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1992-195-Amending Deferred Compensation Administration Plan To Limit Investment AlternativesRESOLUTION 1992 -195 RESOLUTION OF THE TOWN OF LOS GATOS AMENDING DEFERRED COMPENSATION ADMINISTRATION PLAN TO LIMIT INVESTMENT ALTERNATIVES WHEREAS, Great Western Bank is the Town's Deferred Compensation Plan administrator; and and WHEREAS, the Town wishes to redefine investment alternatives for Plan assets; NOW, THEREFORE, BE IT RESOLVED that the Deferred Compensation Plan of the Town of Los Gatos is hereby amended as set forth in the attachment so hereafter all Plan assets will be invested only in the alternatives described. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of October, 1992 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Glanton, Brent N. Ventura Mayor Eric D. Carlson NAYES: None ABSENT: None ABSTAIN: None SIGNED: _ Y R OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1 . • Section 1. Name: The name of this Plan is the Town of Los Gatos Deferred Compensation Plan, hereinafter referred to as the "Plan". Section 2. Purpose: The primary purpose of the Plan is to attract and retain personnel by permitting them to enter into agreements with the Employer which will provide for deferral of payment of a portion of their current Compensation until death, disability, retirement, termination of employment, or other event as provided herein, in accordance with the provisions of Section 53212 - 53214 of the Government Code of the State of California, and Section 457 and other applicable sections of the Internal Revenue Code. This amended Plan becomes effective. Section 3. Definitions: For the purposes of this Plan when used and capitalized herein the following words and phrases shall have the meaning set forth below: 3.1 "Employer shall be the Town of Los Gatos. 3.2 "Eligible Employee ", hereinafter referred to as "Employee" means any officer of full -time employee of the Town of Los Gatos. Employee also means any permanent part -time employee working half -time or more. 3.3 "Participant" shall mean any Employee who fulfills the requirements under Section 4. 3.4 "Participation Agreement" shall mean the agreement executed and filed by an Employee with the Employer pursuant to Section 4, by which the Employee elects to become a Participant in the Plan. 3.5 "Compensation" shall mean the total of all amounts which would be paid by the Employer to or for the benefit of an Employee (if he were not a Participant in the Plan) for services performed during the period that the Employee is a Participant including any amounts that may be credited to the Participant's account in accordance with Section 8 of the Plan. Compensation shall be taken into account at its present value and its amount shall be determined without regard to any community property laws. 3.6 "Employment Period" means a period December 31 of the same year, except Period of an Employee hired on any dat e be the period beginning with the date of December 31 of the same year. MGR050 A: \MISC\DEFCOMP.PLN 10/7/92 -1- from January 1 through that the first Employment other than January 1 shall employment and ending on ATTACHMENT 2 3.7 "Custodian means the bank or trust company appointed by the Employer to have custody of its assets held pursuant to the terms of the Plan. 3.8 "Normal Retirement Age" means the date a Participant attains age 70 1/2 or, at the election of the Participant, any earlier date that is no earlier than the earliest age at which the Participant has the right to retire under the Employer's basic pension plan. 3.9 "Includable Compensation" means Compensation for service performed for the Employer which (taking into account the provisions of Section 403(b) and Section 457 of the Internal Revenue Code of 1954, as amended) is currently includable in gross income for federal income tax purposes. 3.10 "Committee" means the Deferred Compensation Plan Committee. Section 4. Participation in the Plan: 4.1(a) Each Employee may elect to become a Participant in the Plan and defer payment of Compensation not yet earned by executing a written Participation Agreement and filing it with the Employer not later than sixty (60) days from the date of employment with the Town. Thereafter, 4.1(b) Each eligible Employee may elect to become a Participant in the Plan and defer payment of Compensation not yet earned by executing a written Participation Agreement and filing it with the Employer prior to the beginning of the month for which the deferral is to be applied during open enrollment periods. 4.1(c) Modifications to existing Participation Agreements must be filed with the Employer prior to the beginning of the month for which the deferral is to be applied during open enrollment periods. 4.2 The amount of Compensation which may be deferred by a Participant is subject to the following limitations: MGROSO A: \MISC\DEFCOMP.PLN 10/7/92 -2- 4.2(a) At the time of entering into an agreement hereunder to defer Compensation or at the time of re -entry following a withdrawal or at the time a change in the amount to be deferred is elected, the maximum amount a Participant may defer during an Employment Period shall not exceed the lesser of $7,500 or 33 1/3 percent of the Participant's Includable Compensation. The minimum amount a Participant may defer is $25.00 monthly. 4.2(b) For one (1) or more of a Participant's last three (3) Employment Periods ending before the Participant attains Normal Retirement Age the maximum amount a Participant may defer during the Employment Period shall not exceed the lesser of $15,000 or the sum of the maximum amount which could be deferred for the Employment Period established in Section 4.2(a) above, plus so much of such maximum amounts determined under Section 4.2(a) for Employment Periods after the effective date of the Plan (only if it begins after December 31, 1978) but before the current employment year and in which the Participant was eligible to participate in the Plan, less the amount of Compensation as has heretofore been used under Section 4.2(a). Provisions of this paragraph shall not apply more than once. 4.2(c) In applying paragraphs 4.2(a) and 4.2(b), an amount deferred for a Participant during an Employment Period by an exempt organization under a tax sheltered annuity program shall be treated as an amount deferred for limitation purposes. Any employee who is or becomes a Participant in this Plan and any other similar plan shall be solely responsible for any violation of Section 4.2. 4.3 A Participation Agreement shall remain in effect until it is terminated, amended, superseded or modified. During each Employment Period, an existing Participation Agreement may be amended to effect subsequent deferrals in accordance with rules established by the Committee. The modification must be filed with the Employer prior to the beginning of the month for which the deferral is to be applied. MGRO50 A: \MISC\DEFCOMP.PLN 10/7/92 -3- 4.4 A participant may terminate further deferral of Compensation under the Plan by filing with the Employer an executed notice of termination at least thirty (30) days prior to the effective date of termination. Once further deferral of Compensation is terminated, a Participant may rejoin the Plan in accordance with rules established by the Committee. No previously deferred amounts shall be payable to an Employee upon terminating further deferral of Compensation under the Plan unless otherwise due pursuant to Section 7 hereof. 4.5 A Participant may select, pursuant to Section 6, one or more investment objectives provided that the amount deferred for each objective equals or exceeds the minimum of not less than $25.00 monthly. Section 5. Deferral of Compensation: During each Employment Period in which the Employee is a Participant in the Plan, the Employer shall defer payment of such part of the Participant's Compensation as is specified by the Employee in the Participation Agreement which the Participant has executed and filed with the Employer. Section 6. Administration of the Plan: 6.1 The Plan shall be administered by the Committee, which shall have the sole authority to enforce the Plan and shall be responsible for the operation of the Plan in accordance with its terms, and shall determine all questions arising out of the administration, interpretation and application of the Plan, such determinations shall he conclusive and binding on all persons. 6.2 The Employer shall establish a deferred Compensation book account for each Participant to which shall be credited such Participant's deferred Compensation at such times as it would have been payable but for the Participant's election to participate in the Plan. On executing a Participation Agreement, the Employee shall designate one or more investment objectives. The investment objective shall be used to measure the increase or decrease in value of the Participant's deferred Compensation book account. A Participant may change his investment objective by filing a modification, and such investment objective shall apply to (i) all amounts credited to the Participant's deferred Compensation book account after the date of filing the modification or (ii) any or all amounts credited to the Participant's deferred MOR050 A: \MJSC\DEFCOMP.PLN 10/7/92 -4- Compensation book account before and after the date of filing the modification but in such case only with respect to periods after the date the modification is filed. As used herein, "investment objective" means any investment specified from time to time by the Employer solely for the purpose of measuring the value of the Participant's deferred Compensation book account and taayinchrde -the- 6.3 Each Participant's deferred Compensation book account shall be revalued monthly to reflect the earnings, gains and losses which would have been earned had the Participant's account been invested in the medium specified in his designated investment objective. 6.4 The Employer may, but is not required to, set aside funds which may be held by the Custodian to meet the Employer's liabilities hereunder. All such funds shall at all times be a general asset of the Employer. 6.5 Neither his Plan nor any Participation Agreement nor any book account shall be deemed to create a trust or custodial account on behalf of or for the benefit of any Participant of the Plano r such Participant's beneficiaries. No Participant in the Plan nor his beneficiaries shall have, by reason of the Plan, Participation Agreement or book account, any secured or preferred interest in or to any assets of the Employer and in the event of default of any payment due under the Plan, the Participant or his beneficiaries shall have the status of a general creditor of the Employer. The Employer shall have only a contractual obligation to pay the benefits due the Participant under the Plan. MGRO50 A: \MiSC\DEFCOMP.PLN 10/7/92 -5- Section 7. Distribution of Benefit 7.1 Commencement of Distribution: Distributions under the Plan shall commence no earlier than the date the Participant separates from service with the Employer (within the meaning of Internal Revenue Code Section 1.457[h] [2] and [3]) and no later that the later of (i) 60 days after the close of the Employment Period in which the Participant (or former Participant) attains his Normal Retirement Age or (ii) 60 days after the closed of the Employment Period in which the Participant separates from service with the Employer. Subject to the approval of the Employer, a Participant shall, prior to his Normal Retirement Age, elect a time of commencement of his distribution from the Plan. If no such election or approval is made or obtained, payments shall be made in accordance with the instructions of the Employer. 7.2 Form and Duration of Distribution: Commencing with the date determined pursuant to Section 7.1, the full amount credited to a Participant's book account (reflecting investment earnings, gains or losses), less any Federal of State income tax required to be withheld, shall be distributed provided, however, that the amounts payable during the Participant's remaining life expectancy (determined as of the date of the initial distribution payment) shall be greater than one -half of the full amount credited to the Participant's book account: 7.2(a) In a lump sum; or 7.2(b) In monthly, quarterly, semi -annual or annual installments. Installment distributions shall be made in substantially equal payments, but no payment shall have a value of less than (the smaller of) One Hundred Dollars ($100.00) or the balance credited to the Participant's book account. A Participant's book account balance may continue to be invested until, in the Employer's sole judgement, cash is to be withdrawn for payment of benefits. 7.2(c) In the form of an annuity under any settlement option offered in the annuity contract. MGRO50 A: \MISC\DEFCOMP.PLN 10/7/92 -6- 7.3 Distribution Eligibility: (a) Retirement - In the event of retirement of the Employee from the Employer, form and duration of distribution shall be as provided in Section 7.2. (b) Termination of Employment - In the event of separation from service of the Employee from the Employer, form and duration of distribution shall be as provided in Section 7.2. (c) Disability - In event of termination of employment by reason of disability, form and duration of distribution shall be as provided in Section 7.2. (d) Death - In the event of the death of any Participant, either before or after separation from service, the full amounts credited to the Participant's book account, less any Federal or State income tax required to be withheld, shall be distributed to the Participant's beneficiary(ies) (as determined under Section 10.4) at the time and in the manner designated in the Participant's Participation Agreement. Choices of form of distribution of benefits shall be as provided in Section 7.2. Notwithstanding the foregoing, such distribution shall commence no later than the latest date determined pursuant to Section 7.1 as if the Participant had survived to such date, and the manner of distribution must be such that the payments are made: (i) if the beneficiary is the Participant's surviving spouse, over the spouse's remaining life expectancy (determined as of the date of the initial distribution payment to the spouse) or any shorter period; or (ii) if the beneficiary is not the Participant's surviving spouse, over a period not in excess of 15 years. (e) Unforeseeable Emergency - In the event of an unforeseeable emergency affecting a Participant, the Participant may apply to the Committee for withdrawal of such amount from the Plan. "Unforeseeable emergency" means a severe MGRO50 A: \MISC\DEFCOMP.PLN 10/7/92 -7- financial hardship to the participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent (as defined in Section 152(a) of the Internal Revenue Code) of the Participant's, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. Examples of events which may involve an "unforeseeable emergency" are catastrophic illness, flood, fire, earthquake, death in the family or disabling injury. Withdrawals will not be permitted for expenditures normally budgetable, such as down payment on a home, purchase of an automobile, or college expenses. Withdrawal will not be allowed to the extent that the hardship may be relived: (i) through reimbursement or Compensation by insurance of otherwise, (ii) by liquidation of the Participant's assets (to the extent such liquidation would not itself cause severe financial hardship), or (iii) by cessation of deferrals under the Plan. Withdrawals of amounts because of an unforeseeable emergency will be permitted only to the extent reasonably needed to satisfy the emergency need. Any amount so approved hereunder for withdrawal shall be paid to the Participant in a lump sum. The withdrawal shall be effective at the later of the dates specified in the Participant's application or the date approved by the Committee. Section 8. Employer Participation: Notwithstanding any other provision of this Plan, the Employer may, subject to the limitations of Section 4, make additional deposits to a Participant's deferred compensation book account as additional Compensation for the services rendered by the Employee to the Employer during any Employment Period, provided the Employee has elected to have such additional Compensation deferred, invested, and distributed, pursuant to this Plan, prior to the period in which the Compensation will be earned. The Employer may make such further deposits to the Plan as the Employer may deem advisable, subject, however, to the limitations set forth in Section 4. MGRO50 A: \MISC\DEFCOMP.PLN 10/7/92 -8- Section 9. Non-assignability: The interest of a Participant in the contractual obligation of the Employer, established by the Plan, shall not be assignable in whole or in part, directly or by operation of law or otherwise, in any manner and no right or interest of a Participant in the Employer's contractual obligation shall be liable for or subject to any obligation or liability of such participant. Section 10. Miscellaneous: 10.1 Status of Participants - Neither the establishment of the Plan nor any modification thereof, nor the establishment of any book account, nor the agreement between the Employer and the Custodian, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the terms of employment of any Employee or Participant be modified or in any way affected hereby. 10.2 Condition of the Plan - It is a condition of this Plan, and each Employee by participating herein expressly agrees, that he shall look solely to the general assets of the Employer for the payment of any benefit to which he is entitled under the Plan. 10.3 Governing Law - This Plan shall be construed, administered and enforced according to the constitution and laws of the State of California. 10.4 Designation of Beneficiaries - Each Participant shall have the right, by written notice to the Employer, to designate one or more beneficiaries to receive any benefit to which said Participant may be entitled in the event of his death prior to the complete distribution of benefits under the Plan. Each Participant shall also have the right, by written notice to the Employer, to change or revoke their beneficiary designation without notice to any beneficiary. If no such designation is in effect on a Participant's death, or if no designated beneficiary survives the Participant, his beneficiary shall be his estate. If no executor or administrator is appointed within six (6) months after the Participant's death, the Employer shall direct said benefits to be paid to the beneficiary or beneficiaries designated in his last will, or if no will, then to the heirs at law of the Participant. MGRO50 A: \M1SC\DEFCOMP.PLN 10/7/92 -9- 10.5 Plan -to -Plan Transfers: (a) A Participant who is no longer an Employee and who subsequently becomes a participant in another plan qualified under Section 457 of the Internal Revenue Code which is maintained by an employer located in California may elect, if the Participant is employed in California, to have the amount credited to his deferred compensation book account transferred to his account in the plan of his new employer, provided that the plan of the new employer provides for the receipt of such transferred amounts. if a Participant's deferred compensation book account has been transferred to such plan, the Participant shall not be entitled to receive any benefit under this Plan, anything in Section 7 to the contrary notwithstanding. (b) If prior to becoming an Employee an Employee participated in a plan qualified under Section 457 of the Internal Revenue Code which was maintained by an employer located in California and who employed such Employee in California, such Employee may elect to have any amount credited to his deferred compensation account under such predecessor plan transferred to the Employer, in which case the Employer shall establish for the Employee a deferred compensation book account under the Plan to which an amount shall be credited equal to the amount so transferred. In all respects such amount shall be treated as an amount deferred under and subject to the terms of the Plan, except that the limitation set forth in Section 4.2 shall not apply. Section 11. Amendment and Termination: 11.1 The Employer may at any time and from time to time by action of its appropriate body as evidenced by an instrument in writing duly executed by the Employer modify, amend, suspend, or terminate the Plan in whole or in part (including retroactive amendments) or cease deferring Compensation pursuant to the Plan, by delivering to each Participant a written copy of such modification, MOROSO A: \MISC\DEFCOMP.PLN 10/7/92 -10- amendment, or termination or of a notice that it ceases deferring Compensation, provided, however, the Employer shall not have the right to reduce or affect the value of any Participant's book account or any rights accrued under the Plan prior to such modification, amendment, termination or cessation. 11.2 In the event of the complete termination of the Plan by the Employer Section 11.1, the value of all Participant's book accounts shall be distributed to the Participant or their beneficiaries in lump sum by the ninetieth (90th) day after termination of the Plan. Section 12. Employer Not Responsible: The Employer may, but is not required to, invest amounts equal to the deferred compensation credited to a Participant's book account pursuant to the Plan in accordance with the requests made by each Participant at the time of enrollment or change in enrollment. The Employer shall retain the right to approve, disapprove, amend or revise such investment requests. Any action by the Employer in investing funds, or approving of any such investment of funds, shall not be considered to be either an endorsement of guarantee of any investment, nor shall it be considered to attest to the financial soundness or the suitability of any investment for the purpose of meeting future obligations as provided in Section 7 of this Plan. Section 13. Deferred Compensation Plan Committee: 13.1 The Deferred Compensation Plan Committee, hereinafter referred to as the "Committee ", shall consist of individuals who are designated by the Employer. The Committee Chairman shall certify to the Administrator the names and specimen signatures of the members of the Committee. As members are replaced and appointed, such changes shall be certified to the Administrator in the same manner. The Administrator may rely in good faith on any directions signed by a majority of the members, or any person(s) designated to represent them. 13.2 The Committee may adopt rules and regulations for the administration of the Plan consistent with the terms of the Plan. The Committee may take action at a meeting or by written resolution. The action of the Committee shall be final and conclusive regarding the exercise of its authority under the terms of the Plan. MGR090 A: \MISC\DEFCOMP.PLN 10/7/92 -11- 13.3 The Committee shall have all powers to perform all duties necessary to exercise its functions including, but not limited to, the: (a) Determination of Employees' eligibility, participation and benefits under the Plan; (b) Establishment and maintenance of written records showing at any time the interest of a Participant in his deferred compensation book account; (c) Interpretation and construction of the provisions of the Plan; (d) Direction of the Employer (or the Custodian on behalf of the Employer) to make disbursement of benefits under the Plan; (e) Selection and review of any investment currently offered or under consideration to be offered as an investment objective under the Plan; (f) Appointment of such agents, advisors, counsel and delegates as may be necessary and appropriate for the administration and operation of this Plan and the delegation to such agent, advisors, counsel and delegates of any of its discretionary and ministerial powers and duties in accordance with this Section; and (g) Composition of and provision to Participants of all forms as described in this Plan. Section 14. Gender and Plurals: The masculine gender shall include the feminine and neuter gender, the masculine pronoun shall include feminine and neuter the singular number the plural, and conversely, whenever appropriate. MGRO50 A: \MISC\DEFCOMP.PLN 10/7/92 -12- INVESTMENT ALTERNATIVES OFFERED BY GREAT WESTERN BANK A. Great Western Bank 'Great Western Bank Certificate of Deposil 'Great Western Bank Index Account ° GW Global Income Money Market Fund ° GW Growth and Income Fund ° GW US Government Money Market Fund ° GW US Government Security Fund ° GW Strategic International Fund B. 20th Century Investors Balanced Investors ° Growth Investors ° Select Investors 'Ultra Investors C. Fidelity Investments ° Fidelity Equity Income 'Fidelity Retirement Growth ° Fidelity Puritan 'Fidelity Magellan 'Fidelity Overseas TO: THE MAYOR AND TOWN COUNCIL FROM: THE DEFERRED COMPENSATION COMMITTEE MARK LINDER, CHAIR TIM BOYER DUINO GIORDANO DONALD ROSS ELIZABETH ROSS VIRGINIA SCHWANER CARLA TURNER DOLORES WEINS SUBJECT: PROPOSED DEFERRED COMPENSATION ACTION DATE: October 15, 1992 The Employee Deferred Compensation Committee has reviewed the recommended staff actions relating to the Town's 457 Deferred Compensation Plan. These proposed actions are on the October 19 Town Council agenda. The Committee is very appreciative of the staff recommendation and asks the Council to adopt it. The Committee understands that the proposed action is to reimburse employees for their out -of- pocket investment only, and not for lost interest or earnings. If Council approves the staff recommendation, the Committee feels the action will enhance protection of employee funds and clearly demonstrate the Council's continued support for employee welfare. The Committee also strongly supports the recommendation to limit the investment options available in the Town's deferred compensation plan. By removing trust deeds as an option and offering only those more conservative alternatives offered by the Town's current administrator, Great Western Bank, the Committee believes that the interest of all concerned will be better served. In summary, the Committee supports the proposed action on the Town's deferred compensation plan and urges Council approval. 1i611Q 1 LL111M1 ML:pm MGRO50 A: \MEMOS \COUNCIL L V1V1l.J ♦�1.111J ATTACHMENT 3 RESOLUTION 1992 -195 RESOLUTION OF THE TOWN OF LOS GATOS AMENDING DEFERRED COMPENSATION ADMINISTRATION PLAN TO LIMIT INVESTMENT ALTERNATIVES WHEREAS, Great Western Bank is the Town's Deferred Compensation Plan administrator; and WHEREAS, the Town wishes to redefine investment alternatives for Plan assets; and NOW, THEREFORE, BE IT RESOLVED that the Deferred Compensation Plan of the Town of Los Gatos is hereby amended as set forth in the attachment so hereafter all Plan assets will be invested only in the alternatives described. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of October, 1992 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Glanton, Brent N. Ventura Mayor Eric D. Carlson NAYES: None ABSENT: None ABSTAIN: None SIGNED: /s/ Eric D. Carlson MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS. CALIFORNIA October 19, 1992 Los Gatos, California BID CONTINUED Motion by Mr. Attaway, seconded by Mr. Blanton, that Council set a public hearing on November 16, 1992 for renewal of the BID. Carried by a vote of 4 ayes. Mr. Ventura abstained. WEDGEWOOD AVE /ABANDONMENT /COURTSTYLE ACCESS (30.09) Council accepted report to continue this item to November 2, 1992 at the request of the Courtstyle Home Owners Association. REFORESTATION PROGRAM /CENTRAL BUSINESS DISTRICT (31.28) Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council direct staff to return with specification allocating available funds for this fiscal year for the Central Business District Reforestation Program. Carried unanimously. Mrs. Benjamin suggested that Mr. Blanton take a request to the Rotary Club and ask if they would consider reforestation of the downtown as a fundraising priority of '"The Great Race" as they have done in the past. Mr. La Rocca, Director of Parks, Forestry and Maintenance, explained that the Rotary Club had already allocated $1,000 of 'The Great Race" fund raiser to this program. BACHMAN PARK /PLAYGROUND EQUIPMENT (32.25) Council accepted report regarding installation of playground equipment at Bachman Park. TRAFFIC IMPACT FEE /STUDY SESSION /RESCHEDULING (33.10) Council reaffirmed Community Services Commission Study Session for October 26, 1992 at 7:30 p.m. The Traffic Impact Fee Study Session will be rescheduled from November 2, 1992 to sometime in the new year. DEFERRED COMP /INVESTMENT ALTERNATIVES /RESOLUTION 1992 -195 (13.10) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992 -195 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING nEwv.RRFn which will include an annual audit of the fund; a report included in the Town Budget; and a semi - annual report to Council on the status of the investment fund from the Deferred Compensation Committee. Carried unanimously. DEVELOPMENT STANDARDS /FAIRVIEW ORDINANCE 1918 (16.15) Motion by Mr. Ventura, seconded by Mr. PLAZA /HISTORIC DISTRICT that Council adopt Ordinance 1918 entitled, THE DISTRICT BOUNDARIES AND MODIFYING THE DEVELOPMENT STANDARDS EFFECTING ZONE CHANGE 89 (FAIRVIEW PLAZA HISTORIC DISTRICTI, which includes the following amendment, "Upon a demonstration of hardship by the applicant, the decision making body may approve an acceptable alternative to the original building material, if use of the original material is unfeasible due to unreasonable cost and commercial availability, or health and safety considerations:' Carried unanimously. TC:D4:MM101992 10