In the face of fierce opposition, the Encinitas legislature fired the chief planning officer

ENCINITAS – Encinitas City Council removed Bruce Ehlers from office as chairman of the Planning Commission Wednesday night in front of a classroom filled with exasperated residents strongly opposed to his sudden dismissal.

During the meeting, the council voted unanimously to immediately sack Ehlers from the volunteer position citing his public opposition to the city’s housing policies. Ehlers’ mandate was to expire in March 2023.

Last week, Mayor Catherine Blakespear phoned Ehlers asking him to resign, but he refused and called for a public hearing.

The vote to remove Ehlers came after Blakespear and councilor Tony Kranz released an official report on April 8 recommending the president’s sacking.

Ehlers’ public statements on the housing development issue, along with his alleged association with Encinitas Residents for Responsible Development, a local grassroots organization currently suing the city over the controversial Goodson project, have been cited as justification for ousting the resident. Olivenhain.

“Through statements and actions, Mr. Ehlers has demonstrated a consistent bias that prevents him from performing the basic functions that are required of him and is unable to be an impartial judge of the projects that are presented to the planning committee,” Blakespear said in assembly. “For me it is a step too far to have a planning councilor who is involved in suing the city, who rejects compliant housing projects and who creates conflicts that require recusal.”

In comments made to The Coast News and in public remarks at the meeting, Ehlers, who is running for city council in District 4, repeatedly hammered out the council’s decision, which he called “working with a political hatchet.”

Far from protecting the interests of the city, Ehlers said his removal suppressed opposing views in the city government, damaging his chances as a candidate for political office.

“This is purely political. They are removing me from commission, claiming that I am violating the policy, but they have not shown how I have violated city or state law, “Ehlers said.” What they are doing is that they are trying to tarnish my reputation, and they are completely wrong. in doing so. “

Ehlers also heavily criticized Wednesday’s meeting format, which he said stifled public criticism of the board’s decision. In particular, he argued that he should have had more than two minutes to defend himself against the accusations made by Blakespear and Kranz.

“They gave me two minutes to respond to a two-page staff report accusing me of ‘illegal’ things. Not only did I not have time to respond, it wasn’t even clear what the allegations were, “Ehlers said.” It was one-sided, and the problem isn’t really about me, but them silencing anyone who disagrees. with them, which is not in line. It concerns the suppression of freedom of speech and of different ideas “.

During the meeting, residents expressed overwhelming support for Ehlers, including 18 public comments and more than 35 written statements filed in opposition to the council’s decision.

Encinitas mayoral candidate Cindy Cremona denounced the council’s vote, which she said was politically motivated and directly opposed the wishes of the residents.

“Tonight, you are ready to frame planning commissioner Bruce Ehlers with the hangman’s noose,” Cremona said. “Firing Bruce, with such a fragile cause, reflects a city council that thinks alike, consolidates power and eliminates a nagging enemy … Bruce deserves better and Encinitas deserves better.”

Cremona criticized the board for not giving Ehlers more opportunities to defend himself and expressed little or no evidence of the president’s alleged irregularities was presented.

“Does he [Ehlers] have any opinions? Obviously. Are its affiliations illegal or even inappropriate? No. They just aren’t the same as yours, “Cremona said.” Above all, did Bruce’s affiliations preclude his neutrality on the planning committee? Sure, they didn’t. And you haven’t presented any evidence to the contrary tonight.

Former planning commissioner Ruben Dario Flores made a series of ferocious remarks against the council, calling Wednesday’s vote “one of the most outrageous political crimes I have ever witnessed in Encinitas.”

“As a member of this public and former planning commissioner, I strongly condemn the proposal to remove board member Bruce Ehlers from the post of president,” Flores said. “The rationale proposed in the [report] does not explain how Mr. Ehlers did not perform his duty to the planning committee with the utmost care and refused any conflict with his personal views.

“Bruce has always been very clear and open about his approach to complying with local city codes, development standards and relevant plans. Identifying a public official and a dedicated commissioner for your political maneuvers is another example of how deaf and exclusive you are all. “

Jean Chapo, another former planning commissioner who worked extensively with Ehlers, touted the president’s exemplary public service record and achievements, calling his move a “petty and childish political gesture” by Blakespear and Kranz.

“Bruce has been, in all the years I’ve known him, a tireless volunteer in the service of this city, and he has done so much for this city longer than any of you have been in the political service,” he said. Chapo. “I have served on the planning committee ever since I met Bruce, I have always known that he always listened and made decisions based on the evidence presented in front of him. Bruce is a person of great integrity, great intelligence and great honesty, and I think you are making a big mistake by letting him go. “

Former Encinitas Mayor Sheila Cameron described the council’s actions against Ehlers as nothing more than a political stunt that will deprive the city of one of its most honest public officials.

“As a former city council member and mayor of Encinitas, I know that the commissions created to serve the citizens of Encinitas, the main purpose of the planning commission is to know and interpret the municipal land use code,” Cameron said. “Well, I doubt there is a board member or experienced staff like the current planning committee chair, Bruce Ehlers.

«Yes, there is a sentence that the city planning councilors serve at the pleasure of the council, but which does not entitle the mayor or the city councilor to abuse this privilege. Tonight you brought charges against a longtime city planning councilor which, apparently, are based on a false premise. You have no reason to ask for it to stop “.

Julie Thunder, a longtime Cardiff resident and District 3 council candidate, called Ehlers’ sacking hypocritical, pointing out that the president’s well-documented opposition to high-density housing policies had not prevented his appointment to the commission.

“Bruce Ehlers was an opponent of the mayor’s pro-high density policies. But that hasn’t stopped this advice from appointing him a member of the Planning Commission, not once, but twice, “Thunder said.” Bruce brings knowledge and experience to the table and for months you’ve been comfortable with the conceit he takes. decisions based on the law, not your preferences. “

Thunder also criticized the council’s effort to stifle Ehlers’ opposition to the city’s “failed” housing policies.

“Appointed commissioners do not give up their right to speak out on public matters,” Thunder said. “So the statements made by Bruce cannot be an adequate basis for firing him.”

Reasons for dismissal

Blakespear, Kranz and other board members pointed to several actions and statements by Ehlers that they believe contributed to his termination. On the same subject : Encinita’s activewear startup Vuori expands to 7 international locations.

The council repeatedly reiterated that Ehlers had financially supported the city’s opponents in litigation matters and made public statements in direct conflict with the city’s efforts to comply with state housing mandates.

A significant reason for the president’s firing, according to the report, was his association with Encinitas Residents for Responsible Development, or ERRD, a local organization currently suing the city to prevent the development of the 277-unit Goodson housing project. Olivenhain.

Ehlers’ position as treasurer of the non-profit group North County Advocates, which made donations to ERRD, links him to the lawsuit against the Goodson project and puts him directly at odds with the city’s long-term housing interests, the report said.

However, Ehlers resigned from his position as treasurer with North County Advocates in September, resigned completely from the group, and voluntarily declined all deliberations and policy decisions related to the Goodson project on the commission to avoid any semblance of conflict of interest. .

Also at the heart of the president’s dispute with the council was his support for Proposition A, a 2013 voter-approved initiative that required a public vote for any major zoning and density changes.

In March 2020, the city of Encinitas filed a lawsuit in an attempt to ignore Prop A, arguing that the voter-approved initiative unduly limited the city’s ability to meet state density requirements. A judge ruled against the city, reaffirming the right of voters to have the final say on development proposals that go beyond certain land use parameters and policies outlined in the city’s master plan.

Ehlers, lead author of Prop A, has publicly opposed the city’s cause and issued a public statement in case he reaffirmed his support for the initiative, which he says is important in preserving local control over housing and density needs. . In a recent editorial and in comments made to The Coast News, Ehlers reiterated his opposition to the council’s efforts to undermine Prop A.

Kranz said that while he personally supports Prop A, Ehlers’ statement and subsequent comments in The Coast News were “inappropriate” given the council’s position on these policies.

“The problem [Ehlers’] has is that he fundamentally disagrees with the policies agreed upon by this council, and then goes on with his campaign and blows up a whole set of policies that this council has adopted,” Kranz said. “How can you perform your duties as chair of the planning committee when you are participating in a campaign explicitly aimed at undermining the policies that the council has adopted?”

But Ehlers underscored its record of maintaining high ethical standards, consistently refusing cases where a potential or actual conflict of interest might exist.

“I have no problem being fair, impartial and impartial,” Ehlers said. “It is because I am extremely attentive to the cases in front of me that I am free to take positions for or against the policy of the council.”

Blakespear said that both Ehlers’ statements on Prop A and his alleged ties to the Goodson case make him unable to impartially handle political issues regarding similar high-density projects that fall within the purview of the commission.

“It is simply not acceptable to have a Planning Commissioner proposing illegal solutions; rejects housing projects without an adequate foundation; has had financial and leadership roles in community groups that have sued the city; creates conflicts that have required his refusal from considering the only project located in his district of Olivenhain and uses the legitimacy of his title of Planning Commissioner to undermine and subvert the city’s goals, “Blakespear said.” In summary, the Mr. Ehler’s presence on the Planning Commission is a responsibility for the City of Encinitas. “

Ehlers contested the notion that his statement or statements made to the media presented a conflict with his duties as president. Conversely, as Prop A is the law in Encinitas, Ehlers found it appropriate and mandatory for him to defend the voter-approved initiative in court as the city refused to do so.

“As the first author of Prop A, I was one of the people forced to ‘volunteer’ to defend Prop A because we knew the city wouldn’t defend it,” Ehlers said. “At the end of the day, Prop A is part of our master plan, whether [the board] likes it or not, whether they support it or not, they have to follow it.”

Ehlers said the allegations made by the mayor and Kranz were excessively vague and did not specify which specific claims “undermined” his role as president.

“The report implies, but does not specify, that I have been acting outside the bounds of objective standards,” Ehlers said. “It also clarifies that I have” demonstrated through public statements and actions “my opposition to the implementation of objective standards. No specifications are provided. How can I respond to vague allegations without a reasonable public hearing?

“I believe this was absolutely a deliberate orchestration by the mayor to minimize my ability to respond to any valid allegations, to the point that he didn’t even detail what statements I had made were improper – he called what I did illegal and then I never explained what I did that was illegal “.

Council member Joe Mosca said he ultimately voted yes to fire Ehlers because he felt there were simply too many outstanding concerns about the president’s ability to remain impartial when presiding over the city’s various housing projects.

“It is so incredibly important that the city is well represented on the planning commission, that the planning councilors are absolutely impartial … but the statements you have made and the actions you have taken really show that you have a prejudice and that you cannot satisfy these duties affect how a member of the planning commission must operate, “Moscow said.

“I don’t hear the answer to Kranz’s question: How do you resolve the claims you’ve made and have objectivity and fairness when it comes to the permissions that lie ahead of you?”

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Contentious meeting

From the start, the meeting was a controversial affair and the room became more and more turbulent. To see also : San Diego Community Power continues to rollout services in Encinitas. On several occasions, Blakespear tried unsuccessfully to calm the crowd, asking residents to respect the decorum of the meetings and refrain from clapping after comments.

But despite the mayor’s instructions, the room full of residents, many of whom were waving “Support Bruce Ehlers” signs, repeatedly cheered and cheered for every public commentator during the meeting.

The crowd was particularly infuriated when Blakespear repeatedly attempted to interrupt public speakers after 2 minutes of public commentary, prompting attendees to shower jokes and whistles on the assembled body.

Another moment that sparked groans and objections from the crowd occurred before the board vote, when Councilor Kellie Hinze said she would “join the majority to remove Commissioner Ehlers from her role,” which suggested her same foreknowledge of the board’s final decision – a potential brown law violation.

“You have already decided,” someone shouted from the crowd.

The mayor eventually had to call multiple recesses during the meeting to restore order in the chamber.

When asked if he expected such a visceral reaction from the community to Ehlers’ sacking, Kranz said he was not upset by the proceedings.

“I’m not surprised at all,” Kranz said. “I like Bruce, a lot of people in the community like Bruce, and they took it personally that their friend was removed from the planning board. I was expecting a large turnout, and nothing about the testimony or the number of people present here surprised me at all. “

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