The Press-Tribune from Roseville, California • 1

it CI 101 0 4 ikvtiii i nut jn3 i 66TH YEAR NO. 97 I Oc per copy ROSEVILLE, CALIFORNIA 95678, FRIDAY, NOVEMBER 19, 1971 Phono 783-0451 12 Pages to mm Ui against vMrnim 7 I A law suit is expected to be filed this afternoon in Placer County Superior Court against the City of Roseville asking action for declaratory relief alleging an emergency ordinance passed at Wednesday's council meeting is illegal. The suit is being filed in the names of Fred Garbalino and Elmer Nevis and all others who won property within 150 feet of the center line of any watercourse within the city limits. The council by a 3-1 vote with councilman Dr. F.

Harold Johnson abstaining, passed a 90-day emergency ordinance restricting excavation, filling or grading with 150 feet of the centerline of waterways throughout the city. Williard Dietrich was the no vote with Mayor Baron Reed, L.B. According to a memorandum on the ordinance from City Attorney William Owen the emergency ordinance will automatically expire Feb. 25 unless extended for one year by council votes. Owen said that the law permits only two extensions, therefore the maximum duration of an interim ordinance is two years plus 90 days.

Protestors opposing passage of the ordinance included attorney James Garbolino and former city public works director John Atteberry. Garbolino called the ordinance an "illconceived, missguided, a hasty attempt to thwart small property owners from building structures on their own property." He said the ordinance constitutes "inverse condemnation of every property owner's land which lies Zoning change plea denied Chambliss and Kenneth Royer voting for the emergency measure. The law suit charges that under section 5.03 of the City Code the adoption of the measure is illegal. The code states that ordinances may be given an earlier effective date than the normal 30 waiting period after its enactment by the affirmative vote of not less than three councilmen if three or four councilmen are present at the meeting and by the affirmative vote of not less than four councilmen if five councilmen are present at the meeting. All five councilmen were present at the Wednesday meeting.

The ordinance was adopted, according to councilmen, pending completion of a floodway study by the U.S. Corps of Engineers. Voting in favor of denying the amendment, stemming from a request by the Knights of Columbus to purchase the Seventh Day Adventist Church on Franklin Street for use as a clubhouse, were Councilmen F. Harold Johnson, Kenneth Royer and Mayor Baron Reed. Against the motion were Councilmen L.

B. "Buzz" Chambliss and Willard Dietrich. Larry Mast, representing the Knights of Columbus, spoke on behalf of the Knights, stating they are searching for a centrally located clubhouse and permanent meeting place so they can better serve the community. Mast said he believes the Knights of Columbus have a majority of support from residents living in the area, and that the proposed usage of the building would be compatible to the neighborhood. James Donnelly, a resident, however, protested against the proposed usage of the building, pointing out it is located on one of the narrowest streets in Roseville, which is used by many and possible consumption of liquor on the premises.

Mast, in attempting to make clear the Knights' usage of the building, stated that the KC's wish a central meeting location to help them be of more service and also for their benefit as they need a meeting place within the city. He said the Knights recently were trying to find a facility to sponsor a Boy Scout troop, but could not find a facility to use. GAS STATION MAP PLAN Assemblyman Eugene A. Chappie looks at gas station maps presented to him outlining his proposed reapportioned Sixth Assembly District. Under the plan he'll lose approximately 10 square miles of Placer County, including the Cities of Roseville and Lincoln.

(Press-Tribune photo) Chappie outlines assembly remap An amendment to the city's zoning ordinance to allow church, church related or sanctioned youth activities in single family residential zones was denied this week in a 3-2 vote by councilmen. Unusual site for ceremony James Carlisle, 38, of Auburn was sworn in last night as a director of the Placer National Bank. Unusual to the ceremony was the fact Carlisle is confined to a bed at Roseville Community Hospital after undergoing surgery for a fractured hip suffered while responding, as an Auburn volunteer fireman, to an alarm Monday night. As Carlisle was scheduled to be sworn in as a bank director last night, his confinement to a hospital bed did not stop officials of Placer National Bank from carrying out the porced-ures. Officials of the bank visited his bedside to swear him in as a member of the board of directors.

Present for the ceremony were John Raffetto, president of the bank; C. Doulton Burner, vice president; Ray Fisher, executive vice president, and directors Geoffrey Igarashi, Ben Ruhkala and Ruben Carlisle, who holds the rank of lieutenant in the Auburn Volunteer Fire Department, was operated on at Roseville Community Hospital Tuesday afternoon. He had fallen on his left side as he stepped from a fire truck when it rolled up to an alarm which turned out to be a "smoke scare" on Lincoln Way in Auburn. In addition to being in business with his father as a certified public accountant, Carlisle is president of the Auburn Rotary Club, a member of the executive board for the Golden Empire Council of Boy Scouts of America, an "Outstanding Man of the Year," as selected by the Auburn 20-30 Club, a member of the Placer Joint Union High School Board and past member of the Auburn Elementary School Board. During a discussion on usage of the building, City Attorney William Owen pointed out that the way the amendment was written, the Knights of Columbus "couldn't rent out the building to the Hells Angels for its annual Christmas Party." Planning Director Leo Cespedes said he "still feels strongly against" the proposed usage of the building in that the usage would be incompatible with the area.

Dr. Johnson, stating he is not opposed to the Knights of Columbus, but is opposed to the proposed usage of the building, called it a "shotgun approach" to usages in the community. "The requirements are too broad to ask us to change the requirements of the city for this one particular usage," he said. Royer said he is against making any change to the ordinance, and Mayor Reed declared it would set a precident to other residential areas. The Planning Commission had recommended approval of the amendment following a public hearing held Oct.

14, stating it felt the proposed usage is a comparable use to church groups. Willoughby resigns commission post W. Jackson Willoughby today resigned his position as chairman of the Roseville planning commission and also as district chairman of the Boy Scouts. Willoughby, who has served some three years as a member of the planning commission, was appointed chairman of the commission last month following the resignation of John Zannon. In issuing his resignation Willoughby said, "I cannot continue to represent the city as chairman of the planning commission when the city council takes positions which are so diametrically opposed to my philosophy of government." within 150 feet of the center of water-lines of water courses as defined in the ordinance." "It's so overboard it's unconstitutional" he said.

Garbolino, an attorney with the State Attorney General's Office in Sacramento, emphasized that he was speaking for himself as he owns property which would be affected by the ordinance. He said he feels there are several weaknesses in the ordinance and questioned the wisdom of the city in allowing the city to be exempted from operation of the ordinance. "It's a high-handed attempt to stop somebody from developing their property on which they already have a contract to develop," Garbolino asserted. Atteberry, who was public works director when the city council attempted to pass a flood plain ordinance several years ago, said he "recognized the ordinance, parts of it, but can see administrative problems that are insurmountable." He said he is in favor of what the city is trying to do, but is objecting to the way in which the city is going abo: doing it. Garbolino asked that the council take no action on the ordinance in that he saw an apparent conflict of interest on the part of Dr.

Johnson, who owns property boarding a creek. Dr. Johnson abstained from voting said he wanted to reserve the right to vote differently when the issue arises again and there is evidence that there is not a conflict of interest. The ordinance prohibits the construction of placement of any structure, unless prior to the effective date of the ordinance a grading permit has been issued for such excavation, grading or filling pursuant to Chapter 70 of the Uniform Building Code of 1970. Depositing of rubbish: Planting of any form of flora, other than grasses, annual crops or decorative shrubs.

Atteberry said he interprets "watercourse," as defined in the ordinance, any little drainage area in the ciw that carries water. His home is next to one of those drainage ditches. "It means I can't put up a tree, build a fence or put up a tool shed within 150 feet of this drainage area," he said. Owen pointed out, however, that construction would be permitted within 150 feet of a waterway with issuance of a use permit upon justification by a property owner that his property is not affected by flooding. Nixon issues challenge to labor leaders MIAMI BEACH, Fla.

(LTD -President Nixon threw away the speech he prepared for the AFL-CIO convention today and told the labor leaders he was giving it to them "straight from the shoulder" that he was going to make his economic program work with or without labor's help. "It is my obligation to make this program succeed and to the extent of my powers I shall do that," the chief executive told the nation's labor chieftains in a bold and emotional talk. Nixon told a quiet audience, which applauded only lightly when he entered the hotel ballroom, that despite political differences he knew "the majority of workers are for America and for a strong national defense." He said at the outset that he stood by his remarks which had been handed out to the press in advance of his sx'ech. In those remarks the President told the labor leaders his wage and price controls would produce a "period of sustained prosperity that will repay many times over any immediate sacrifices that any setment of the American work force is called upon to make." Nixon spoke with intensity, and somewhat excitedly. But he managed a slight smile when he entered the lion's den of his severest critics.

He was welcomed at the door by AFLCIO President George Meany, who had attacked Nixon sharply Thursday and accused him of resorting to "totalitarian" methods "I'm here today to ask your support for the building of a lasting peace and the building of a new prosperity," Nixon told the big labor audience. He saiil he is often asked "what is wrong with the old prosperity," and said, "I'll tell you what is wrong war and inflation Nixon said that he was asked why he had decided to come speak before the convention which has blasted his xil icies. He said his reply was that he knew when the chips were down he could count on labor's support for his Hihcies. THE INSIDE STORY Ann Landers Page 4 Birthdays Page 2 TV Log Page 10 Horoscope Page 2 X-Word Puzzle Page 10 Sports Page 9 Women's Page 4 Churches Page 8 "All I've ever seen is gas station maps. I'm sick and tired of seeing Union 76 maps.

I told them I'd like to see some Shell maps," he said. Under the reapportionment plan, Chappie is scheduled to lose approximately 10 square miles of Placer County to the Eighth Assembly District, North Sacramento. The area to be given to Assemblyman Walter Powers of North Sacramento is boardered by the Placer-Sutter Counties line on the west, Wise Road on the north and Sierra College Boulevard on the east. It includes both the Cities of Roseville and Lincoln. Roseville is the second largest city in the Sixth Assembly District.

The largest is the City of South Lake Ta-hoe. "When I've worked seven years in a community and accomplished a few things for it, I don't like to loose it," Chappie asserted. Chappie said he feels it would be more logical to take a smaller county out of the Sixth Assembly District rather than splitting Placer County in order to maintain the continuity and community interests of the area. "I've tried to impress this on the committee and chairman," he said, stating he doesn't feel they will be sympathetic to his wishes. "With pressures around us I doubt if I'll be able to regain (the portion to be lost) Placer County," he said.

Chappie explained that because of pressures from the San Joaquin Valley and Sacramento area, "there is no place to go for the bodies." "The three Sacramento Assembly Districts are short. All of the San Joaquin basin is short. They have to reach out to get more bodies," he said. Chappie declared his Sixth Assembly District is currently 16,000 in population over reapportionment requirements and that "when they start shuffling around I'll end up with 62,000 short. Therefore, I have to reach out to San Bernardino County to pick it up." Most recent reapportionment plans, in addition to eliminating Roseville, Lincoln and about half of Yuba County from the Sixth Assembly District, would give parts of Merced, Kern and Sim Bernardino Counties to Chappie.

The southerly most point of his district currently is Inyo County. A new ball game, however, has entered the reapportionment picture with the upset victory of Republican Bill Brophy in a special Ixis Angeles Assembly race. "Uist week our motto was 43-37 or Veto," he said, referring to the Democratic Republican split in the Assembly. This week, with the election of Brophy, the figures have changed to 42-31). by Jim Janssen Press-Tribune News Editor A related story on Page 3 As of 9 a.m.

yesterday everything "had gone to hell in a hand basket" as far as the State Assembly's reapportionment plan, according to Rose-villo's representative, Eugene A. Chappie, of the Sixth Assembly District. "As of this moment negotiations have broken off. I think the Democrats will put out their (reapportionment) bill, which certainly will not get enough Democratic votes to push it onto the (Assembly) floor. If they do (get enough votes) the Governor is going to veto it," Chappie said in an interview to this reporter yesterday afternoon.

Chappie explained that during a caucus at 9 a.m. yesterday the Democrats "didn't want to talk about the cosmetics of the reapportionment plan." "Cosmetics" refers to the general look of an Assembly District, particularly toward continunity and community interests. "Cosmetics is a very important factor, particularly with the Sixth Assembly District. Yet, the majority party refuses to recognize this, Chappie said. Chappie expects the Democrats to present their reapportionment plan to the Assembly floor as soon as Monday.

"If the Governor should veto the bill, and it goes to the courts, I don't know what will happen. It'll be completely a different situation," he said, showing this reporter a common gas station map presented to him outlining his new Assembly District. Foreign aid bill lives again WASHINGTON (LTD America's foreign aid program, killed Oct. 29 in a surprise Senate vote, was alive again today. Both the House and the Senate gave final approval Thursday to a resolution authorizing foreign aid to continue at the annual rate of $2.67 billion until Dec.

8. By that time, administration officials hope Congress will have enacted permanent legislation to continue the program. The House passed the resolution 344 to 2d and the Senate approved it on a voice vote. The temporary measure also authorizes the Defense Department, Office of Economic Opportunity, and the District of Columbia government to continue spending at current levels. Their spending authority officially expired at midnight Monday because Congress had not enacted new appropriations.

The House also Thursday resurrected its $3.4 billion foreign aid bill that the Senate killed in October. In a maneuver that was Ix-lieved to be unprecedented, the House voted 2G9-115 to revive the bill and send it to a joint Senate House conference committee. Since it killed the House bill, the Senate has passed two foreign aid bills, separating economic and military assistance. One provides $1.14 billion for economic aid and the other $15 billion for military aid, If J' I I 'J I A i rr- 1155 1 IV-' Vr ii cj V- Weather High Low Yesterday Today Roseville 70 37 FORECAST Fair through Saturday; high today Mi 75; low tonight 35 38; gusty north winds 15 30 miles per hour decreasing Saturday. Sierra Nevada: Fair and slightly warmer days through Saturday'; gusty east to northeast winds today.

Sunset tonight 4.50. sunrise tomorrow ti 53. sunset tomorrow 4 Txt SIDi: CKKKMONY Officials of Placer National Hank visited the bedside of James Carlisle at Itoseville Community Hospital to swear him in as a new director of the hank. Participating in the ceremonies last night wore, from left, C.offrey Igarashi, director; Hen Ituhkala, director; Kubon Kuhkala. director; Hay Fisher, executive vice president; C.

Doulton Hurncr vice president, and John Uaf-fetto, president. (Press-Tribune photo).