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authorizing the Mayor to execute the agreement, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, and Mayor Mercer NOES: None ABSENT: None ABSTAINED:Councilmember Wilson Mr. MacDonald advised that Councilmember Wilson could participate in dis- cussion regarding rescinding of the Vineyard Avenue moratorium. Councilmember Wilson asked staff to define "start of construction". Mr. MacDonald stated it was the award of contract and a bonded improvement agree- ment for the street work. After further discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Butler, not to rescind the Vineyard Avenue moratori- um at this time, but let it absolve itself with the commencement of construc- tion of Berna] Avenue extension. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, and Mayor Mercer NOES: Councilmembers Mohr and Wilson ABSENT: None Agreement with Frank Auf der Maur et al for construction of and partial reim- bursement for Bernal Avenue between Stanley Boulevard and Del Valle Parkway Mr. MacDonald advised that Mayor Mercer and Councilmembers Butler and Mohr own stock in Amador Savings which constitutes a Conflict of Interest relative to this item, and that Councilmember Wilson has a Conflict of Interest because the Kottinger Ranch development cannot proceed until construction has com- menced on Bernal between Del Valle Parkway and Stanley Boulevard. He stated a new random selection would have to be taken. Councilmembers Mohr and Wilson drew the ballots to participate in the item. Councilmember Butler and Mayor Mercer abstained. Councilmember Mohr took over Chairing the meeting. Mr. Swift presented his report (SR 88:68) dated February 16, 1988, regard- ing this matter. Mr. Swift requested that an amendment be made to the agreement adding anew Section 3.b.(4) providing that City and Auf der Maur would split the incremen- tal cost of the water line to the extent it exceed 12 inches in diameter. Mr. Martin Inderbitzen, Attorney, 62 W. Neal Street, representing the Lin family, stated he has a concern as it relates to the obligation of the Kot- tinger Ranch. He would like to see a fee of $259.00 per unit put on the im- provements at the back of the ranch with the total fees capped at $20,000. He stated he has talked to Mr. Swift regarding this matter. Mr. Swift suggested he talk to the attorney representing Mr. Auf der Maur. Mr. Inderbitzen stated he had not had an opportunity to talk to Mr. Corley, and would like to have this matter continued until discussions have taken place. Council suggested Mr. Inderbitzen meet with Mr. Corley at this time while Council goes on with the agenda, and come back to this item later. Modification to Housing and Community Development (HCD} Program Funding for Fiscal Year 1987-88 11 - 2-16-88