissioners rejected a remodel design permit review because it focused on interior changes without upgrading the exterior to the satisfaction of staff and the commissioners.
Parking and pedestrian and bike safety were the main features that the commissioners found wanting, but they also cited the store’s frontage, which was believed to hamper foot traffic while displaying merchandise in a way that violates city guidelines.
(An outdoor display ordinance was approved by planners in January and adopted by the council last spring after months of committee work by residents, business people and city staff. The ordinance was subject to much public input during those meetings.)
For more information, see the OVN July 3, 2009 report “‘Y’ plan denied — interior, exterior remodel design for shopping center gets heat from planners.”
Sondra Murphy
2 Nov 09 at 12:49 pm
Thanks, Sondra, good to be reminded of this.
I see the Von’s parking lot got a nice new asphalt face lift. Will check and see if there is any convenient and secure bicycle parking near the Von’s entrance yet.
Suza
2 Nov 09 at 10:27 pm
My vote is for Anon.5.
John Doe
3 Nov 09 at 12:08 pm
My vote is for Calderon. Viva Mexico!
payaso
3 Nov 09 at 3:33 pm
I think the people of Ojai want to see actual improvements, Vons, Sea fresh … too much bureacracy, not enough actual things that get done!!!improve the life of the people who live here. common sense folks thats what we need and real actual accomplishment of goals.
anonymous
4 Nov 09 at 2:32 pm
whatever the problem is figure it out and move ahead!!!
anonymous
4 Nov 09 at 2:32 pm
Do we really want the council to appoint someone who will then have an incumbents advantage come the next election? Err, no! Let’s have an election in June where the people get to decide. Democracy, right?! Now who could disagree with that?
Anon
4 Nov 09 at 11:13 pm