The Protect Our Communities Foundation 4452 Park Boulevard #309 San Diego, California 92116 May 25, 2021 Council President Jennifer Campbell Council President Pro Tem Stephen Whitburn Councilmembers Joe LaCava Councilmember Monica Montgomery Steppe Councilmember Marni von Wilpert Councilmember Chris Cate Councilmember Raul Campillo Councilmember Vivian Moreno Councilmember Sean Elo-Rivera c/o Elizabeth Maland, City Clerk 202 C Street, MS2A San Diego, CA 92101 Sent Via Email (
[email protected]) Re: VOTE NO on Item 330: Actions Related to the Award of Gas and Electric Franchises and Cooperation Agreement with San Diego Gas and Electric. Dear Honorable Councilmembers of the City of San Diego: On behalf of The Protect Our Communities Foundation (PCF), this is to request that you please VOTE NO on Item 330 and all of its Subitems. In addition to the numerous concerns we and others have raised over the years, and in addition to the public comment we and others intend to make at today’s hearing, the letter explains why a vote to approve the Franchise Agreement before you today -- at least without substantive modifications to each of the subitems as currently drafted -- would constitute an abdication of your duties under the San Diego City Charter and the San Diego Municipal Code (SDMC) and would violate the Charter, the California Environmental Quality Act (Act), the California Constitution, and California statutory authority. I. THE PROPOSED ORDINANCES, THE MOU, AND THE ENERGY AGREEMENT VIOLATE THE PROHIBITION AGAINST DELEGATION OF THE CITY COUNCIL’S POLICY MAKING AUTHORITY. The ordinances, the MOU contemplated therein, and the “Energy Cooperation Agreement” cannot be approved as drafted without violating the City Charter, particularly Charter Sections 11.1 and 103.1, provisions of the California Constitution, and applicable statutory law because, as currently drafted, the documents constitute an unlawful delegation of legislative authority.