Saturday, July 16, 2011

County elections office: San Rafael anti-Target referendum still short on signatures

County elections officials say opponents of a Target store in East San Rafael won't get a referendum on the November ballot after a second check showed the initiative still had too few signatures to go before voters.

On July 1 the Marin County elections office reported that anti-Target group Keep it Local San Rafael's proposed referendum fell 37 signatures short of the 2,782 needed. The number of signatures required to get a referendum on the ballot is 10 percent of the San Rafael residents who were registered to vote in the gubernatorial election last year.

However, Keep it Local leaders combed through all of the rejected signatures and contested more than 113. Of those, five names were determined to be valid, still leaving the proposed referendum 32 signatures short, Registrar of Voters Elaine Ginnold said Friday in a letter to Keep it Local consultant Dan Mullen.

"We finished checking the petition and didn't find enough signatures to overturn the invalidity of it," Ginnold said in a phone interview.

San Rafael City Clerk Esther Beirne accepted those results as final Friday.

"It was certified on June 30 and that stands," Beirne said.

Meanwhile, Keep it Local leader Jonathan Frieman vowed that his group would pursue a second lawsuit, this one challenging the registrar's vote count. The group has already filed a lawsuit in Marin Superior Court challenging environmental documents the City Council relied on when it approved

the 137,000-square-foot store at a former landfill site at 125 Shoreline Parkway in a 3-2 vote in April.

The referendum sought to overturn the City Council's decision.

"We're still going to fight this because getting results today gives us very little time to respond, and we'll file a lawsuit," Frieman said. "The registrar of voters has made an assessment that we disagree with very strongly."

Stephanie Plante, president of landowner Cal-Pox Inc., said opponents appear intent at delaying the store. However, "we plan to proceed with the project," Plante said. "We remain under contract with Target to proceed to develop a store at Shoreline Center.

"We have repeated evidence that shows that the city of San Rafael wants a Target at Shoreline Center," she added. "I am very disappointed that a few opponents continue to want to drag this out for our city. It's very divisive at a time when our community needs to pull together."

In a statement, Target said it was "very pleased with the outcome of the signature recount conducted by the County Registrar."

"We continue to see strong support from local residents to bring a new Target store to San Rafael and remain confident it will be a positive long-term addition to the community," spokeswoman Sarah Bakken said.

Store opponents have criticized Target for paying low wages and have speculated that it would harm local businesses, create gridlock on already busy streets and pose environmental problems, among other concerns. But supporters have said they want affordable shopping in town and have touted the store's ability to create jobs and boost the city's coffers through sales tax revenue.

City Attorney Rob Epstein said the City Council might still technically be able to put the referendum before voters, but to do so would require voiding its original vote, an action both officials and opponents called extremely unlikely.

"I haven't researched this issue, and I would suggest to you that it rarely arises in the state of California, much less the city of San Rafael," Epstein said. "I believe the correct answer is this: The council's already taken action and the action is final."

Councilman Greg Brockbank, who along with Councilman Damon Connolly voted against the Target store, noted that items can only get on the council agenda with support from three council members.

And while a referendum "would be an opportunity to educate voters about why Target is bad, ... it's a distraction; it's an expense; it's polarizing.

"It's a tough one," Brockbank said. "On balance, I'd probably just stay pretty much out of it."

Contact Jessica Bernstein-Wax at jbernstein-wax@marinij.com

Source: http://www.marinij.com

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