AGUIRRE & SEVERSON, LLP

ATTORNEYS AT LAW

Michael J. Aguirre, Esq. 501 West Broadway, Suite 1050

maguirre@amslawyers.com
Maria C. Severson, Esq.
mseverson@amslawyers.com
Elijah T. Gaglio, Esq.
egaglio@amslawyers.com
San Diego, CA 92101
Telephone (619) 876-5364
Facsimile (619) 876-5368

Via E-mail

May 26, 2021

Honorable Jennifer Campbell, San Diego City Council President

Council President Pro Tem Stephen Whitburn
Councilmember Joe LaCava
Councilmember Monica Montgomery
Councilmember Marni von Wilpert
Councilmember Chris Cate
Councilmember Raul Campillo
Councilmember Vivian Moreno
Councilmember Sean Elo-Rivera
San Diego City Council
202 "C" Street, 10th Floor
San Diego, CA 92101

Re: Open Meeting Law Violation re San Diego Gas & Electric Franchise Award;
Demand to Cure Pursuant to California Govt. Code § 54960.1

Honorable Councilmembers:

I write to you regarding the San Diego City Council’s approval of Item 330, and resolutions
associated with same, during the Council meeting yesterday (May 25, 2021) relating to the Gas
and Electric Franchise Agreements with SDG&E. This action, taken on May 25, 2021, was the
result of a series of acts done with the intent to develop a secret concurrence among a
supermajority of the Council well in advance of any public consideration or action on this matter.
As such, the resolution and action taken violates a core prohibition of the open meeting laws as
well as Article I, Section 3 of the California Constitution. Demand is made upon the Council to
rescind the resolutions as the appropriate cure for the illegal action.

On May 21, 2021, before the City Council meeting approving the resolution, I wrote to you of
my concern that a public record had been made that “all nine members” of the San Diego City
Council—outside a duly authorized meeting and using a series of communications directly or
through intermediaries—discussed, deliberated, or took action in advance of the Resolution to
approve the City of San Diego’s award of an electric utility franchise agreement with SDG&E.
In so acting, the City through its Councilmembers violated Art. I, Sec. 3 of the California State
Constitution and San Diego City Charter § 103 by making a collective commitment or promise
to approve a resolution for the City Council to award the electric utility franchise agreement to
Council President Campbell and City Council
May 26, 2021
Page 2

SDG&E outside a duly authorized public meeting. The secret serial “meeting” included “all nine
members” of the City Council in violation of Govt. Code § 54952.2(b)(1). 1

Under Govt. Code § 54960.1, the City Council’s approval of the resolution to award the electric
and gas utility franchise agreements to SDG&E will be null and void.

Yesterday, six members of the San Diego City Council voted “yes” after the collective
concurrence was obtained through serial meetings as set forth above.

Demand for Cure

We see this letter as providing you an opportunity to rectify an illegal action avoiding the need
for further litigation. We hereby demand that the City Council cure and correct the above
violations. This demand is made pursuant to Govt. Code § 54960.1. This demand is made in
furtherance of the May 21, 2021 request to enforce the Open Meeting Laws and the California
Constitution should the City refuse to cure and correct the above violations.

Please be advised the failure to cure and correct the unlawful actions by vote will be subject to a
legal action in Superior Court.

Thank you.

Very truly yours,

/s/ Maria C. Severson

Maria C. Severson, Esq.

1
Serial meetings can be held with a chain of communications involving contact from member A
to member B who then communicates with member C, which would constitute a serial meeting
in the case of a five-person body. Similarly, when a person acts as the hub of a wheel (member
A) and communicates individually with the various spokes (members B and C), a serial meeting
has occurred. In addition, a serial meeting occurs when intermediaries for board members have
a meeting to discuss issues. For example, when a representative of member A meets with
representatives of members B and C to discuss an agenda item, the members have conducted a
serial meeting through their representatives as intermediaries. Who's Afraid of the Big, Bad
Wolfe? A Call for a Legislative Response to the Judicial Interpretation of the Brown Act, 39
MCGEORGE L. REV. 1073, 1075 (2007).