PRSRT STD U.S. POSTAGE PAID ENCINITAS, CA 92024 PERMIT NO. 94
THE COAST NEWS
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MAKING WAVES IN YOUR NEIGHBORHOOD
VOL. 23, NO. 38
SEPT. 18, 2009
THISWEEK
Report shows misuse of city funds
GARDEN PARTY
â– Former CEO
The 10th annual Gala in the Gardens features music, food and more and marks the official renaming of San Diego Botanic Garden B10
UNLEASHED Some Encinitas residents and leaders say it’s time dogs and their owners were given more A3 time to roam
LEGENDS OF THE SURF
Local wave-riding heroes were celebrated at the Surf for the Sea competition in 3 Oceanside
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alleged to have taken earmarks By Wehtahnah Tucker
ENCINITAS — The Chamber of Commerce released the results of a longawaited financial review late Wednesday afternoon to the City Manager’s office. Among the findings are a pattern of co-mingling of funds, diversion of specific-use funds and providing financial benefit to a board member. Specifically, former CEO Gary Tucker and Marketing Director Mike Andreen were accused of mismanaging funds. Andreen also served on the board of directors. The document was prepared by a certified public accountant hired by the chamber at the behest of the City Council as a condition of its continued support of the Visitor Center. In 2005, the city entered into a threeyear agreement with the chamber to operate the Visitor Center in the amount of $91,500 per year. A monthto-month extension was
e had questions that were never really answered by the CEO.�
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— Michelle Johnston FORMER BOARD MEMBER
City sends revised land use plan By Bianca Kaplanek
SOLANA BEACH — After being accused of delegating its authority and lacking leadership, City Council voted 4-0 at the Sept. 9 meeting to adopt a revised draft of the city’s Local Coastal Program Land Use Plan and submit the document for certification to the California Coastal Commission for the fifth time since 2001. Residents, members of a citizens advisory committee and representatives from environmental groups were among the 20 speakers who addressed council during the three-hour hearing. At issue were provisions in the document dealing with sea walls. Bluff-top property owners said they should have the right to build the structures to protect their homes. Environmentalists said the shoreline protection devices prevent the natural creation of a beach and will eventually
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GARY TUCKER granted in June 2008. A subsequent one-year contract was signed May 1 of this year in the amount of $80,500. In a move that surprised many, Tucker resigned effective Feb. 6. After three years as the top staff member at the chamber, Tucker said at the time that it was time to pursue other opportunities in the private sector.
According to Tucker’s resignation letter sent to the board Jan. 23, he cited declining revenue from returning members, loss of faith in the board’s leadership and the executive committee’s refusal to follow the bylaws of the organization as reasons for his departure. However, some former board members suspect that Tucker, along with Andreen who resigned from the board in March, violated fiduciary responsibilities. Andreen continued to work for the chamber as an independent contractor until May 23. Andreen subsequently organized what he describes in newsletters and other publications as a “Chamber of Commerce,� representing businesses in the El Camino Real corridor. No documents show 501(c)(6) status has been granted or is pending
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MIKE ANDREEN by the Internal Revenue Service. Neither Tucker nor Andreen returned repeated calls for an interview. The financial review covers the period from July 1, 2005, to June 30, 2009. Neither an audit nor a full scope review, the document nevertheless contains evidence of financial irregularities. For instance, $18,500 received in September 2008 from a copier company as a buyout on an existing lease was not used for its intended purpose. Rather than pay off the old copier lease, Tucker used the funds as cash flow during the last four months of his tenure according to the document.
Also, the report indicates that city funds designated for the Visitor Center were co-mingled with the chamber’s revenues and expenses. According to the expense report, 50 percent of the chamber staff costs were charged to the city under the guise of Visitor Center operations. “This is clearly a misrepresentation of the use of staff,� the report sates. In fact, during 2008, $44,777 of Tucker’s salary was billed to the city and $23,190 in 2007. The city was also charged 100 percent of a Visitor Center manager’s salary during both fiscal years. Former board member Michelle Johnston said financial inconsistencies became apparent in mid-2007 after then-Treasurer Craig Fortin resigned. Tucker took over providing the financial statements during the monthly board meetings according to Johnston. “We had questions that were never really answered by the CEO,� she said. “When we had 120 people at an event, we asked why it wasn’t evident in the TURN TO CHAMBER ON A14
City Council returns, OK’s desal changes By Alyx Sariol
zone. It is required by the California Coastal Act of 1976 to ensure coastal areas are used and developed according
CARLSBAD — All members were present and council chambers were full when City Council returned after a monthlong recess Sept. 15. Council was presented with new proposals to the everchanging plans for the desalination plant at the Encina Power Station. As the construction phase draws near, Poseidon Resources has noticed areas for improvement that will change the building orientation and move pipelines, but maintain most physical aspects of the original plan. Although the council approved the new amendments, Marco Gonzalez from Coast Law Group representing San Diego Coastkeeper and Coastal Environmental Rights Foundation, challenged their willingness to do so without new environmental impact reports and in-depth reviews of the new proposals. The proposed changes in pipelines will be in areas that have not been reviewed from an environmental standpoint and will also severely interrupt traffic during the construction time. “We’ll have to see you in court again,� Gonzalez said. The council addressed another big issue that Carlsbad citizens have voiced their concerns about since its inception –— the La Costa Town Square development. The project has been presented before the council several times and residents have been worried about the high
TURN TO LAND ON A18
TURN TO DESAL ON A14
ON THE EDGE Backyards such as this one on Pacific Avenue are slowly eroding away. Homeowners on the bluff want the right to build sea walls to protect their property. Environmentalists say the devices will eventually eliminate beaches that rightfully belong to the public. “What they’ve purchased is a limited right to that view ‌ based on the wealth that they have accumulated in their lives, but it’s fleeting,â€? attorney Marco Gonzalez said. “Your ability to stay in your property will eventually leave as the earth overtakes and the process of beach creation reclaims what we have so poorly given away.â€? Photo by Bianca Kaplanek
eliminate land that belongs to the public. A Local Coastal Program, or LCP, is the basic planning tool used by a city to guide development in its coastal
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