San Diego Union-Tribune

LAWSUIT CHALLENGES GLORIA’S ENERGY PLAN

Critics say ‘invitation to bid’ from San Diego mayor tilts playing field toward SDG&E

- BY ROB NIKOLEWSKI

An amended lawsuit filed on behalf of a San Diego resident seeks to void the “invitation to bid” that Mayor Todd Gloria recently issued regarding the city’s soon-toexpire electric and gas franchise agreements, alleging that the invitation violates the city’s charter.

The filing in San Diego Superior Court cites Section 103 of the charter that mentions how a two-thirds vote of the City Council is required to approve a franchise agreement, following “free and open competitio­n” among potential franchisee­s. Attorney Maria Severson of the Aguirre & Severson law firm says the invitation tilts the playing field toward San Diego Gas & Electric — the current holder of the agreements.

If the invitation is “designed for SDG&E to be the only responsive bidder, then that is usurping the city council’s power because it’s really preventing free and open competitio­n,” Severson said.

A spokeswoma­n for the office of City Attorney Mara Elliott said it “will review the complaint and respond through the courts” to the amended lawsuit.

In a franchise agreement, a utility is granted the exclusive use of public rights of way for transmissi­on and distributi­on, as well as the right to install and main

mic blow by the pandemic,” Fletcher said in a statement. “Unlike other sectors who were able to operate at limited capacity and bring in some revenue, they could not because of the protection­s around large gatherings. As the restrictio­ns on events are relaxed, the event industry deserves some financial help.”

Bar crawls, music festivals, swap meets and taco fests were all closed, and amusement parks, casinos and outdoor assemblies also were restricted because of the coronaviru­s pandemic.

Yet unlike restaurant­s and retailers, which are slowly seeing a light at the end of the tunnel, these events businesses have received little reopening guidance from the state or county, Fletcher noted.

That’s a problem for hundreds of rental companies, security providers, caterers, events organizers and thousands of employees whose

livelihood­s are on the line, said Laurel McFarlane, owner of McFarlane Promotions and president of the San Diego Events Coalition.

“No other industry has been out of work for 13 months,” McFarlane said.

“We’ve used our savings . ... I personally used my son’s college fund, and he’s going off to college this year.”

McFarlane’s company organizes such events as San Diego Pride, La Mesa Oktoberfes­t, San Diego Restaurant

Week, La Jolla Concours and dozens of galas.

In 2019, the meeting and special events industry brought in 2.7 million visitors and $3.5 billion in spending to San Diego.

According to the events

coalition, 74 percent of area events businesses lost more than 75 percent of their projects, clients and gigs in 2020 to restrictio­ns on public gatherings. And about 60 percent of events businesses expect to lose more than 50 percent of projected 2021 income.

Some of those businesses are responsibl­e for such events as the Chula Vista Harborfest, SoCal Taco Fest, ArtWalk, San Diego County Fair, San Diego Diner En Blanc and Gator by the Bay.

McFarlane said waiving permit fees for events businesses will help them recover, once they can operate again. She said she hopes cities all over San Diego County will follow suit and waive permit fees for 2021 and 2022.

The state is expected to release some guidelines next week for events industry businesses, but it’s unclear exactly what events and businesses will be allowed to operate under those guidelines, she said.

The coalition has been advocating for reopening guidelines and financial aid for small businesses since last year. It released its own proposed safety guidelines that outline event logistics, employee training, face mask guidelines and more.

McFarlane said Fletcher’s proposal provides “a sense of hope” that someone is willing to help.

 ?? U-T FILE ?? Cesar Toscano cooks on a grill as he and his cousin Claudia Toscano operate their food business, Coal Bros, at the City Heights Street Food Festival in 2019. Festivals and other large gatherings have ceased during the pandemic.
U-T FILE Cesar Toscano cooks on a grill as he and his cousin Claudia Toscano operate their food business, Coal Bros, at the City Heights Street Food Festival in 2019. Festivals and other large gatherings have ceased during the pandemic.

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