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determination from the courts, City Attorney Schricker responded he preferred not to answer that off the top of his head. M/S: CLAIRE/MURRAY TO HAVE THE~,Ç,lJYli.~I¡ORNEY RESEARCH THE QUESTION, DOES THE CITY OR A CITY OFFICIAL, ACTING IN HIS OR HER OFFICIAL CAPACITY, HAVE THE AUTHORITY TO BRING AN ACTION TO TEST THE ELIGIBILITY OF A CANDIDATE In response to Council questions, City Attorney Schricker advised that the City suit filed to stop the Bayport Initiative from being placed on the ballot was based on the fact that on the face of the initiative itself, it was invalid, and since it involved Port property, the City had standing. There was no dispute as to what the initiative said. The present subject involving residency determination involves a dispute as to facts. Councilman Greenalch stated he would vote against the motion because no matter how hard the Council tried to disprove it, such action would be construed as an attempt to derail at the last minute someone exercising his or her constitutional right to be on the ballot in Redwood City, and secondly the answer would not be received in time to make a difference. Councilman Greenalch stated he believed a domicile is a place to go to with the intention of remaining there permanently, and establishing a domicile cannot be simply asserted but must be demonstrated. Councilman Greenalch added that he would be glad to vote on this issue at the appropriate time as a Councilmember or as an individual and would pursue it with vigor. ITERATION OF MOTION: MIS: CLAIRE/MURRAY TO HAVE THE CITY ATTORNEY RESEARCH THE QUESTION, DOES THE CITY OR A CITY OFFICIAL, ACTING IN HIS OR HER OFFICIAL CAPACITY, HAVE THE AUTHORITY TO BRING AN ACTION TO TEST THE ELIGIBILITY OF A CANDIDATE MOTION CARRIED ON THE FOLLOWING VOICE VOTE: AYES: COUNCILMEMBERS BUCHAN, BURY, CLAIRE, MURRAY AND MAYOR LA BERGE NOES: COUNCILMAN GREENALCH MINUTE ORDER NO. 92-170 (702-15) ---------------------------------------------------------------------------- C. Councilman Murray reported on the subcommittee meeting of C/CAG on Congestion Management Plan and the discussion of limiting traffic using 1990 ABAG projections for each city for jobs and housing. No conclusions were reached, but materials were available covering this issue. (704-04) D. Councilman Greenalch asked staff to look into the traffic situation at the new Lucky Store on Jefferson and El Camino Real. (1601-07) MEMO 10/20/92 E. Councilman Greenalch advised staff the State of California is making available 2500 autos that use methanol and asked staff to look into the program as cities are being encouraged to use alternative energy sources. (1602-01) MEMO 10/20/92 Regular Meeting Minutes October 19, 1992 Page 6 MINUTE BOOK NO. 51 Page No. 223 . "-oo, '1 -""