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Group Said in a Statement Statement on behalf of Community Energy Action Network (CEAN) regarding the passage by City Council of Item 57, Gas and Electric Franchise Agreements on June 8, 2021: Background Today, June 8, 2021 the City Council passed Item #57 to adopt the gas and electric franchise agreement ordinances through a "second reading" of the ordinances that had been presented to the City Council for Item #330 at the City Council Meeting May 25, 2021. They did this in spite of public testimony and requests at both the Non-Agenda Comment and Consent Agenda portions of the agenda to continue or remove the item from Consent due to improper noticing of Item 57 and an incomplete public record of the actions that were taken on May 25 including a lack of the minutes of that meeting being posted and available to the Public Record. Councilmember Sean Elo-Rivera requested the item to be pulled and it was the first agenda item heard. He requested clarification from the City Attorney, the Mayor and SDG&E President regarding the source of payments for a Section (4 (e) (7) of the Electric Franchise ordinance that he had sought to amend at the May 25 meeting. He was assured in all three responses that the funds would be paid by shareholders profits and not charged to ratepayers and the City Attorney stated that assurances had been made in writing. That written assurance document was not available or provided to the Public record. The Council President Jennifer Campbell then made a motion to approve Item 57, seconded by President Pro Tem Stephen Whitburn and proceeded to take Council comments or questions and record the vote on that item. Councilmember Marni von Wilpert requested confirmation from the City Attorney that the amendments offered and passed by motion at the May 25 meeting were reflected in the Energy Cooperation Agreement that was included in Item #330 on May 25. She was assured by the City Attorney that the amendments were included in the Cooperation Agreement and she voted yes. The vote was 6-3 in favor and passed requiring 6 votes. No's were Councilmembers Joe La Cava, Monica Montgomery Steppe and Vivian Moreno. The Facts The City Council President improperly allowed changes to the agenda item description less than 24 hours before the City Council meeting. The City Council President improperly moved an action on this item without taking public testimony. The Supporting Documents published on the City website in support of Item #57 as of the hearing today, June 8 did not include any aspect of the amendments made by any Councilmembers and passed on May 25. The Public had no access to a publication of the actual motion since the Minutes for May 25 have not been published or posted as of the June 8 meeting. The Energy Cooperation Agreement resolution and agreement documents posted as Supporting Documents for Item 57 have no reference to any of the amendments made by Councilmembers at the May 25 meeting. The Electric Franchise Agreement posted to the City website as a supporting document for Item 57 as of June 8 does not reflect the amendment made by Sean Elo-Rivera on May 25 to change the payment schedule of contributions to the General Fund for Climate Action and climate equity purposes included in " Section 4. Considerations, (e) (7) . " Additional irregularities and mischaracterizations and violations of the City Charter (requiring a supermajority 2/3rd vote to terminate the agreement at the 10 year point) are included in the attached communications submitted to the City Council for Item 57. The public, voters, taxpayers and rate payers in the City of San Diego have been denied proper notice and review and opportunity to comment on the action taken Tuesday, June 8 to award San Diego Gas and Electric the exclusive monopoly use of City public right of way and streets for gas and electric transmission and distribution and undergrounding of electric equipment for the next 20 years. Please contact me or the persons copied on this statement for additional comment. Sincerely, Jay Powell [email protected] (619) 813-8485 cell Cooperations - In the Public Interest, for the Common Good Community Energy Action Network is a San Diego-based cooperation promoting local clean energy.
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