California Alliance for Utility Safety & Education v. City of San Diego
Opinion
Opinion
Benke, J.
J.—In this case a city and its city council contend that a citizens group’s claim for declaratory relief under the open meeting provisions of the Ralph M. Brown Act (Brown Act) (Gov. Code, § 54960, subd. (a)) and public meeting requirements of the city charter are not ripe because the group has only alleged the occurrence of a past violation. We reject this narrow interpretation of the remedies available under the Brown Act and charter and reverse the judgment entered upon an order sustaining city’s demurrer.
I
Factual and Procedural Summary
In 1970 defendants and respondents City of San Diego and City Council of City of San Diego (collectively city) granted San Diego Gas & Electric Company (SDG&E) a 50-year franchise to provide electricity to city residents. SDG&E agreed to pay city certain fees and to provide other benefits to city. One of the benefits SDG&E is obligated to provide under the franchise agreement is an annual level of spending devoted to placing overhead power lines underground. This obligation is consistent with a policy of undergrounding utility lines adopted by state Public Utilities Commission in 1970.