SAN JUAN CAPISTRANO : Attempt to Recall 2 City Officials Fails

A recall attempt against Mayor Kenneth E. Friess and City Councilman Gary L. Hausdorfer failed this week when organizers failed to submit enough signatures to force a recall election.

“It was more like a non-call,” Friess said. “If (recall organizers) had really, truly believed in what they were doing, they would have gotten out on the streets and gone through with it.”

The recall attempt was launched by local attorney Carlos F. Negrete and San Joaquin Hills tollway opponent Robert King. The two alleged that the council members had placed the city in a “fiscal crisis” and had pushed for the passage of the tollway against the will of city voters. But the recall attempt, which would have forced a special citywide election, died when Negrete and King did not produce a petition signed by 20% of the city’s voters by the 5 p.m. Thursday deadline.

Negrete has not conceded defeat, however.

“It’s not over, it’s merely dormant,” Negrete said Thursday. “It should not be any comfort to the councilmen we sought to be recalled. . . . We’ll probably refile.”

At the same time, Negrete claimed victory in another dispute with City Hall. City Manager Stephen B. Julian this week dropped his slander lawsuit against Negrete.

“We’re very pleased and overwhelmed,” Negrete said. “It was a frivolous lawsuit to begin with.”

Julian’s slander suit filed in August had asked for $50,000 in damages and an unspecified amount in punitive damages for statements Negrete made in public about Julian’s conduct. Those statements came last winter when Negrete and a group called the Committee to Restore Integrity in San Juan Capistrano lambasted the City Council’s employment contract and financial dealings with Julian.

In March, the committee sued the city government and several of its officials, alleging that some of the transactions with Julian misused public funds. A hearing on the lawsuit is set for Nov. 6.

Julian’s attorney, Henry S. David of Los Angeles, said Thursday that Julian had dropped his slander lawsuit but plans to refile it after the November hearing.

“We have reserved our right to pursue the claims against Mr. Negrete later . . . and we intend to do so,” David said.