Activist Jacqueline Inda and retired Judge Frank Ochoa are encouraging Westside residents to pack City Hall next week to pressure the Santa Barbara City Council into holding a special election.
Cathy Murillo will be sworn in as mayor at the meeting, leaving her current District 3 council spot open.
Although the City Council has already outlined a process to interview and appoint Murillo’s replacement, Inda and Ochoa want a special election instead.
“We’re kind of in this stuck place,” Inda told about 20 people who attended a meeting Wednesday inside a martial arts dojo on the Westside. “The Westside has never been paid attention to in the world of politics.”
Inda ran unsuccessfully for a seat on the Santa Barbara Council in November 2015. She was also one of the plaintiffs who backed a move from at-large to district elections earlier that same year.
The city and district election plaintiffs reached an out-of-court settlement to switch to district elections, but the settlement agreement never outlined a process for what happens when a council member from a district vacates a seat.
The existing Santa Barbara city charter calls for the council to fill a vacant seat through an appointment, but the charter was written at a time of at-large, not district elections.
The City Council on Dec. 5 outlined a process for the appointment: accept applications through Jan. 16, conduct interviews on Jan. 23, and appoint a new member on Jan. 30.
Inda and Ochoa are hoping that with two new members on the council beginning next week — Kristen Sneddon and Eric Friedman — the council will reverse course and vote to hold a special election on June 5, the date of the California primary, rather than follow through with the appointment process.
Only Murillo voted in favor of a special election on Dec. 5.
Inda and Ochoa attempted to answer questions, town hall-style, beating the drum that the Westside community needs a voice.
Ochoa, who himself was appointed to the judge’s seat by Gov. Jerry Brown decades ago, said incumbency is powerful and not to be taken lightly.
“Who is going to have the power to create incumbency on the Westside, the community or the City Council?” Ochoa asked the crowd.
Inda said the Westside could show strength in numbers by packing City Hall on Jan. 9.
She also noted that the number of people in the room that day won’t be representative of everyone who might want a special election because “most of us have to work and hustle in a day-to-day environment.”
If Westside residents pack the council chamber, they could disrupt the mood of what is typically a festive environment.
Historically, the first council meeting after an election is ceremonial. People often praise the outgoing council members and those being sworn in.
Council members who are departing usually give a final speech to talk about their experience and thank members of the community.
After public comment, the council usually takes a short recess before discussing usually non-controversial items.
“What’s going to make the difference is the number of Westside residents there on the 9th,” Ochoa said.
Although the settlement doesn’t address the issue of vacancy, Ochoa asserted in a letter to the council that the 2015 district election settlement states that “City Council members are required to be residents of their respective electoral districts and to be nominated and elected by the residents of their respective electoral districts.”
Ochoa said there is no provision in the terms of the final judgment that allows for, authorizes, or countenances any form of appointment process for any vacancy on council.
“Filling this important vacancy by council appointment rather than a special election is inconsistent with the terms of the judgment . . .” Ochoa wrote.
The letter also states that city staff gave the council inaccurate information about the cost of the election, asserting that the real cost would be $30,000 if it is combined with the June 5 statewide primary rather than $300,000 estimated by city officials for stand-alone balloting.
Not holding a special election, Ochoa wrote, could expose the city to the possibility of litigation.
— Noozhawk staff writer Joshua Molina can be reached at jmolina@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.