Developer files suit to stop Oceanside referendum

The developer of the 585-home North River Farms community proposed for Oceanside’s Morro Hills went to court this week in an effort to stop a voters’ referendum that could overturn the City Council’s approval of the project.

Integral Communities alleges in a Superior Court lawsuit filed Tuesday that the referendum proponents used “fraud, forgery and misrepresentation” to collect the signatures on their petition.

The lawsuit lists Barbara Hazlett, the 90-year-old president of the Republican Club of Ocean Hills, as the petitioner. Oceanside City Clerk Zeb Navarro and San Diego County Registrar of Voters Michael Vu are the respondents.

Referendum proponents turned in 12,500 signatures Dec. 20 to the city clerk, who did a preliminary count and forwarded the signatures to the county registrar of voters for verification. The county has until Feb. 5 to complete the verification.

If the minimum number of signatures, 9,609, are verified as Oceanside registered voters, the City Council will be required to either reverse its approval of the development or place the referendum on an upcoming ballot, probably in November.

Prior to the lawsuit, Integral’s attorneys at The Sutton Law Firm in Los Angeles filed a letter Dec. 19 with Oceanside City Clerk Zeb Navarro, claiming referendum proponents had engaged in forgery. Residents obtained a copy of the letter in response to a Public Information Act request.

Navarro and Vu both said this week their offices are responsible for checking basic information such as addresses and voter registration for names on the petition, but allegations of forgery should be directed to law enforcement. Asked whether the matter has been referred to police, Integral officials issued a news release about the lawsuit but did not answer the question.

Adding to the forgery fuss were comments made by Mayor Peter Weiss from the dais at the close of the Jan. 8 City Council meeting.

Weiss said he suspected that some of the names on the petition were forged because, even though he had not signed it, he’d been told his own name was on the list.

However, it turned out there are at least two Peter Weisses in Oceanside.

“I received a written communication from an individual by the name of Peter Weiss, a Realtor and resident of Oceanside, stating that he had indeed signed the petition,” said Navarro, the city clerk, after investigation of the matter the next day.

“I find no evidence of forgery, with respect to Mayor Weiss’ allegations,” Navarro said in an emailed announcement, adding that any further investigation would not be the responsibility of his office.

Navarro said he looked into the matter because it implied a breach of confidentiality within his office, which would be his responsibility.

“I wish to assure the public that any violations will be seriously addressed and dealt with,” Navarro said.

The lawsuit also alleges that referendum proponents could not have gathered 12,500 signatures in less than one month, “especially considering the limited resources” of the volunteers, which “displays evidence of potential fraud in the signature-gathering process.”

The suit also alleges, among other things, that the proponents made “false allegations about the fire and evacuation danger associated with the project,” and about the city’s General Plan and climate action plan.

Referendum proponents have made similar accusations against the developer, saying Integral has falsely represented its project as a plan to preserve agriculture, that Integral downplays the hundreds of homes and thousands of vehicles it would bring, and the limited police and fire protection in that area.

“The company you are trusting to be true to their word hired people to do nothing but harass the people collecting signatures,” said Sally Haggerty, a member of the referendum group Let Oceanside Vote, at the Jan. 8 council meeting.

Asked about the harassment in November, Integral project manager Ninia Hammond said the company had a right to present its own point of view.

“We respect the right to seek voter consideration of government decisions,” Hammond said this week in an announcement of the lawsuit. “However, these efforts must be conducted lawfully and properly.

“We seek judicial review of activities that may have violated California’s referendum rules by the organizers of this effort against North River Farms,” she said.

The City Council approved the development Nov. 6 on a 3-2 vote with Esther Sanchez and Ryan Keim opposed. The city’s Planning Commission and planning staff had previously recommended denial, and the project was modified multiple times before it went to the council.

The 215-acre, farm-themed community is designed to capitalize on the region’s agricultural history, with neighborhood gardens for residents, a farmers market, different types of housing in separate “villages,” and a commercial core with a restaurant or brewery, offices and retail shops.