In Menendez v. City of Union City, 211 N.J. Super. 169, 511 A.2d 676 (App.Div.1986), the Appellate Division held that the D'Ercole decision was contrary to the "legislative policy of encouraging citizen interest and participation in local government by provisions, which should be liberally construed, for the right of referendum." Id. at 171, 511 A.2d 676. The court in Menendez found that the D'Ercole v. Mayor decision formulated a distinction between legislative and administrative which would categorize almost all municipal action as administrative. "That definition encompasses the preponderance of municipal ordinances, which are adopted pursuant to legislative delegation to effectuate legislative policies and purposes but the specific terms of which, according to the discretion of the local governing body are adapted to local conditions." Id. The Menendez court employed the following definition of legislative and administrative ordinances in reaching its decision: When a municipal governing body has latitude within its discretion in adopting the specific provisions of an ordinance, its enactment is legislative and subject to referendum, even though its authority to legislate on the subject has been delegated to it by State law. When a municipal governing body is merely complying with and putting into execution a State or local legislative mandate in adopting an ordinance, in effect exercising a ministerial function, its enactment is administrative and not subject to referendum. Id.