In D'Ercole v. Mayor & Council, Etc., 198 N.J. Super. 531, 487 A.2d 1266 (App.Div.1984), the Appellate Division held an ordinance which approved the acquisition of a 20 year lease by the City was a "discretionary executive action undertaken to carry out legislative policies and purposes. . . devolved upon . . . the governing body by the law of the State." Id. at 545, 487 A.2d 1266. The Appellate Division in D'Ercole focused on one test set forth in Cuprowski v. City of Jersey City, 101 N.J. Super. 15, 25, 242 A.2d 873 (Law Div.1968) for determining whether municipal action is legislative or administrative in nature: Acts which are classified as administrative are those which result from governmental powers properly assigned to the executive department and necessary to carry out legislative policies and purposes already declared either by the legislative municipal body or devolved upon it by the law of the state. D'Ercole, 198 N.J. Super. at 545, 487 A.2d 1266.