Oakland Tribune from Oakland, California • 7

qt' yu i jt 0 t' 1 4 -v -I sr nTv? -T J- sr. 1' 0aklanb2i2rib une Oct. 20, 1 972 7 Landlord Sued Over Ecuadorean Heart Girl Doing Fine Berkeley Rent Law SAN JOSE (AP)-A 16-year-old girl from Ecuador who faced early death from a defective heart has a chance at a full life now, thanks to some big-hearted Americans. Maria Elena Palacios was doing just fine, her doctors said, after 2 hours of open heart surgery yesterday at Valley Medical Center to replace a defective valve. Surgeons, nurses and technicians who performed the deli cate operation donated their services.

Four California mountain climbers who stopped by Marias aunts home in Quenca, Ecuador, found Maria had heart trouble which stemmed from a case of rheumatic fever at age 6. For 10 years she has been unable to run, dance or do other strenuous activities with her friends. Maria was given only two to eight years to live, said Ted Lison, a Stanford Research Institute engineer, one of the climbers who first met her. He arranged for her medical records to be sent here where doctors said he required the surgery within three to six months. Marias uncles pooled their money to bring her here and she lived with Listons family while awaiting the operation.

The prospects are good for a normal life, said Dr. Rob ert Wuerflein, a member of the surgical team. He said she was doing fine and barring complications should be walking within the next few days. Maria must return for a checkup after one month and three months, he said, then she plans to return to her home in Ecuador. Maria is one of six children.

Her father earns a dollar a day. BERKELEY Three Berkeley women have filed the first damage complaint against a landlord under the citys new rent control charter article. Charging that the Security National Bank illegally raised their rents, each of the trio is asking for $200 damages, the fine prescribed for violators by the rent control law. The suits status is muddled by two factors. First, the rent law itself is under legal challenge in a suit file this week by a half-dozen Berkeley landlords, with a hearing set for Oct, 30 in Alameda County Superior Court.

Secondly, a Security National Bank spokesman says the bank isnt necessarily the landlord. The bank is the process of foreclosing on the BCDC Scans New Impact Problems 5.4 Pet. Pay Hike For U.C. Profs OK'd Paid Holiday Bay Smog Chief to Ruling Put off for Year Answer Charges 1 By NORM HANNON Tribune Staff Writer The Bay Area Air Pollution received and studied prevent- LOS ANGELES (AP) -University of California regents today approved a $1.01 billion operating budget for the 1973-74 fiscal year and a 5.4 per cent salary increase for faculty members. Approval was voted after the board heard brief objections from representatives of the faculty and students and some regents.

ed Calllaghan from replying. He said he couldnt immediately find the language he re-' ferred to. Jelavich disputed St. Clairs interpretation and several directors Peter R. Ar-rigoni of Marin County made mortgage of the apartment house owner, who still might catch up on his loan and resume management.

Attorneys Barbara Dudley and Jeff Carter filed the suit in Berkeley-Albany Municipal Court Wednesday on behalf of Mary White, Sandra Baze-more and Barbara Florian, who each have apartments at 2925 Wheeler Street. The three women say that in July, after Security National took over the building, a bank agent agreed to lower their rents to $115 monthly, $25 to $40 less than what they had been paying their landlord. In September, they say, the bank told them the rents would be raised to the previous levels. They contend that the $115 must stand, since the rent control article went into effect on Aug. 2.

The person we sent to the apartment was a low-level employe from our collection department, says Tom Stark, bank executive vice president and brother of Fortney H. (Pete) Stark, a candidate for U.S. Congress. He had a list of rents provided by the landlord, but some of the tenants argued that they had been paying only about half as much. So he agreed to the $115 as a compromise.

Frankly, we dont know whom to believe, the landlord or the tenants. Were not out to test any law, we just intend to collect whatever the rents were, and that can be easily established by checking rec- ords. The suits legal target is unclear, says Stark, because the property is now handled by a court-appointed receiver. If we are designated as the defendants, we possibly might ask for a change of venue to Walnut Creek, since thats where our headquarters is located, says Stark. Stark says that if a fine is levied, it ultimately might become part of the lien on the property to be paid by either the bank or the previous landlord, whichever finally becomes the owner.

The womens attorneys are 1971 graduates of the University of California School of Law who now work for the Berkeley Tenants Organizing Committee. Court Bans Evidence in Drug Raid The boards finance committee had recommended ap-1 proval at the opening session of the regents meeting yesterday. The 1973-74 budget represents a boost of $105.13 million over the current budget President Charles Hitch of U.C. had said that the last several budgets were halfhearted affairs which compromise our' past as they did our future. The budget includes in state money and $200,179,000 in federal funds with the balance coming from university funds, health science government and private grants, endowments and gifts.

The proposed increase in salaries was aimed at bringing U.C. to parity with other major universities, Hitch told the regents. Fringe benefits of faculty members also would be increased from 12.75 per cent to 16 per cent of average salary. The increases would raise the regents contribution to the retirement fund from 11.4 per cent to 12.4 per cent of salary and the regents contribution to health insurance from $16 a month to $25 a month per faculty member, provisison of life insurance coverage and two times annual salary, and provision of disability An Alameda County Superior Court ruling that might have affected all state employes paid time off on Jewish holidays was deferred yesterday. Shelley Mandel, 23, an employe of the State Department of Health in Berkeley, won a tentative victory in her suit seeking a paid day off to ob- serve Yom Kippur when Presiding Judge Robert L.

Bostick ruled in her favor with the understanding that she might be required to return the money if the court was not upheld in the final Yesterday, at a session in the judges chambers, attorneys for both sides agreed to-a stipulation that the case be taken off the court calendar for the rest of this year. During that time, Miss Man-del will exhaust administrative appeal procedures up to and including the State Personnel Board, the final appellate body for state workers. Previously, Miss Mandel had sought administrative action no higher than her departmental chiefs original decision not to grant her the paid holiday. A decision in her favor, from either the state personnel board or Judge Bostick, would extend similar paid-holiday benefits to all the states Jewish employes, according to Miss Mandels attorney, Richard Kaplan. Kaplan said that if the case returns to court through a denial of Miss Mandals appeal by the state hoard, he intends to bring in as co-defendants the state controller, the governor and the personnel board itself.

Bay shoreline, but has exercised this mainly to require to guarantee public the Bay, or working reserve choice waterfront for maritime future, Bodovitz said, must take a view of applications, assessment of and similar problems waterfront developments. impact statements required private developments under the Courts recent Mammoth -decision County. said another, even decision case called Environmental Defense Fund versus Coastside County Water in San Mateo spelled out the comprehensive information an environmental statement must major ruling yesterday, ruled that any structure which cantilevers over Bay water classified as a Bay-fill and will be judged tougher set of rules normally be applied shoreline project. recent applicants buildings hanging water as a way to space. In the future, said, such applicants have "to show are oriented to let sunlight reach tidelands.

Control Districts board of directors yesterday gave the districts chief administrative officer, D. J. Callaghan, six weeks to prepare a response to charges brought against him earlier this year by Director William Jelavich. Jelavich, a Mountain View councilman, charged in a 66-page document that Callaghan, among other things, has exhibited a clear and pronounced sympathy for the interests of industrial polluters, and has actively aided and abetted industry efforts to influence district policies. The dispute has been festering ever since and Callaghan had issued no reply, except to categorically deny the charges.

More coloring was added to the dispute by Callaghans subsequent effort to get Matthew Walker, the districts lawyer, fired for what Callaghan called insubordination. Walker was retained, but has since taken a legal job with the Environmental Protection Agency. At yesterdays meeting, Jelavich called on Callaghan to respond to the long-standing charges, but Chairman Robert St. Clair, San Mateo County supervisor, intervened, saying Callaghan would be justified in not responding because of a previous action by the board. He said that language in a resolution the board has passed to prevent any personnel changes until the management consultants report was By FRED GARRETSON Tribune Staff Writer The San Francisco Bay Conservation and Development Commission, which probably is the only government agency in California which has always made environmental impact statements on construction projects, is having a special problem with environmental protection laws.

The state law creating BCDC in 1965 said a proposed project is i approved automatically unless the commission votes within 90 days after an application is filed. A 90-day period simply isnt enough time to make the kind of detailed environmental impact studies on major projects which are required under two recent decisions by the California State Supreme Court, according to the BCDC staff. The commission yesterday voted to give broad discretionary powers to Joseph Bodovitz, the commissions executive director to solve the problem. A permanent set of rules will be considered at BCDCs Dec. 7 meeting.

The commission gave Bo-dovitz power to determine whether a project will have a significant or trivial impact on the environment of the Bay and the shoreline. If he rules an application significant, then a full, expensive environmental impact report must be prepared. If Bodovitz rules an application trivial, then he can issue a Bay fill or shoreline construction permit without a public hearing or an environmental impact report. The commission also gave Bodovitz the legal authority to rule that an application hasnt bees completely filed until the applicant has submitted a still undetermined amount of data which the BCDC staff will need to make an environmental impact statement. In effect, the developer will have to make and pay for most of the environmental studies.

The clock wont start running on the 90-day consideration period until Bodovitz is satisfied that the developer has supplied all the infortna-tion the staff wants. Bodovitz characterized environmental impact laws as the look-before-you-leap statute and the full disclosure statute. BCDC exercises zoning authority in a 100 foot wide strip along the in the past authority developers access to to locations industry. In the the commission much broader including air pollution in Environmental are the Supreme Friends of in Mono Bodovitz more significant, came in a the District, County, which kind of which impact contain. In another BCDC proposed out shall be project under a than would to a Several have proposed over the increase floor Bodovitz will buildings life-giving marsh plant Felon To TEHACHAPI mate at the was other inmates after he was from San say.

Leonard stabbed in an incident stemmed by two A judge has criticized narcotics agents and agreed to suppress evidence from a drug raid last April in which an agent shot and killed a Northern California man. U.S. District Court Judge William T. Sweigert said yesterday the raiding officers had violated federal laws requiring that agents can break into a house only after they give notice of authority and purpose and then are refused entry. He banned court use of evidence seized in a helicopter raid on a Garberville ranch where a fleeing man Dirk A.

Dickenson, 24, was shot by a narcotics officer after an agent landed in a helicopter for a narcotics search. Sweigert ordered evidence suppressed in the upcoming trial of six persons accused of conspiracy and drug manufacture and possession. It said that Callaghan has consistently and successfully attempted to influence major policy decisions by providing false, misleading and onesided, or undocumented infor- mation and reports to the' board and advisory council. The Assembly Environment Committee, chaired by As-, semblywoman March D-Oakland, also called for a response to the charges to be presented at a committee meeting in San Francisco next week but the meeting has been postponed until after the November election. Private Schools Close WASHINGTON About 5.3 million children attend nonpublic schools in the United States, but almost 500 such schools are closing each year.

Moved From Quentin Tehachapi Found Slaip Our m- um security unit, said' Fred Johnson, administrative assistant to the prison superintendent. Johnson said several prisoners were being questioned in the stabbing, and added two prison-made knives had been confiscated. But no one was being held in the stabbing. Arias, a native of Stockton, was sentenced to a six-month to 15-year term in Santa Barbara County in 1967 for voluntary manslaughter. (AP)-An California Correctional Institution at Techa-chapi stabbed to death by only one day transferred here Quentin Prison, officials J.

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