City Sets Deadline for Herzog Replacement

By Martin Henderson

The four remaining members of the City Council of Lake Forest met in a special meeting Tuesday to hash out the process they will use to determine Peter Herzog's replacement.

Herzog resigned Oct. 15, essentially saying he was wasting his breath on a council that he called an "embarrassment" for cronyism and the decisions it had made. 

Residue of that attitude remained, particularly from longtime council member Kathryn McCullough, who strongly stated that if a candidate didn't have a thorough resume and could hit the ground running that they shouldn't waste their time applying for the position. Like Herzog, she was disappointed with the council's recent appointment of Jolene Fuentes to the planning commission, saying it did not choose the most qualified applicant.

"I'm concerned about the methodology," McCullough said, adding that she worried about cronyism and nepotism and breadth of information on the application. "I want it so transparent if they have a pimple it will be in their paperwork. ... We are literally doing what our citizens normally do. ... If you don't know your city and have a passion for it, please don't apply. I'm not going to be easy."

She further indicated she didn't want someone who would be learning on the job. In the past, she has spoken glowingly of former councilwoman Marcia Rudolph, who was in attendance and finished fifth in the most recent election.

The council voted 4-0 to appoint a replacement for Herzog, but must do so by Dec. 14. If it is unable to reach a decision by that time, the decision would be left to the voters in a special election in April. An appointee will need to get three votes to take a seat on the council dais. 

The other option was to hold a special election without trying to appoint the position, and a third option was to appoint a temporary replacement until a special election, but that would have required unanimous approval. 

City staff reported the cost of a special election would be in the neighborhood of $166,000 to $188,000, depending on the number of voters, according to the Orange County Registrar of Voters. All council members thought the cost was prohibitive, though McCullough made a point of saying she preferred a vote of the people. 

At least one council member was ready to vote on Tuesday, or at least try to get his colleagues to consider what he thought was an obvious option. 

Adam Nick, who has been Herzog's most vocal rival and critic on the council, said the appointment should represent the will of the people directly.

"We have those results," Nick said. "Let's make this a very objective process. While not everybody may be happy, everybody should be content that it is what it is, the people have spoken."

Nick was cut off and told Council's only role Tuesday was to determine the process of the appointment. 

Afterward, Nick said the election of 2010—in which Herzog was most recently elected—should be considered as the basis for his replacement. He said he will vote for Jim Gardner, who was the next-highest vote-getter among those unelected in 2010. 

Whether Nick can sway two of his colleagues to make that same consideration, thereby getting a three-person majority, remains to be seen.

Gardner said Tuesday night he would apply for the position. 

Gardner, who blogs regularly on Patch, has been occasionally critical of Nick, Dwight Robinson and Mayor Scott Voigts, and he led a referendum effort to overturn their approval of projects by developers Brookfield and Trumark in the Foothill Ranch Auto Centre, which was recently rezoned from commercial to residential. 

The council members will have until midweek to present questions and determinations of what information they want from potential candidates as the City refines the application process. They seemed to be in general agreement they wanted as much information as possible.

At the regularly scheduled meeting of Nov. 5, council will give its final approval of the application packet, with the opening likely the next day. The appointee will serve until November, and if the appointee chooses to continue in the role of council member, would have to win election by the people at that time. 

City Manager Robert Dunek said anyone interested in the position should get their resumé together immediately and be prepared to file a statement of economic interest.