volume 97 no. 18 on the internet: ... bin laden’s hideout and of the planning and execution of the...

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Volume 97 No. 18 On the Internet: www.carmelpinecone.com Y OUR S OURCE F OR L OCAL N EWS , A RTS AND O PINION S INCE 1915 May 6-12, 2011 PHOTO/PAUL MILLER An 8-year-old girl who sustained serious cuts crashing through a glass door at a downtown inn is hurried to a medical heli- copter at Larson Field Wednesday. (LEFT) WHITE HOUSE PHOTO BY PETE SOUZA, (RIGHT) CIA PHOTO THE RAID that killed Osama bin Laden in Abbottabad, Pakistan, Sunday was one of the greatest intelligence successes in U.S. history, and Carmel Valley resident Leon Panetta, director of the Central Intelligence Agency, was at the center of the effort that identified bin Laden’s hideout and of the planning and execution of the top-secret incursion that killed him. According to the White House, as NavySEALs moved in, a concerned Panetta (right photo) was at the CIA’s headquarters in Langley, Va., mon- itoring incoming video and providing commentary for President Barack Obama and other top officials. Later, when the raid had reached its successful conclusion, a more relaxed Panetta joined Obama and his national security brain trust in the White House situation room (left photo). As soon as the details of Panetta’s role in the momentous achievement began to sink in, Monterey Peninsula residents started brainstorming ways to honor him, including the possible re-naming of the airport in Panetta’s honor. PHOTO/CALTRANS Caltrans is using heavy equipment at the top of a mammoth landslide to help reopen Highway 1 as quickly as possible. And if you think it looks dangerous, you're right. See page 7A. An honored place in the history books CALTRANSBRINKMANSHIP See MARGARITA page 11A Margarita man’s Smithsonian adventure By KELLY NIX IF YOU were one of the millions of Americans this week who loosely celebrated Cinco De Mayo by sip- ping a margarita — one of the most popular alcoholic beverages in the United States — you may want to thank Mariano Martinez. The Dallas, Texas, restaurateur, who has a home in Pebble Beach, invented the frozen margarita machine 40 years ago. Mariano, a 10th-grade dropout, opened his first restaurant, Mariano’s Mexican Cuisine, in Dallas when he was 26 years old. It was the city’s first upscale Tex- Mex establishment. GIRL CUT BY GLASS DOOR, FLOWN TO TRAUMA CENTER PINE CONE STAFF REPORT A CALSTAR helicopter landed on Larson Field Wednesday afternoon after an 8-year-old girl ran through a sliding glass door at a Carmel hotel and was badly cut, according to accounts of the accident. At 1:20 p.m. May 4, Carmel Regional Fire Ambulance responded to the Carmel Bay View Inn on Junipero Street, where a paramedic determined the cuts were severe enough that the girl should be flown to a trauma center. While students watched from the adjacent Junipero Serra School, a blue and white California Shock/Trauma Air Rescue helicopter landed on a baseball field just beyond third base. When the ambulance arrived, the girl’s mother hurried to the helicopter while paramedics prepared her daughter for the trip. Wearing an oxygen mask and with her head secured in a straight-ahead position, the girl was loaded into the chopper, which immediately took off for Santa Clara Valley Medical Center. The girl and her family were visiting from New York, and her father is reportedly First Secretary of Argentina to the United Nations. According to Carmel Police Sgt. Paul Tomasi, while her mother accompanied her to the trauma center, the girl’s father and brother stayed behind in Carmel. Sgt. Ken Shen reported Thursday that the girl is “recover- ing well” but will have to undergo another surgery Friday. Davi: From regulating real estate to selling it Former real estate commissioner becomes agent with CBDMR By PAUL MILLER HIS SEVEN years as California’s commissioner of real estate were tumultuous, to say the least. “Like an intense waterfall,” Jeff Davi says of his unprece- dented tenure, which included a big upswing in prices, fol- lowed by an historic crash and then an avalanche of foreclo- sures and fraud. Appointed by Gov. Arnold Schwarzenegger in October 2004 to head an agency that licensed more than 500,000 real estate agents and mortgage brokers, Davi left office last week. A Monterey native, he announced Thursday he’ll be joining Coldwell Banker Del Monte Realty, where his Sacramento resume will quickly make him one of the com- pany’s most valued brokers. “I’ve seen a lot of things, and I’ll bring the experience of Council halts work on new sexual harassment policy Should whistling, winking and staring be against the law? By MARY BROWNFIELD IN THE wake of the sexual-harassment lawsuit that cost $600,000 to settle and led former city administrator Rich Guillen to retire, the Carmel City Council decided to update the city’s policy on sexual harassment. But after months of discussion and five drafts, the resulting document was “over-lawyered,” “too cum- bersome” and “not to the ben- efit of the employees or the atmosphere we’re trying to achieve,” city attorney Don Freemen told the council May 3. As a result, he recom- mended dumping the draft document, keeping the existing policy in place and starting over again in the fall. In justifying his recommendations, Freeman mentioned a couple of areas he found problematic, such as the effort to define every sort of behavior that could be construed as harassing. “If you add the word, ‘whistling,’well, then, how about ‘winking?’ How about ‘staring?’ How about ‘frowning?’” he asked. “All of those could be considered harassment in the policy.” Instead, it should be more general, he said. Freeman also raised the issue of favoritism. If two people were vying for a position and the city administrator hired one and then took the person out to lunch to celebrate, the other could allege favoritism, he said. He also estimated the effort has cost taxpayers roughly $8,000, since an outside attorney, Jon Giffen of Kennedy, Archer & Harray, was hired to work on the policy. Freeman decided not to have Giffen attend Tuesday’s meeting, because, “I didn’t want to see the city spend any more money.” City workers and taxpayers would be better served by adhering to the existing rules, anyway, according to Freeman. “It’s not the policy that’s the problem,” he said. “It’s actu- ally the training and the following and the early enforcement of the policy that we’re trying to resolve.” Representing the general employees, city administrative coordinator Margi Perotti said her group agreed with Freeman. See POLICY page 12A Have the complete Carmel Pine Cone delivered every Thursday evening to your iPad, laptop, PC or phone. Free subscriptions available at www.carmelpinecone.com A document that was seriously ‘over-lawyered’ See DAVI page 22A

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Page 1: Volume 97 No. 18 On the Internet: ... bin Laden’s hideout and of the planning and execution of the top-secret incursion that killed him. According to the White House, as Navy SEALs

Volume 97 No. 18 On the Internet: www.carmelpinecone.com

Y O U R S O U R C E F O R L O C A L N E W S , A R T S A N D O P I N I O N S I N C E 1 9 1 5

May 6-12, 2011

PHOTO/PAUL MILLER

An 8-year-old girl who sustained serious cuts crashing througha glass door at a downtown inn is hurried to a medical heli-copter at Larson Field Wednesday.

(LEFT) WHITE HOUSE PHOTO BY PETE SOUZA, (RIGHT) CIA PHOTO

THE RAID that killed Osama bin Laden in Abbottabad, Pakistan, Sunday was one of the greatest intelligence successes in U.S.history, and Carmel Valley resident Leon Panetta, director of the Central Intelligence Agency, was at the center of the effort thatidentified bin Laden’s hideout and of the planning and execution of the top-secret incursion that killed him. According to theWhite House, as Navy SEALs moved in, a concerned Panetta (right photo) was at the CIA’s headquarters in Langley, Va., mon-itoring incoming video and providing commentary for President Barack Obama and other top officials. Later, when the raid hadreached its successful conclusion, a more relaxed Panetta joined Obama and his national security brain trust in the White Housesituation room (left photo). As soon as the details of Panetta’s role in the momentous achievement began to sink in, MontereyPeninsula residents started brainstorming ways to honor him, including the possible re-naming of the airport in Panetta’s honor.

PHOTO/CALTRANS

Caltrans is using heavy equipment at the top of a mammothlandslide to help reopen Highway 1 as quickly as possible.And if you think it looks dangerous, you're right. See page 7A.

An honored place in the history books

CALTRANS’ BRINKMANSHIP

See MARGARITA page 11A

Margarita man’sSmithsonian adventure

By KELLY NIX

IF YOU were one of the millions of Americans thisweek who loosely celebrated Cinco De Mayo by sip-ping a margarita — one of the most popular alcoholicbeverages in the United States — you may want tothank Mariano Martinez.

The Dallas, Texas, restaurateur, who has a home inPebble Beach, invented the frozen margarita machine40 years ago.

Mariano, a 10th-grade dropout, opened his firstrestaurant, Mariano’s Mexican Cuisine, in Dallas whenhe was 26 years old. It was the city’s first upscale Tex-Mex establishment.

GIRL CUT BY GLASS DOOR, FLOWN TO TRAUMA CENTERPINE CONE STAFF REPORT

A CALSTAR helicopter landed on Larson FieldWednesday afternoon after an 8-year-old girl ran through asliding glass door at a Carmel hotel and was badly cut,according to accounts of the accident.

At 1:20 p.m. May 4, Carmel Regional Fire Ambulanceresponded to the Carmel Bay View Inn on Junipero Street,where a paramedic determined the cuts were severe enoughthat the girl should be flown to a trauma center.

While students watched from the adjacent Junipero SerraSchool, a blue and white California Shock/Trauma AirRescue helicopter landed on a baseball field just beyondthird base. When the ambulance arrived, the girl’s motherhurried to the helicopter while paramedics prepared herdaughter for the trip. Wearing an oxygen mask and with herhead secured in a straight-ahead position, the girl was loadedinto the chopper, which immediately took off for Santa ClaraValley Medical Center.

The girl and her family were visiting from New York, andher father is reportedly First Secretary of Argentina to theUnited Nations. According to Carmel Police Sgt. PaulTomasi, while her mother accompanied her to the traumacenter, the girl’s father and brother stayed behind in Carmel.

Sgt. Ken Shen reported Thursday that the girl is “recover-ing well” but will have to undergo another surgery Friday.

Davi: From regulatingreal estate to selling it■ Former real estate commissioner becomes agent with CBDMR

By PAUL MILLER

HIS SEVEN years as California’s commissioner of realestate were tumultuous, to say the least.

“Like an intense waterfall,” Jeff Davi says of his unprece-dented tenure, which included a big upswing in prices, fol-lowed by an historic crash and then an avalanche of foreclo-sures and fraud.

Appointed by Gov. Arnold Schwarzenegger in October2004 to head an agency that licensed more than 500,000 realestate agents and mortgage brokers, Davi left office lastweek. A Monterey native, he announced Thursday he’ll bejoining Coldwell Banker Del Monte Realty, where hisSacramento resume will quickly make him one of the com-pany’s most valued brokers.

“I’ve seen a lot of things, and I’ll bring the experience of

Council halts workon new sexualharassment policy ■ Should whistling, winking and staring be against the law?

By MARY BROWNFIELD

IN THE wake of the sexual-harassment lawsuit that cost$600,000 to settle and led former city administrator RichGuillen to retire, the Carmel City Council decided to updatethe city’s policy on sexualharassment. But after monthsof discussion and five drafts,the resulting document was“over-lawyered,” “too cum-bersome” and “not to the ben-efit of the employees or theatmosphere we’re trying toachieve,” city attorney DonFreemen told the council May3.

As a result, he recom-mended dumping the draftdocument, keeping the existing policy in place and startingover again in the fall.

In justifying his recommendations, Freeman mentioned acouple of areas he found problematic, such as the effort todefine every sort of behavior that could be construed asharassing.

“If you add the word, ‘whistling,’ well, then, how about‘winking?’ How about ‘staring?’ How about ‘frowning?’” heasked. “All of those could be considered harassment in thepolicy.”

Instead, it should be more general, he said.Freeman also raised the issue of favoritism. If two people

were vying for a position and the city administrator hired oneand then took the person out to lunch to celebrate, the othercould allege favoritism, he said.

He also estimated the effort has cost taxpayers roughly$8,000, since an outside attorney, Jon Giffen of Kennedy,Archer & Harray, was hired to work on the policy. Freemandecided not to have Giffen attend Tuesday’s meeting,because, “I didn’t want to see the city spend any moremoney.”

City workers and taxpayers would be better served byadhering to the existing rules, anyway, according to Freeman.

“It’s not the policy that’s the problem,” he said. “It’s actu-ally the training and the following and the early enforcementof the policy that we’re trying to resolve.”

Representing the general employees, city administrativecoordinator Margi Perotti said her group agreed withFreeman.

See POLICY page 12A

Have the complete Carmel Pine Cone delivered every Thursday evening to your iPad, laptop, PC or phone. Free subscriptions available at www.carmelpinecone.com

A document that was seriously ‘over-lawyered’

See DAVI page 22A