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465 Consider Adoption of Negative Declaration Mayor Mercer asked if the same Councilmember would participate in this item as did the last time based upon that random selection given that Butler, Mercer, and Mohr all still have a financial interest in Amador Savings. Mr. MacDonald advised that based upon consultation with the Fair Political Prac- tices Commission that the same Councilmembers should participate, where there are multiple decisions relating to the same project. Thus Councilmember Mohr, who was randomly selected to review the Bernal Extension Agreement with Amador Savings relating to this project, would be required to participate under the rule of necessity. He also advised that the Councilmember with the Conflict of Interest that is participating must remain silent except for vote. Coun- cilmember Wilson was selected to Chair the meeting. Mr. Swift presented his report (SR 87:542) dated December 15, 1987, regarding this matter. Councilmember Wilson opened the public hearing on the appeal and the nega- tive declaration. Mr. Chris Beratlis, reprsenting Amador Valley Savings and Loan, stated he has juggled his own lot in an attempt to alleviate the elevation problem. He stated he is moving dirt from one location to another on site, so trucks will not be required to haul the dirt off to another site. He advised he met with the homeowners to discuss elevation, fencing, etc. He stated he will replace the fence and has offered to landscape. As a result of the Planning Commis- sion meeting, Lots 1, 2, 3, 4, 7, 8, and 9 will have one story homes. He stated the hours of operation are satisfactory. He presented a rendering showing the 40-ft. setbacks in Phase II, except for Lot 1. He stated he is willing to negotiate with the owners of the Texeira property for the bulk of traffic to use that property for access to the project. He advised there were no objections from the residents of Zinfandel and Malaga. He concluded by stating he would like to work with the homeowners, and that he will build quality homes. Council discussion ensued regarding possible ways to preserve the privacy of the existing homes from the proposed development. Mrs. Roberta Caldwell, 3745 Vineyard Avenue, stated she supports the Beratlis project. She stated her concern is that the Gooch project be ex- cluded from the moratorium; she would like the project to be allowed. It has been restricted until after the road construction begins. She requested this matter be taken into consideration. Mr. Harry Caldwell, 3745 Vineyard Avenue, stated he is in this with Gooch and feels they should have the same consideration as Mr. Beratlis. Councilmember Wilson advised Mr. and Mrs. Caldwell that this matter could not be discussed or considered by Council because it was not an item on the agenda. The following persons spoke in opposition to the application: Ms. Beth McKnight, 824 Sylvaner Drive, presented a petition, signed by 42 residents in the area, which read as follows: - 15 12-15-87