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219 Mr. Pico also agreed and added that there was an easy way to do so and that was to combine the Kottinger Hills referendum and the City Council special election in March 1993. It was his understanding that Council did not have to make this decision this evening. It needed to be decided within the next 30 days. If the decision is made at a subsequent Council meeting, the election for this vacancy would occur in June. He asked if this was correct. Ms. Acosta answered yes. Ms. Mohr asked if the Council grid-locked tonight on the March election, and there is every indication that it would grid-lock at the December 15 City Council meeting, would there only be two weeks to make the appointment? Mr. Roush answered yes. The Government Code indicates that within 30 days from the date of the vacancy the Council shall either call for a special election or appoint to fill the term. Mr. Pico asked, if Council did not make an appointment within the 30 days would it become automatic that the special election be held at the next regularly scheduled election. Mr. Roush answered no. He explained that nothing would happen until Council took action or someone got a writ of mandate Council to act. Mayor Tarver asked if a vote was taken on this item and it failed, would there be a possibility of readdressing this item when discussing item 12c. Mr. Pico asked if the deadline for Council making this decision was December 4, 1992. He also asked if Council could call a special meeting between this evening and December 4 if it so desired to make a decision. Ms. Mohr reiterated her concern with filling the vacancy as soon as possible. If it cannot be done by an election in March then she strongly suggested that the City advertise for applicants for an appointment. Ms. Scribner agreed with Ms. Mohr's comments. Mr. Roush stated that if there was a tie vote on this item Council could revisit the matter to break the dead-lock. 12/1/92 17