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M <br />-4 - <br />issuance of vouchers for payment. Carried voice vote. <br />15) Report on Fr��eewM Committee. Secretary Cathcart spoke <br />for e coffee. The reeway is definitely going <br />through Los Altos Hills and this committee wants to get <br />support from neighboring communities for a positive <br />decision. There was a discussion by the vice-chairman, <br />Mr. ginkaid. By mid-February the Highway Commission <br />will present a plan and this will be presented to <br />the towns and cities affected before it is presented <br />to the State Legislature, Mr. Cathcart requested the <br />City Council to write a letter to the State Highway <br />Commission and Mr. Belser, County Planning Director, <br />stating that we prefer the route next to the railroad <br />tracks. Mayor Treat stated that the Council preferred <br />a letter in writing from the Freeway Committee stating <br />their desires about location. <br />16) The following letter was read from Gardner Bullis. ORD. #19 <br />January 3, 1957 <br />to: Honorable Sidney Treat, Mayor, and <br />Honorable Councillors, Town of Los Altos Hills <br />from: Gardner Bullis, City Attorney <br />subject: Referendum Subdivision Ordinance No, 19, <br />Councilman Bledsoe has furnished me with a com- <br />prehensive citation of authorities to sustain a contention <br />of his, which we have been discussing, that Referendum <br />does not properly lie against a subdivision ordinance <br />of a City enacted since 1953• <br />From a review of these authorities and from <br />my independent study, I agree that Referendum is not <br />properly invoked against a subdivision ordinance. <br />Therefore the petition in referendum filed against Ord- <br />inance No. 19 is of no effect and the ordinance may <br />be deemed effective to control the proceedures as to <br />division of land, along with the State Map Act, and subject <br />to amendments. <br />It is well settled that Referendum does not <br />apply to purely executive or administrative procedures. <br />In 1953 the State Legislature established the basic <br />policy of requiring all cities to enact ordinances regulating <br />the design and improvement of subdivisions. Certainly <br />under the language of very recent cases of highest <br />authority in California, it would follow that the <br />Council action in implementing the legislative mandate <br />is not properly subject to Referendum. <br />Signed, <br />Gardner Bullis <br />