HomeMy WebLinkAboutR-2009-038 Police Substation Lease Renewal with Yakima Air Terminal - McAllister FieldA RESOLUTION
RESOLUTION NO. R 2009-38
authorizing and directing the City Manager to execute a Lease between
the City of Yakima and Yakima Air Terminal — McAllister Field for Police
Department work space
WHEREAS, the City of Yakima and Yakima Air -Termination — McAllister Field executed
an agreement on December 9, 2004 (City Contract No. 2004-134) for building space to use as
a Police Department substation; and
WHEREAS, the agreement expires on February 28, 2009; and
WHEREAS, the City of Yakima Police Department desires to maintain its workspace at
the Airport for another year with an option to cancel the lease upon 90 days notice; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
enter into the attached Lease with the Yakima Air Terminal — McAllister Field for Police
Department workspace after February 28, 2009, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "City of Yakima Lease of Yakima Air Terminal Property" for airport space for the
Police Department substation after February 28, 2009,
ADOPTED BY THE CITY COUNCIL this 24th day of February, 2009.
ATTEST:
David Edler, Mayor
R-omq)--38
CITY OF YAKIMA LEASE OF YAKIMA AIR TERMINAL PROPERTY
THIS LEASE is madebyand -between the YAKIMA AIR TERMINAL — McALLISTER
FIELD, an agency of the City of Yakima and County of Yakima, Washington, hereinafter
referred to as "LESSOR", and theCITY OF-YAKIMA, 'Washington, hereinafter referred
to as ".LESSEE".
WHEREAS, LESSOR OPerateS the Yakima Air'Terminal McAllister Field, hereinafter
,
referred ,to ,as 'Airport" under the authority ' granted by the Joint Operations Agreement
s,igned:by the City arid County of. Yakima,' JulY1 , 1982, and
,
VI/HFRkS, !by Yakima City Contract No 2004-184, 'LESSOR agreed to allow LESSEE
to use Certain, property as 6 'City of Yakima :police substation through February 28, 2009,
and,
WHEREAS, LESSEE desires to .continue its, use of that property for an additional year
purSUant to the terms ofthis LEASEagreeMent,
NOW THEREFORE, in consideration of the mutual promises contained herein and 'the
'benefit tOlie derived by each party, the parties agree as follOwS-
, ,
1.
•
-06es hereby Ise and let:unto LESSEE, ,and LESSEE. does;.hereby
leaSe*id'takefrorn,LESSOR, approximately 800 sq,ft'Of building SpaCeSdite"':13),
336 sq ft(Suite C), 182 sq ft(Suite D), and. 528 sq ft '(Suite, E) (together;'the
"OOrli5s")L at West' Washington Ave, Yakima, Washington 9490 in the
City of Yakirria, Yakima County WaShington,,aS'that prOPertyJs depicted on the
drawings marked as Ekhibits,.".B", "C", "b", and ,"E", attached ,hereto and by this
reference :Made apart hereof, together iwith the right of ingress to and egress
from 'the. leased premises ' and the public use areas/facilities used in connection
therewith, over. designated Airport propertyand roadways, subject to rules and
regulations governing the use of the Airport and as the Same 'may be
promulgated by LESSOR from time to time
2. TERM:
The teilancy created by .this Lease shall, commence on ,March 1, 2009, and
terminate on February 28, 2010, unless terminated early as provided for herein.
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3. RENT:
LESSEE promises and agrees to pay rent to LESSOR at the rate of $1170.26
per month for the leased premises, made in advance on or before the 10th day of
each month Payments shall be made to the Yakima Air Terminal - McAllister
Field in care of .the Airport Manager's office. Any rental payment past due shall
accrue a delinquency charge of twelve percent (12%) per annum.
4. TAXES AND LIENS:
In addition to the rent payable above, LESSEE promises and agrees to pay, as
the„same become due and payable, all.licenses, fees and taxes, including but not
limited to Ieasehold.,excise, required .to be, paid by.,LESSEE by reason of this
•Lease and by 'reason! of‘ LESSEE's ;use and occupancy of. the leased premises
and by 'reason of LESSEE'S construction or ownership of improvements' to the
leased premises. LESSEE shall neither suffer nor permit the attachment of any
lien .or .oth"e. encumbrance ori the leased premises :by reason of LESSEE's
occupancy thereof LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and liens
5. USE:
LESSEE agrees to use the leased, premises only for a use allowed by the Master
Plan, and ,the zoning of the property by the appropriate jurisdiction. The use of
the property for any other purpose shall be deemed a material breach 'of this
Lease constituting grounds for its termination This provision shall apply ,to any
assignment of this Lease, whether voluntary or due to mortgage foreclosure or
for any other. reason. Failure of the assignee to .comply with this 'Section shall be
reasonable cause for. LESSOR towithhold,approval or consent to assignment.
6. UTILITIES:
Costs for electrical power, water, sewer, and garbage service shall be reasonably
determined by LESSOR LESSEE shall be invoiced monthly for the prior month's
usage and such amounts shall be due and .payable immediately
LESSEE shall contract privately with a local utility for natural gas service,
provided, however, that natural gas service for Suite E shall be prorated (based
on LESSEE's use of a portion of the building) and invoiced monthly by LESSOR.
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7. JANITORIAL:
LESSEE shall furnish all janitorial services at LESSEE's expense.
8. PREMISES CONDITION:
LESSEE has made a full 'inspection .of the premises, is fully aware of its condition
_ _.:except_with_resp.e.ct;to__envir_onmentaLco.nditio.ns._an.d._ accepts._the.�premises
"AS-.I;S" basis. 'LESSEE .agrees to pay, for any improvements and/or
modifications neces. Baryto the operation of LE'SSEE'S business.
LESSOR agrees' to make the following improvements 1) paint, Z) replace carpet
9. MAINTENANCE:
LESSEE agrees to ;:keep and maintain the .premises in at least as ,good r a
condition :as the condition of the premises at the beginning of LESSEE's
occupancy, normal' ,wear and tear excepted. LESSEE further 'agrees that
LESSEE shall be ,responsible to 'Maintain all leased .areas, trade fixtures and
()then irnprovernents, existing, and future, in an attractive and usable .manner
consistent with other;properties at the Airport.
Maintenance shall include, but not be limited to, garbage 'and debris removal,,
painting, and show removal.
10. SIGNS:
;LESSEE, 'at LESSEE's own expense, may. erect ;a sign(s) of a type, number and
location suitable to LESSOR ':No'.,signs or other advertising matter or devices
shall be used or displayed in or about,the leased .premises or upon any portion of
the Airport: without the prior written approval of the .Airport Manager, which
approval shall -not be unreasonably withheld
11. 'REVERSION OF IMPROVEMENTS:
Prior to the expiration of this Lease, LESSEE shall removeall such trade fixtures
and repair any damage to the premises caused by removal of trade fixtures to
the reasonable satisfaction of the Airport Manager Fixtures not removed within
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sixty (60) days after termination become the property of ,the LESSOR unless
other arrangements have been previously approved in writing by the Airport
Manager
LESSEE shall, as additional consideration for grant of this Lease, insure that all
liens, security interest and other .encumbrances' against said improvements and
structure's except those created or suffered •by, LESSOR, whether consensual or
involuntary, shall be, paid, discharged' or satisfied prior to time for reversion
thereof to LESSOR; and; 'in any;event, the parties acknowledge that LESSOR
Shall ' not, by virtue ,of termination of the leasehold interest nor reversion of the
structures or other improvements, be liable for any :debt or 'encumbrance
associated therewith, whether now existing or hereafter incurred, levied or
attached
12. REGULATIONS:
LESSEE agrees to comply with all applicable laws,, 'ordinances., rules, :regulations
and 'policies' of all governmental authorities having jurisdiction over the Airport,
including ;p'olicies adopted by LESSOR, as such laws ordinances; rules,
regulations and policies apply to the use and operation of Airportproperty,
facilities and operations as those laws,, ordinances, rules, regulations. and policies
now exist or may hereafter .become; effective. 'LESSEE'further agrees to accept
responsibility, for not allowing unauthorized persons access to the Airport
Operations Area (AOA).
13. SUBLETTING:
There shall be no subletting of this :Lease without the prior approval of LESSOR
14. ASSIGNMENT:
LESSEE shalh not assign this Lease without the prior written approval of
LESSOR, :such approval not to. be ,unreasonably withheld.. Such assignment
shall be 'in conformance with all applicable Airport Board, local, state and federal
laws, ordinances, rules, regulations and policies. LESSEE shall give preference
to aeronautical activities and all a ssig'nees shall" comply, with all laws, ordinances,
rules,regulations and policies, applicable to the, use and operation of Airport
propertty,''facilities and operations as those _laws', ordinances, rules, regulations
and policies now exist or may hereafter become effective. A consent to
assignment by LESSOR shall not be construed to 'be a consent to any
subsequent assignment.
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15. MISCELLANEOUS PROVISIONS:
A. The parties agree that LESSOR, through its Airport Manager, or other person
authorized by;the Airport Manager, may enter upon the.,Ieased premises to make
such inspections as LESSOR May deem necessary to the proper enforcement of
any, term, provision or condition ofithis Lease :provided that,. LESSOR has either
the;. consent of LESSEE orhas,.provided LESSEE with at,.least forty-eight.,hours
written,' notice,,. No: such 'entry :or inspection by LESSOR is required by this
provision, :and the failure of LESSOR 'to enter and make inspection 'shall not,alter
the relationship of`the parties and their respective rights :and duties: 'provided by
this 'L'ease. LESSEE shall be granted the right of quiet'e'njoyment upon
performance bf all: terms sof this Lease
B. LESSQR: may .further, develop or improve Airport property .and, .facilities,
regardless of the desire or views of LESSEE regarding any such development or
improvement and without interference or hindrance on, the part of LESSEE and
without ;liability to LESSEE, provided the operations of the LESSEE .are not
unreasonably interrupted
C. LESSOR., reserves the right; but shall .not :be ;obligated to LESSEE, to
maintain 'and:`keep in repair the landing area of the Airport and all publicly owned
facilities ofthe Airport
D. LESSOR reserves the right to take any action necessary or desirable by
LESSOR to protect the operations of the:Airport against. obstruction,, or. any other
activity interfering with, the.. efficient operation: of the Airport together with the right
to prevent LESSEE from erecting, or permitting to be erected, .any building or
other structure on the Airportwhich, in the opinion of the Airport Manager, would
limit,the usefulness of th'e.Airport or constitute a hazard to aircraft.
E. •During time .of war or national emergency, LESSOR shall have the right to
lease the landing area or any part thereof to the United. States of America .for
military use, ,and; if any such lease is executed, the provisions of this'Lease shall
be suspended, insofar as they are inconsistent with the provisions :of .the lease
agreement with the United States of America
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F. This Lease shall be subordinate to the provisions of any existing or future
agreement between LESSOR and the United States of America relative to the
operation, or maintenance of the Airport, the execution of which has been or may
be requiredas a condition to the expenditure of federal funds for the
development of the :Airport
G. If the leased premises or any interest therein is taken as a result of the
exercise of the. right of eminent domain, this .Lease shall terminate as to such
portion as may be taken If the portion taken does not feasibly permit the
continuation of the LESSEE's operations, LESSEE shall have the right to
terminate this Lease.: Such termination shall be ;effective as of the date
LESSEE's operations, cease. LESSEE•shali bp'entitled to a portion of the award
representing its interest in the premises. LESSOR 'shall be entitled to the
remainder of the award.
16. INDEMNITY/DUTY TO DEFEND:
A.' At no expense to LESSOR, LESSEE shall defend against and indemnify.'fully
'and.'.save '.harmless the' Board: of ;the Yakima Air Terminal - McAllister' Field, the
Yakima Air Terminal - McAllister Field, Yakima County and their elected and
appointedofficials, employees and'agents, from any.. -:and !all, liability; damages,
suits, claims, actions; judgements ;or decrees, made against' the 'd Board, of the
Yakima Air. Terminal - .McAllister Field, the Yakima Air'Terminal -McAllister Field,
or Yakima -County or their elected and appointed officials, employees and agents,
including all expenses` incidental `to , the, investigation and 'defense ,thereof,
including 'reasonable' attorney fees, based on or arising from the ,occupancy=or
use,of the ?leased 'premises by'LESSEE, :provided, however, that LESSEE shall
not be, 'liable fo'r, .any; injury, damage or :loss occasioned solely by the' sole
negligence of LESSOR, its agents or employees :LESSOR ,shall give to
LESSEE prompt and reasonable notice of any' such claims or actions :and
LESSEE shall:have the right to investigate, compromise and defend the same to
the extent of its interest.
B. LESSEE agrees to reimburse LESSOR for .any damage to the premises
caused by the occupancy of LESSEE, its, employees, agents, servants, invitees,
independent contractors or any other person acting on behalf of LESSEE or
under its direction
17. INSURANCE:
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LESSEE shall file with LESSOR a certificate of insurance, ,or other ,proof of
insurance acceptable to LESSOR, evidencing an insurance policy with the Board
of the Yakima Air Terminal - McAllister Field, the Yakima. Air Terminal -McAllister
Field, and County:of Yakima as additional, insureds providing:
1. ' Comprehensive general liability insurance coverage in amounts of not
Tess than $1,'000;000 Combined Single Limit for bodily, injury and property
damage covering LESSEE'S occupancy of and activities pertaining, to the
leased, premises.'
2'. Tenant ;legal liability insurance :coverage in an amount of not less -than
$'100;00,0;
Nless. an! 30. days, written,.notice m:be supplied,to LESSOR i.n te'he e
ot nt'of
cancellatthion,'rnaterial'Fchange',ust
tb'the!;policy or 'non'renewal: of any or all policies
Gertificate'shall :be' issued•by carrier, s with,a mininiurn A.M BEST 'rating of A `VII
irh'ich'' `are. admitted° in, the;State of Washington or'other such 'carriers ;.as'•shall; be
a'cceptab'le to' LESSOR
18. 'DAMAGE'OR'DESTRUCTION:
`.the event of darnage:;
Inor<destruction of,`Airpo(t property caused by;th'e`LESSEE,
its agents, ernploy'ees, aircraft or 'other,equipme'nt, 'LESSEE '::agrees', -to .repair,
reconstruct,',:orreplace._.the, affected': property to the condition which° existedisprior
to 3s'ucii darrage`. or destruction, to the
e'extentsame
`is
.Insuance' required under 'this -1164e.. ' LESSEE furter' agrees toot ' '.ccaouveser'e' dsucbh
repair,,reconstruction or` re`pl8CnentGor:affectedproperty with'due y
dil�ge`rice'.
19. TERMINATION:
A:,Either:..party ,may:terminate ,this ,.Lease,;,early, withor without cause, , by giving
the otherpartyatIeast ninety (90) calendar, days written notice, of termination.
B. ' ,Upon, termination of this:,Lease for ,any reason, LESSEE shall immediately
surrender the premises to the LESSOR in; good condition ,and repair, `ordinary
Wear, and usage excepted, and LESSEE 'shall remove all'of LESSEE'S personal
property,' trade! :f„ixtures;' 'equipment or ''improvements: remov'ab'le by prior
agreement with LESSOR'from.'the 'premises' and 'shall repair any:damage to'the
premises' :caused :by such:r-embval.Any 'personal' -•property of ;LESSEE,. or
anyone .claiming under LESSEE,,which shall remain .upon the premises at the
expiration or termination of this Lease shall be deemed to ;have been abandoned
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and may be retained by LESSOR as LESSOR'S property or disposed of by
LESSOR in such manner as LESSOR sees fit without compensation to any
party.
20. VENUE:
In the event of litigation to enforce the rights and obligations hereunder, venue
shall lie in Yakima County Superior Court.
21. NON-DISCRIMINATION CLAUSE:
To ,the extent required by law, LESSEE, for itself, its personal representative,
successors in ,interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree; as follows
A. No'persoh, on;the grounds of race, color, religion,sex, age, marital.status,
handicap or national origin, shallbe unreasonably excluded from participation in,
denied 'the benefits of, or be otherwise subjected to discrimination in LESSEE's
personnel, policies and practices or in the use or operation of: LESSEE'S'services
or facilities.'
B. LESSEE agrees that in the construction of any improvements on, over or
under Airport land and the furnishing of services thereon, no person, on the
grounds of race, color, religion, sex, marital status„ handicap, .age' or national
origin, 'shall be unreasonably excluded from participation in, denied the benefits
'of, or othenniise be subjected to discrimination'
C. LESSEE shall use the Premises in compliance with all other requirements
imposed by Or pursuant to Title 49 Code of•Federal Regulations, :Department of
Transportation, Subtitle A, Office of, the Secretary,, Part. 21, Non-discrimination in
Federally Assisted ..Programs ,of the Department of Transportation -;Effectuation of
Title yr of the Civil Rights Act of 1964, and as said Regulations .may be
amended.
D. It is the .policy of the Department of Transportation that minority business
enterprise as defined in 49 CFR Part 23, i.e ; firms owned and controlled by
minorities, firms owned and controlled by women and firms owned and controlled
by financially diisadva'ntaged, persons, shall have the maximum opportunity to
participate in the performance of leases as defined in 49 CFR Section 23 5.
Consequently, this Lease is subject to 49 CFR Part 23 as applicable
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Lessee hereby assures that ,no person shall be excluded from participation in,
denied the benefits of or otherwise discriminated against in connection with the
award and performance of any contract, including leases, covered by 49 CFR
Part 23 on the grounds of race, color, national origin or sex
Lessee hereby assures that it will include the above clauses in all sub -leases and
cause sub -lessees to similarly include clauses in further sub -leases
22. INTEGRATION AND SUPERSESSION:
This,'document,embodies', the:entire Lease between the parties:.with respect to
the. subiect.;matter herein contained' and ,Supersedes any and , all .such former
agreements ;which -are'=hereby declared terminated' and 'of no further force,and
effect; „pro,,vided, ;:however that 'City ; Contract.' No. 200.4-134 remains-: in effect
.through Feb"ruary, 28, .2009.: :'No,i,amendments ;or modifications, :.hereof ;sha`II';be
enforceable`u'niess in writing signed`by both -parties.
23. SEVERABILITY.
If'a'court" of. competent jurisdiction holds any part, term or :provision of ;this .Lease
to be'illegal, :or��inv,alid in whole or in, part; the; validity of ;the remaining provisions
shall not�`be .affected, and the parties' :.rights and obligations, shall be construed
and':enforced'.as .if the Lease'.did '.not contain' the particular provision; ;held.to ;be
invalid, - If: any ; provision of .this.. Lease :is in direct conflict' with ,any, statutory
provision of the, State .of Washington, that provision. which(may"conflict shall be
deemed inoperative: 'and 'null and •void insofar ::as it ,may conflict, '.and shall ibe
deemed modified to 'conform.to' such statutory provision.
24. NON*AIVER.
The, waiver by LESSOR or LESSEE of the breach of any provision `of this Lease
by: ;the; .,other : party shall not operate or be construed as a ,waiver of any
subsequent breach by either party or .prevent either party thereafter ,enforcing
any*Jch provision
25. Notices
Notices shall be sent ,by registered or certified mail, postage prepaid ,or hand
delivered. Such notices shall be .deemed effective when mailed or hand
delivered. at the addresses .specified below.
Filename: YPD 2009
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Time is of the essence of this entire Lease
YAKIMA AIR TERMINAL -'McALLISTER FIELD
2400 W. Washington' Avenue
Yakima Washington 98908
(509) 575-6149— pone"(5O9) 575-6185 — fax
Am 6,
irnrian
Les Flue, Secretary
•
STATE OF WASHINGTON
County of Yakirha •
4_
I certify that'I know or have satisfactory evidence that ba4.:ff-rtftWf:eler and Les Flue
signedthis inStruMent, :onoath stated lat theywere authorized to execute the
instrument and acknowledged it as the Chaman and the,Setretary ,respectively of „ ,
:Board of the Yakima Air Tpi-iT1661 , McAllister Field' rtO be the free and voluntary act of
'such Oartyforthe'Usesand purpoSesimentioned in the inStrunlent
,Date
Appbintmeht'xijires'
Filename: YPD 2009
10
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LESSEE:
CITY OF YAKIMA — POLICE DEPARTMENT
200 South 3rd Street
Yakima, Washington 98901
PhOne 509-55-6200
Signed:
R. A.! Zais, Jr
STATE:OF,VyASHINGTON
COUntybfYakima
l',Certiiy,,that know or have satisfactory evidence thk Richard- A ,Zais, Jr. signed this
inStrurhentiJonpOth ,stated that 'he was authorized to exebute,. the instrument and
ad<0Pin!lege4,,it;Ohe,:OitV Manager of the City of Yakima to be the free and voluntary
act Of such partylor the uses and purposes mentioned, in the instrument.
Date'
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Filename: YPD 2009
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. Iww..,
For Meeting of February 24, 2009
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to renew the
Lease Agreement with the Yakima Air Terminal—McAllister Field for the Police
Substation.
SU i_ MITTED BY: Chief Sam Granato
Captain Rod Light
CONTACT PERSON/TELEPHONE Chief Granato-5756211
Captain Rod Light -576-6393
SUMMARY EXPLANATION: For the past five years the Yakima Police Department has leased
office space at the Yakima Airport. The office is used as a sub -station for the department which
has provided an increased presence on the Westside. By utilizing the substation, officers have a
decreased response time for emergencies out west, and allows officers to stay in a more
centralized area when processing paperwork. The lease renewal will allow us to continue with the
deployment of officers on the westside of town. The lease is for one year with a monthly rate of
$1,170.25. This is an increase of $145.26 a month from the previous lease. This is the first
monetary increase we have had in the lease since 2004.
Resolution XX Ordinance Contract _ Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:a
IS
City Manager
STAFF RECOMMENDATION: It's recommended that the Council enact the resolution authorizing
the City Manager to enter into the renewal of the current lease.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: