Burton

I.

FACTUAL AND PROCEDURAL BACKGROUND

Since 1920, SDG&E has provided gas and electric services to the residents and businesses of the City through a series of franchise agreements. Under those agreements, SDG&E pays the City franchise fees in exchange for the exclusive right to use the public rights-of-way to install and maintain the equipment necessary to distribute gas and electricity. The most recent set of agreements commenced in December 1970 and, following a short extension, were set to expire in June 2021. In March of that year, the City’s mayor issued invitations to bid on both franchises. SDG&E was the sole bidder. The City and SDG&E then negotiated the details of the new franchise agreements. San Diego City Charter, article VII, section 103 requires that the City’s approval of a franchise agreement occur through an ordinance adopted by a two-thirds vote of the City Council. Accordingly, the introduction of ordinances approving the franchise agreements was placed on the agenda for a May 25, 2021 City Council meeting. On May 21, 2021, attorney Maria Severson of Aguirre & Severson, LLP (Aguirre & Severson) sent a letter to the City Council alleging that its members engaged…