San Juan Politics Invade RSM City Council Meeting

Local Kim McCarthy calls out attorney and RSM Councilman Steve Baric, who represents the group behind recent political mailers.

A recent mailer sent to residents in San Juan Capistrano. Patch photo credit: Penny Arévalo
A recent mailer sent to residents in San Juan Capistrano. Patch photo credit: Penny Arévalo

San Juan Capistrano politics spilled over into Rancho Santa Margarita Wednesday, as former SJC council candidate Kim McCarthy showed up at a meeting  to address RSM Councilman Steve Baric, attorney for the group behind recent political mailers distributed in San Juan.

Things got a little testy, shall we say.

Baric is the attorney for San Juan Cares, which has so far produced two slick mailers: one, featuring a wheel of fortune of sue-happy residents and another featuring many of the same people as circus caricatures.

The mailers have popped up in the middle of an attempt to recall San Juan Capistrano Mayor Sam Allevato.

McCarthy, who supports the recall, said she attended the Rancho Santa Margarita City Council meeting Wednesday to make sure the constituents knew who was representing them.

Below is a transcript of what transpired during the open comments session of the RSM City Council agenda:

McCarthy : I came here specifically tonight to visit Councilman Baric in his own backyard.  He represents the group responsible for the political attack mailer that I just distributed to the audience tonight. I think after viewing this mailer you will agree that this is disgusting and is beneath an elected official. It maligns private citizens in my town of San Juan whose only sin is to disagree with a certain council member in the city I live in. The mailer is filled with lies, half-truths and distortions and makes fun of the disabled, the elderly and women.

To make matters worse, councilman Baric, this mailer came from a group listed at your business address and for whom you serve as attorney and agent for service of process.

When a parent objected to San Juan Cares posting their minor child’s information on their website, apparently in an effort to attack the parent, you sent a letter Mr. Baric to the parent in defense of San Juan Care’s First Amendment right.  You didn’t stop there, though. You threatened the parent and anyone associated with him with them with “the strongest legal response if they demanded that San Juan Cares removes info about their child.”

Assuming you are a parent, have you ever stopped to think that this group’s website is hurting innocent children with lies? How would you feel if your child’s personal information was posted on a website and your child saw you depicted this way on a mailer that came to their home in their own mailbox?

Now the founder of this disgusting hate group is responding to heat in the community in San Juan by saying that he is backing away from the group and is referring questions to you, Councilman Baric. It appears that you share in the responsibility of this garbage and I want the residents of this town to know who’s representing them.

I’ll give you the remainder of my time to respond.

Baric: You want my response? I am this group’s lawyer. You misquoted me. I said they have a First Amendment right, which I stand by. I didn’t say they had a First Amendment right to abuse kids. I have kids of my own. And quite frankly, Ms. McCarthy, you’ve been more than accommodating with attaching other people in your own community. I am not involved in the creation of this activity, I’m merely their lawyer. If you want to talk to me, you know where to find me. I’m happy to discuss this with you at any time.

McCarthy:  Well, Mr. Baric, I don’t’ really think it’s care you can do this type of thing in my neighborhood and hide in this neighborhood. So I don’t really have any interest in talking to you.

Baric: I want to make it abundantly clear …

McCarthy:  I’m not done. I just want the people here to know who you are.  

Gus Gunderson January 23, 2014 at 09:36 PM
Penny, I want to make sure I understand this correctly: This Rancho Santa Margarita city council member whose day job as an attorney shares the same address as San Juan Cares. Is that correct? From what I read between Patch and the OC Register, we have Sam Allevato our city council member saying he does not know David Ellis. Then when Sam Allevato is confronted that there are emails between himself, David Ellis, Eileen Padburg and Jonathan Volzke, Sam Allevato all of a sudden has a come to Jesus realization that he does know David Ellis. Then Rob Ferguson who is is the chairman of San Juan Cares states he is funding this entire campaign by himself. Sam Allevato said he has nothing to do with San Juan Cares, but he and Rob Ferguson worked at the Great Park together in Irvine. In fact, it was Sam Allevato who voted to have Rob Ferguson on a City of SJC committee. The dots are all connected.
Whiskey Bent January 23, 2014 at 10:11 PM
If Baric's law firm is the address for san juan cares then he is more than just their lawyer. He's lying through his teeth.
Sunshine January 23, 2014 at 10:16 PM
Is Baric a friend of Tony Moiso?
Donna Fleming January 23, 2014 at 10:25 PM
Kim McCarthy you are brave woman to wade in there and call Baric out for working both sides of the fence. Now the city of Rancho Santa Margarita can get a good look at the kind of man who is on their city council. The good ole boys club, and one of Sam's gang. They are all connected. He knew about that flyer, he probably reviewed it before it went out. Recall Same Allevato.
d January 24, 2014 at 12:19 AM
Ms. McCarthy states, " The mailer is filled with lies, half-truths and distortions " Is she speaking of Capistrano Common Sense? She might as well be. I agree the SJ Cares mailers are highly distasteful and embarrassing for whomever is sending them, as they are low class. However, I think the Cap. Common sense folks should recognize that, as a 4th grader would say, they "started it" with this ridiculous and baseless recall. McCarthy lost a bid for City Council and this is her way back in, is my guess. It's gross politics. Let the voters decide, w/out the $100,000 cost for us, in NOVEMBER. NO on the Recall.
Andrew P. January 24, 2014 at 12:43 AM
Why isn't this article in the RSM Patch?
Penny Arévalo (Editor) January 24, 2014 at 12:44 AM
I think Martin is going to rework it a little bit for his audience. It's not like they're familiar with all our, our, whatever it is we have here in San Juan.
Lint Worthlessness January 24, 2014 at 03:05 AM
I'm so glad to see my friend, Kim M. spreading the love to our neighboring communities. She always represents San Juan in such a positive way. She's always out there "Giving back" to our town. I just wish she would have told RSM residents about our hero, Derek Reeves. He advocated guns in parks, announced from the dais that his dog was named Mohammed, and was branded a "Pinhead" by that notorious liberal on Fox News, Bill O'Reilly. BTW, d, we at CCS would never lie to people, like telling them if they sign the recall petitions, their water rates will go down.
Donna Fleming January 24, 2014 at 05:01 AM
D.... Kim McCarthy was characterized in the most recent mailer as a jester with a head on a stick. Charming. She had every right to be angry. She spoke up to Mr. Baric (who is part of San Juan Cares) organization and a city councilman. This is a position of respect and he showed no respect in being a party of this slick mailer. making clowns of our community members. Her comments were not a jab at Cap Comm Sense. Sam Allevato and Mr. Baric dug up personal information about community members who oppose the recall. This is dirty poltics at its worst. If you, D.. have a problem with Cap Comm Sense then you should say so. The community members have devoted their time to puplic service. Kim McCarthy is responding to being riduled in the mailer. The fact that she lost her bid for a seat on the city council has nothing to do with what she said or did at the RSM city council meeting. What she did is tell the community that Mr. Baric is part of this group fighting the Sam Allevato recall. He replyed that he is only their attorney. There will be a recall in San Juan Capistrano we need to get rid of Sam and his gang. She was brave to speak up. These expensive mailers are getting worse and NO one likes to see their neighbors ridiculed.
Penny Arévalo (Editor) January 24, 2014 at 10:06 AM
The RSM story is now posted, if you want to keep track of the comments there (one so far, they're not as loquacious as we in SJC! http://ranchosantamargarita.patch.com/groups/elections/p/san-juan-politics-invade-rsm-city-council-meeting-ranchosantamargarita?ncid=newsltuspatc00000010
Tornado Johnson January 24, 2014 at 10:38 AM
Thank you Kim McCarthy for sticking up for yourself against the evil empire of Steve Baric and Sam Allevato.
Tornado Johnson January 24, 2014 at 11:10 AM
It is my opinion that Steve Baric could run into problems with the California State Bar for running a Political Action Committee out of his law office and listing San Juan Cares as a non profit at his law firms address.
Jonathan Volzke January 24, 2014 at 02:37 PM
Gus, you are wrong. There is no email "between" Dave Ellis and myself -- as the emails clearly show. I was copied on an email out of the blue and did not respond.
Sunshine January 24, 2014 at 02:51 PM
Mr. Vodka, why were you even copied on an email from Dave Ellis?? I wasn't. "Out of the blue?" I'm ROTFL. He obviously thought you were one to be "in the know".
jim capistrano January 24, 2014 at 03:22 PM
All politicians are a**holes...especially local politicians. Once one realizes that it makes what they do and how they do it more understandable...
Penny Arévalo (Editor) January 24, 2014 at 04:25 PM
The conversation is heating up at the RSM version of the story, too. Someone there made an audio clip of the exchange. To hear it, go here: https://soundcloud.com/psychicforradio/kim-mccarthy-speaking-against
Dusty W Otero January 24, 2014 at 05:17 PM
I remember when the coffee chat came to town,,I think that it turned out that its not good to talk so much ,,every week,,talk,,talk ,talk..now look what happen..everyone is fighting with each other in a once small town..its so one sided and ,,who a.. can I kiss now..stop the re-call and have elections,,and go from there no one wins,,our town of St. John Capistrano we loose..
Alberto Barrera January 24, 2014 at 06:45 PM
When ever Kim McCarthy speaks, you ought to bring a bowl of popcorn and watch the fireworks. Those of you who applaud her now obviously never saw her behavior at the dais back in 2010.
Jonathan Volzke January 24, 2014 at 07:22 PM
I'm not sure Sunshine. You can read the emails yourself, they're out there. But that would break your habit of making up your mind before knowing the facts.
Sunshine January 25, 2014 at 03:19 AM
Jonathan Vodka, as a paid lobbyist, you obviously make up your mind depending on whose paying you that day. And don't play dumb, your name was still copied on the emails. Dave Ellis wanted you to be in the know.
Alberto Barrera January 25, 2014 at 07:47 PM
Come on now sunshine, don't act like you wouldn't say things for money. Don't shoot the messenger as they say.
Donna Fleming January 25, 2014 at 08:42 PM
Alberto....It might surprise you to know some people will not "say things for money". And, there is a difference between a lobbyist and a messenger. One delivers a message and one rewrites the message before delivering it. Your wife said it's time for dinner John. As opposed to, your wife said it's dinner time if you can pick up the chicken at Pollo Loco John. Other wise, we can go out again tonight. John's wife does not feel like cooking so she modifies the dinner is ready message. John'w wife is lobbying for dinner out.
Sunshine January 25, 2014 at 08:53 PM
No, Albert, I'm not a lobbyist like Jonathan Vodka. I say things because of my convictions. It's too bad some people can be bought for money from developers.


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