Embroiled RSM City Councilman Attacks Private Citizen On Facebook

RSM City councilman Tony Beall (TB), who is currently facing a recall and FPPC complaint decided to take to Facebook yesterday and attack this humble citizen writer with scurrilous lies, and of course no supporting evidence as usual. It was just a month ago that I spoke at the city council meeting and mentioned how afraid people are of the city council. Just two weeks later TB misrepresented me from the dais and found it necessary to comment that I had run for council twice and lost (at least I tried to do something I believed in). You’d think the city council would want to engage with me to get to the bottom of the issues I presented instead of ignoring me and then attacking me, first from the dais and then on Facebook.

TB put out a lot of, shall we say, incorrect statements and representations about me from that meeting, but last night he went off the deep end and published a long missive on Facebook where he is attacking me personally and doing it in his role as a city councilman, and puts out a call to action to the residents of this city against me as an individual. He then also blocked me and other residents on Facebook, which he is not allowed to do per recent federal precedent and city policy. Since he uses his personal page to relate city business and communicate with individuals on city matters, it would seem he loses the protection of personal pages.

What follows is my break down of each of TB’s assertions with facts and I welcome having TB provide facts to support his allegations. Many of my issues with TB have to do with his support of the TCA and the fact that he is compensated by the TCA. Remember as you read this, a sitting city councilman is using his social media account that he uses for city business and has many friends in the city, to broadcast a call to action against a private individual. Before you ask, yes, I’m talking with legal counsel about it right now and I immediately sent it to the City Manager, the City Clerk and the Mayor. I will include screenshots of the original at the end.

"ATTENTION RSM RESIDENTS (ESPECIALLY DOVE CANYON RESIDENTS):
I’m proud to serve on your RSM City Council – I have served as your Mayor five times. Over the past 15 years, there is no person in this City that has fought harder to protect, preserve and enhance our master planned community than I have."

I think some of your fellow council people would take umbrage at those statements. I’d sure like to see a list of his actual accomplishments and signature issues, the crime numbers have nothing to do with him, we are required to have minimum levels of law enforcement and he has voted against increasing that. The budget surplus was due to the four car dealerships, since we’ve been down to three, that surplus is slowing waning. Or maybe it is the multi-million dollar Chiquita Ridge boondoggle he is talking about, or perhaps a ribbon cutting.

"SHAWN GORDON – a two-time failed candidate for RSM City Council, who has now anointed himself the “RSM Government Watchdog,” is working with a small group of individuals (including many from outside RSM) to sow the seeds of dissension and division into our planned community. "

For some reason TB thinks pointing out that I have run for council twice unsuccessfully is a valid argument for something, maybe if I’d had over $20,000 to spend like his hand picked candidate then it would have gone differently. I’d spent years trying to get the city to consider various things like a 311 system, youth employment job fair, systems for residents to get ideas considered, and nothing ever happened, which is what spurred me to run both times. The rest of it is just an utter fabrication, who are these individuals both inside and outside of RSM? If it is a small group then how are “many from outside RSM”? I spend a significant amount of personal time doing a morning program Good Morning Rancho that highlights small business in town and causes. I do it because I love the town and I’m trying to grow business here. I spend a lot of time doing research on agreements and connections on things going on in the city and bring that information to the public and I do it as a public service. Even members of our own council were unaware that new development has a TCA “Developement Fee” associated with it, that’s despite having been on the council for years, with TB going to monthly TCA meetings for years and reporting back on them to the council for years. This simple fact had somehow not been relayed. If the truth causes dissension and division, then that is a sad commentary.

"For many weeks now, Mr. Gordon has repeatedly attacked and harassed the majority of your City Council members, our City Manager, City Clerk and other staff members – even our family members."

Where is proof of this? I made a complaint to city council and followed it up via email and supporting facts. I was careful not to name names in public out of courtesy to the council. Not a single one responded to the supporting facts I provided. If filing Public Records requests is considered harassment, then I don’t know what to say. The City Manager has steadfastly refused to respond to any email I’ve sent in 2 months and these are under her purview and are in no way harassing. The only “family member” would be TB’s wife Jennifer, who is an elected public official who is also currently under an FPPC investigation. The recent issues started when I received a threat on social media from the spouse of one of the city council people (note I’m still not naming them in public), which required that I consult with law enforcement on how best to handle it.

"Now, in a transparent effort to further his own selfish political agenda, he is attempting to launch a recall campaign to remove me from your City Council – and he is doing so by making slanderous, bold-faced lies about me and our great city…and by trying to deceive you."

What political agenda? I have no plans to run for office and I’m actually not able, even if I wanted to because of a non-partisan commission I’m involved with. The recall? I didn’t have anything to do with it (I’m supporting it now), no matter how many times TB and councilwoman Carol Gamble repeat it, I’m not behind it. It wasn’t my idea, I didn’t write it, I didn’t sign it (well, I signed the new copy two days ago, but not the first one), I didn’t get signatures for it and I didn’t submit it, so what kind of paranoid fantasy has TB been trying to affix me to? Slanderous statements? Prove it, you're a lawyer, show me the things that I’ve put out there and asserted as facts that are wrong. I’ll correct anything that is wrong and issue an apology, unlike you when you are caught and you go on the attack.

"PROPOSED RE-ZONING OF DOVE CANYON SHOPPING CENTER.
Mr. Gordon claims that I support high density residential development at the Dove Canyon Plaza Shopping Center.
That is FALSE.
I have never made such a statement – never!"

This is a false statement on TB’s part, and also nuanced. First the nuanced part, making the statement supporting it and supporting the idea of it are two different things. Next, I’ve never said he supported high-density residential development, and I welcome him providing facts that I have. The closest I came was in a May 21, 2019 article where I said the following and was true at the time:

• Councilman Bealls day job as a real estate attorney is for a firm that engages in the exact kind of actions that led to the ownership change and current efforts going on at Dove Canyon Plaza. When I asked about potential conflicts of interest and if his firm was involved, I was told there were no issues.
• It only takes 3 votes to kill or approve a rezone. Currently the words and actions from three of our city council people, Beall, Figueroa and Gamble, all seem to indicate that they would vote for a rezone from commercial to residential.

"For the record: I am opposed to any zone change or general plan amendment that would result in the construction of high density residential housing at the Dove Canyon Plaza or anywhere in the Plano Trabuco/Dove Canyon Drive corridor area. "

Note the use of “high density”, that is a nuanced response, and this is a typical strategy that TB employs. So is he in support of low density? What does TB feel is "high density"? Is it 125 homes or is it 5 homes? Does that mean he is for a rezone to housing as long as it isn't what he feels to be high density? This is a classic TB statement. He is attempting to give a false impression.

"I’m primarily opposed because I believe this particular area of our City (where Plano Trabuco and Dove Canyon Drive converge) already suffers from significant ingress/egress, parking and circulation challenges (e.g. the Dove Canyon community, Coto de Caza community, RSM Catholic High School, Rancho Cielo community, and the Dove Canyon Plaza all converge and connect in this concentrated area). I am also deeply concerned about the negative impact such a zone change would have upon our business community."

For years now TB has said he can’t comment on what might or might not happen at Dove Canyon Plaza, but now, when the plans have been submitted and are under review, he is ok with speaking up? This could have been headed off years ago and saved a bunch of businesses, and I told them how they could do it three years ago.

"Mr. Gordon and his few supporters claim I have a conflict of interest because my law firm represents the owners of the Dove Canyon Shopping Center -- and they’ve stated I want to provide “sweetheart deals in Dove Canyon for [my] buddies…”
That is FALSE.
My law firm does not represent the owners of the Dove Canyon Shopping Center. We do not represent the William Lyon Company nor Raintree Investment Corporation. I have no conflict of interest.
The owners of the Dove Canyon Shopping Center are not my “buddies” – I have no personal relationship with anyone associated with those companies."

Let’s unpack this. First the “sweetheart deals” is from the Intent to Recall notice that was served on TB, it isn’t something I’ve said. I have no control over what other people say as TB well knows. Here is exactly what I said in a July 25, 2019 article which contains some speculation on my part, but I'm clear about that.

"Now keep in mind that our councilman Tony Beall is a partner at Troutman Sanders LLP, a real estate law firm that is currently involved in toll fee cases in Florida and Georgia and as a partner that means Beall would benefit from the profit. This matters because Beall is also on the TCA board where he has very passionately pushed against outside oversight of the TCA books as exposed in the LA Times expose here and here. These apparent conflicts would indicate that Beall should never sit on a toll road board and with the financial conflict for the TCA revenue on developer fees, he should recuse himself on any vote to rezone in that plaza.

It is my current belief that the votes in the pocket of William Lyons are Tony Beall, Carol Gamble and Anne Figueroa. Some of them might be having second thoughts now because of all the push back. It is also my belief that the original plan was to get this approved at the end of the current terms for Beall and Gamble and they would not run again."

"I am not beholden to any person or any special interest – my only allegiance is to you, the residents of Rancho Santa Margarita – as has always been the case.
I believe every applicant in entitled to a fair hearing. While I intend to review any development application on its merits at an open, public hearing, for the reasons described above, I am opposed to any proposed zone change that would result in the construction of high density housing in this area of town."

Here again we have TB seeming to pre-judge the Dove Canyon Plaza rezone request, while at the same time giving the same nuanced response that includes the qualifier “high density”.

"I respectfully ask for your continued support. Please let me know if you have any questions.
PLEASE SHARE."

Here is where we run into the biggest problem for TB, his call to action. Initially he had his post set so only friends could see it, but then they couldn’t share it, so he changed it to public. It was subsequently shared in the RSM Facebook group with over 11,000 members. Again, a sitting city councilman puts out a hit piece on a private citizen with no supporting evidence, in an attempt to ruin their reputation both professionally and personally with neighbors. This is what happens if you dare to run for city council or dare to look into any of their dealings. It isn’t my fault that TB has significant campaign finance issues or that people want to recall him. There are reasons a lot of people are angry at him and they were angry before I came around.