Reagan

Respondents-appellants City of Sausalito and certain officers thereof appeal from an order for peremptory writ of mandate.

Questions Presented

(1) May referendum be invoked against resolution 1571, providing for the acquisition by the city of certain property for aquatic park and playground purposes? This question turns on (a) whether said resolution constitutes a legislative or an administrative act; (b) whether the power to determine the necessity and advisability of purchasing land for the public parks has been delegated to the city council exclusively.

(2) Were the referendum proceedings premature?

(3) Is resolution 1571 void because adopted within one year of repeal of resolutions 1540 and 1542 ?

Record

The facts are not in dispute. December 6, 1960, the City of Sausalito adopted resolution 1571: “Resolved, that the City Council of the City of Sausalito do, and it does hereby, re-affirm and redeclare the firm purpose, policy and program of said City and said City Council to acquire out of said City’s annual revenues those certain water-front properties commonly known and described as the 1 Shelter Cove, ’ and officially described as Blocks C and P, as shown on the…