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next regular election at which date a person shall be elected to serve for the remainder of such unexpired term.' Accordingly, the primary charge to the Council in the event of a vacancy is to fill that vacancy by appointment. But if you fail to do so within 60 days then an election shall be held." Council Member Claire asked City Attorney Schricker, "Under the Government Code can the City of Redwood City hold a special election? For instance the way the Charter reads, if we can't make up our minds within 60 days then we must immediately cause an election. It sounds as if what the Charter is saying is that we can cause the election and not have to worry about the State of California causing the election. Is that legal under current state law?" City Attorney Schricker responded that the Council could not set a date other than what the State law provides. He confirmed Council Member Claire's comments that new State laws prohibit using any other date than what is established in the Election Code. Council Member Hartnett asked, "If the 60-day period did elapse, and we determined that we would have an election... that election would then be in November (1998), as the next established election date under state law, is that correct?" City Attorney Schricker answered, "That's correct." Council Member Hartnett asked, "If we were to appoint a replacement tonight for the vacant seat, it is my understanding, that seat, whether the person chose to run for it, would be up for election at the next regular election, which would be based upon the Election Code and the notice requirements, would also be November of this year, is that correct?" City Attorney Schricker answered, "That's right." Council Member Hartnett said, "Then whoever might get elected in November (1998) would serve the remaining unexpired period of the term which would simply be one more year, and the seat would again be up for election in November of next year?" City Attorney Schricker answered, "That is correct." MEMO 2/10/98 Council Member Leipzig said the process as described would probably "weed out the pool of applicants. They'll be running for office for the next couple of years." He expressed his concern that tonight's agenda listed possible Council approval of 'procedures, actions and appointment by motion,' when the Minutes of the February 2, 1998 quote Council Member Hartnett as asking for this item to be put on the February 9, 1998 agenda for discussion. He said if the Council and members of the public "did not want us to make a decision or an appointment (tonight), I think we have to wait and make a decision... and notify the public. I think it is very, very unfair for us to move forward so REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 FEBRUARY 9,1998 MINUTES Page No. 254 PAGE 12