SPECIAL MEETING AGENDA
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING
MONDAY JULY 14, 2025 @ 5:00PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II) Zoom instructions and notes:
Web Link: https://us06web.zoom.us/j/86767504365
Meeting ID: 867 6750 4365
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2. Comments
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Marquette Hawkins
MAYOR
Michael Hurles
Ronald Smith
COUNCIL MEMBERS
Christopher Lopez
CITY MANAGER
1 Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00PM
CALL TO ORDER
ROLL CALL
Councilmembers: Hurles, Smith, Mayor Hawkins
APPROVAL OF AGENDA
PUBLIC COMMENT
Members of the public are welcome to address the City Council ONLY on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak
CLOSED SESSION
CS 1. Significant Exposure to Litigation Pursuant to Government Code Section 54956.9, Subdivision(d)(1) (One Matter)
REPORT OUT OF CLOSED SESSION
SPECIAL MEETING 5:00PM
CALL TO ORDER
ROLL CALL
Councilmembers: Hurles, Smith, Mayor Hawkins
NEW BUSINESS
NB 1 Staff Report: Victor M. Ponto- City Attorney
Subject: CONSIDER AND DISCUSS THE CITY COUNCIL'S OPTIONS FOR FILLING THE
CITY COUNCIL SEAT VACATED BY ELECTED MAYOR PRO TEM JESSE HIGHTOWER
AND ELECTED COUNCILMEMBER MICHAEL KULIKOFF AND TAKE ACTION
RELATED TO FILLING THE VACANCY UP TO AND INCLUDING APPOINTMENT OF
TWO NEW COUNCILMEMBERS TO THE CITY COUNCIL
2 Discussion: Consistent with Government Code section 36512, the City Council has sixty (60) days from the commencement of the vacancy, which occurred on July 8, 2025, to do the following:
1. Appoint someone to fill the vacancy; or
2. Call a special election.
ADJOURNMENT
AFFIDAVIT OF POSTING— July 12, 2025
I, Leanndrea Weible, Acting City Clerk for the City of California City, California, DO HEREBY CERTIFY that the foregoing notice was posted on all official City bulletin boards and the City’s website at least 24 hours prior to the meeting in compliance with the provisions of the Brown Act.
Leanndrea Weible
Leanndrea Weible, Acting City Clerk
3 COUNCIL AGENDA ITEM
July 14, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Victor M. Ponto, City Attorney
REVIEWED BY: Christopher Lopez, City Manager
SUBJECT: CONSIDER AND DISCUSS THE CITY COUNCIL'S OPTIONS FOR FILLING
THE CITY COUNCIL SEAT VACATED BY ELECTED MAYOR PRO TEM JESSE
HIGHTOWER AND ELECTED COUNCILMEMBER MICHAEL KULIKOFF AND TAKE
ACTION RELATED TO FILLING THE VACANCY UP TO AND INCLUDING
APPOINTMENT OF TWO NEW COUNCILMEMBERS TO THE CITY COUNCIL BACKGROUND: Councilmember Michael Kulikoff and Mayor Pro Tem Jesse Hightower were elected to serve a four (4) year term as City Councilmembers ("Councilmembers") in the November 2022 and 2024 general elections, respectively. At the July 8, 2025 Council Meeting, Councilmember Michael Kulikoff resigned, and on July 10, 2025 Mayor ProTem Jesse Hightower resigned. Due to the resignations, there are two vacancies on the City Council. Per the Government Code, the City Council must fill the vacancy either by appointment or by calling a special election by September 6, 2025.
RECOMMENDATION: Consider and discuss the City Council's options for filling the City Council seat vacated by elected Mayor Pro Tem Jesse Hightower and elected Councilmember Michael Kulikoff and take action relating to filling the vacancy.
LEGAL FRAMEWORK: California Government Code Section 36512 describes the actions to be taken in connection with a vacancy in an office. It states that if a vacancy occurs in an elective office the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, and the vacancy occurs within the first half of the term and at least 130 days prior to the next general election, the person shall hold office until the next general election, where the position will be up for election again and filled for the remainder of the term.
Therefore, the person appointed to fill Mayor Pro Tem Hightower’s seat will hold the office until the election in November 2028 and the person appointed to fill Councilmember Kulikoff’s seat, will hold the office until the election in November 2026.
If the City Council chooses to call a special election to fill the vacancy, it must do so within sixty (60) days of the vacancy, that is, no later than September 6, 2025. Additionally, "the special election shall be held on the next regularly established election date not less than 114 days from 4903-3092-5397 v2
4 the call of the special election.” In other words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held. Given the application of Government Code Section 36512 and related timing requirements, the special election would be held in April of 2026.
DISCUSSION:
Consistent with Government Code section 36512, the City Council has sixty (60) days from the commencement of the vacancy, which occurred on July 8, 2025, to do the following:
1. Appoint someone to fill the vacancy; or
2. Call a special election.
Until such time the vacancies are filled, the effect of the vacancy on the City Council is such that the City's legislative body will be reduced from a five-person body to a three-person body.
A. City Council Appointment
The City Council has discretion to determine the process by which to fill a vacant City Council seat by appointment. Some options may include the following:
1. City Council direct appointment;
2. Accepting nominations and appointing someone from that process; or
3. Initiating an open call for applications to all eligible persons within the City.
There are no statutory requirements that define a specific process for how the City Council may decide to appoint an individual to fill the vacancy. The City Council has discretion to determine how it would like to proceed with the appointment process, should it elect to follow that path to fill the vacancy. The City Council has the discretion to determine how the City accepts applications and whether a specific number of applications must be received.
The City Council may directly appoint an individual to the vacancy without accepting applications. However, it is common in such situations for a city council to notice the vacancy and solicit applications from interested parties. The city council then reviews the applications and selects an individual to fill the vacancy by majority vote. If the City Council elects to interview applicants, it must be done at a public meeting, although the meeting can be held at any time, subject to any applicable requirements under the Ralph M. Brown Act. Filling the City Council vacancy is not a permitted closed session discussion or decision. The City Council must appoint a person who is at least 18 years old, a registered voter, and a resident of the City. 5 Proposed Timeline for Appointment with Applications
In the event of a call for applications, the candidate must be appointed by September 6, 2025. In order to adhere to the timeline established in Government Code section 36512(b) for filling City Council vacancies, a proposed timeline and process for the appointment is outlined below:
July 15 – July 29 (4:30PM): Solicit applications from interested persons. (City Council to discuss and provide direction on how long the application period should be open. One or two weeks.)
(City Council to discuss and provide direction on whether to or when to interview the applicants -- Regular Meeting or Special Meeting.)
August 12: Regular City Council meeting to conduct interviews, review and discuss applicants and select and seat preferred candidate.
The proposed application form is attached to this agenda item. The application can be made available on the City's website as early as July 15, 2025, or the date the application period begins, as instructed by the City Council. Completed applications must be submitted to the City Clerk's Office no later than 4:30 PM on the deadline selected by the City Council.
B. Special Election
If the City Council chooses to call a special election to fill the vacancy, the cost estimate provided by the County of Kern is approximately $50,000.
Discussion and Direction
Staff recommends the City Council discuss, deliberate, and provide direction on the appointment process and timeline, or call for a special election.
Steps following Approval
If the City Council decides to hold a special election, staff will return to the City Council with a Resolution calling for a special election. Alternatively, if the City Council elects to fill the vacancy by appointment with an application process, the City Clerk will post the application on the City's website and will also issue a press release.
FISCAL IMPACT: Should the City Council elect to hold a special election, the estimated costs to the City would be approximately $50,000 based on the information received from the Kern County on April 3, 2025.
ATTACHMENTS:
Attachment 1 – Proposed Citizen Application for Appointment to City Council 6 Please Return To:
Leanndrea Weible, Acting CityClerk
21000 Hacienda Blvd. California
City, CA 93505
(760) 373-8661
[email protected]
FILING DEADLINE: Thursday. July 29. 2025 at 4:30 PM.
CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: ______________________________________________
HOME ADDRESS: _____________________________________
CONTACT INFORMATION:
Home Phone: _______________
Work: ___________________
Cell:___________________
Email: ________________________
Method of Contact Preferred: _____________________
LENGTH OF RESIDENCE:
at above address:_______ in California City ______ in Kern County:_________ OCCUPATION:
Occupation: __________________ Employer: _________________ Employer Address:____________________________________
EMPLOYMENT HIGHLIGHTS:
(Attach additional pages as necessary.)
7 EDUCATION (highest school year, degrees, etc.)
LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
PAST AND PRESENT COMMUNITY SERVICE:
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
(Attach additional pages as necessary.)
8 WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL?
WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY OF CALIFORNIA CITY AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED? Please list three (3) references with telephone numbers:
1. 2.
3. PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge and that I am a registered voter in California City, CA.
Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
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