HomeMy WebLinkAbout2015/05/14 Additional Information - Scenario I � Scenario I
"Water,water every�rvhere . . . "
The City has decided to take the California drought head on by building its own
desalinization plant on the Chula Vista Bayfront. A site near the old power plant, about
�00 feet south of the Chula Vista Marina, has been selected. Once constructed, the plant
is expected to produce up to 75 million gallons of potable water per day, enough to serve
all Chula Vista households, plus 60 thousand more.
After a complex design-build procurement process, City staff has recommended that the
City Council a�vard the construction contract to Agua Libre, LLC, a family o�vned; local
company founded in 191 I.
A week before the meeting at which the City Council was to consider the contract, Agua
Libre CEO, Nacho Libre, was enjoying a plate of green chilaquiles at Talavera Azul on
Thiid Avenue. By coincidence, right when Nacho was starting to think about the right
things to say to the Council to help secure their approval, he spotted two of the City's five
City Councilmembers,Nadia l�'e�vbie and Linus Pockets, motioning for him to join them
at their table. "Nacho" said Linus, "I've been in love with your sister; Amor, ever since I
laid eyes on her, and I like your project. But Nacho, I'm in a pickle. The second low
bidder; Saul T�vay; has been saying he'll do the job faster, giving the City a net savings.
He gave me a $300 campaign contribution my last go-around, and rivo tickets to an
upcoming"Save the Turtles" charity event. I really need to go to that type of thing these
days, to help me retire my campaign debt. Any other factors you want me to consider
before I decide?" Nacho, who used to be on the Planning Commission and remembered
his ethics trainine responded, "You should do �vhat you think is in the best interests of the
Cit}�, Mr. Pockets. I think my bid is the best, of course, and I know Councilmember
Goalong posted she's leaning to�vards our design on her Facebook page; but you'll hear
our full pitch next week at the Council meeting from my sister, .amor, I've just decided
to make her the project managec" Nadia then chimed in. "Nacho, the Mayor just texted
me a picture of your design, with a "thumbs up" emogi, but I'm not so sure. Your design
looks efficient, but iYs so UGLY! I just bought my step-son a houseboat at the Marina,
and I his views could be ruined. Maybe if you spruce it up a bit; add a�vater slide or
something so it goes �vith the Bayfront hotel and com�ention center, I'll follo�v the
Mayor's lead and get on board."
1. Can Linus Pockets Iawfully participate in the City CounciPs vote oo the
desalinization plant?
2. How about Nadia Newbie?
3. Has the Brown Act been violated?
4. Is the Mayor's text a public record?
� - ' Scenario II
Don't Tread on Homer
The Chairman of the City's seven member Charter Review Commission, Homer Rule, is
fed up with the State Legislature's preemption of city local rule-making and its "bogus"
declarations of"statewide concem." Their latest insult was a la�v banning local sales of
"The Simpsons' sho�v bobble-head dolls (a business Homers family had been in for
decades). Homer called City Attorney, Ima Fair, and asked her to call a Special Meeting
of the Commission to consider, under the "Chairs Comments:' an action item entitled:
"Pm Mad As Hell and I'm Not Going to Take it Anymore." Ima dutifully prepared the
agenda, sent it to the City Clerk for posting on the City's website, and posted a paper
version at the City Hall kiosk just prior to close of City business.
The nex[day, around 4:00 p.m., once a quorum of his fellow Commissioners had
assembled in the City Hall "V Room," Homer convened the_special meeting. By 4:30, a
large crowd of citizens and the press had also crammed inside, �vith some sitting at the
conference room table among the Commissioners themselves, and others standing aeainst
the �vall. Local reporter Stu Scoops, set up a laree video camera on a tripod near the door
to record what he hoped would be a public spectacle. Homer didn t disappoint. He
refused to allo�v public comment until afrer he delivered a 30 minute soliloquy on bobble-
head rights. He then "presided" over a virtual free-For-all of Commissioner and public ,
comments, cutting off some before they got started, letting those who aereed with him
go-on well past 5 minutes, and t�veeting disparaging remarks from his City tablet. He
even had Scoops ushered out by the police claiming that the ���hirring of Scoops' camera
distracted him and that Scoops �i�as blocking the door creatine a fire hazard. Afrer 2
hours of spirited debate; Homer's main ally on the Commission, Claudia Compromiso;
proposed a ChaRer amendment she titled "We`re b4ad As Hell and We're Not Going to
Take it Anymore. The measure was designed to preserve Cih� authority to allo�v
Simpsons noveliy item sales in perpetuity. Over the objection of Ima Fair, the
Commission approved the measure and referred it to an ad hoc subcommittee for drafting
and placement on the ballot. The Commission vote �vas 4-1, with two abstentions.
Homer abstained because he realized he may have a conflict; fellow Commissioner
Voysa Reason abstained because she thought an}4hing proposed by Homer�vas
inherently absurd. After the measure was successfully placed on the ballot, Homer
thanked his friend and colleague Claudia Compromiso by giving her for her biRhday a
limited edition 25`� anniversary bendable Simpsons mega set; an all-expenses paid trip to
the Simpsons Museum in Sprin�field, Oregon (so she could leam more about Simpson's
novelty sales), and a coupon for Smoked Tuna Fries at T.J. Oyster Bar.
1. If Stu Scoops sued the City for violating the Bro�r�n Act,would he
prevail?
2. Did Homer need to abstain from participation in the vote? How about Voysa
Reason?
3. If Claudia Compromiso reports her gifts from Homer on her Form 700, is
she in compliance with State conflict of interest rules?