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HomeMy WebLinkAbout06/23/1997 BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater SPECIAL MEETING LEGISLATIVE AND LITIGATION COMMITTEE Monday, June 23, 1997 9:00 a.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA AGENDA 1. ROLL CALL 2. APPROVAL OF APRIL 10, 1997 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. PERMIT FEES FOR JULY 4, 1997 FIRST ANNUAL LAKEVlEW FESTIVAL - Slater B. UPDATE ON CURFEW ORDINANCE AMENDMENTS - Skousen 7. ADJOURNMENT TS:jp FILE COPY DRAFT BAKERSFIELD Ala~ndy, City Manag~er / Jacquie Sullivan, Chair Staff: Trudy Slater / Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, April 10, 1997 4:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:50 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF FEBRUARY 6, 1997 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None DRAFT Agenda Summary Report Legislative and Litigation Committee April 10, 1997 Page -2- 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. DISPROPORTIONATE SHARE PAYMENTS: GOOD SAMARITAN HOSPITAL (AB 1150) Administrative Analyst Trudy Slater explained that the issue of dispropoj'tionate share payments relating to Good Samaritan Hospital, located in the County of Kern, had been referred to the Committee at the Council meeting of March 26. Mr. Bob Orr had spoken on behalf of Victor Brewer of Good Samaritan Hospital asking support for AB 1150. Ms. Slater explained that at the time Mr. Orr had spoken before the Council, AB 1150 was indeed a "Good Sam" bill. Since that time the information relating to Good Samaritan Hospital had been moved to AB 147. At the time of the Committee meeting, AB 1150 dealt only with the establishment of a Kern County Health Authority by the Board of Supervisors, an issue separate from the "Good Sam" bill. AB 147, the new "Good Sam" bill, would allow Good Sam to re-report to the State Department of Health Services on charges incurred by the hospital for the 1995-96 disproportionate share hospital payment qualification period. (A disproportionate share hospital is generally defined as one that has disproportionately higher costs, volume, or services related to the provision of services to Medi-Cal or other Iow-income patients than the statewide average.) The Department would then be required to recalculate the disproportionate share payment based on the new figures. The difference between what the Department had already provided and the new amount would be paid to Good Sam or, alternatively, would be considered as full and complete compromise for any and all disputed or undisputed recoupment discrepancies for all prior payment periods. The Committee agreed that it would be difficult for it to support a bill which would identify one particular hospital for this type of process. As this could have a direct impact on the County and Kern Medical Center rather than the City, the Committee felt that the City's involvement was at best indirect. Also, as there had been several changes since Mr. Orr had requeSted City support, the Committee felt DRAFT Agenda Summary Report Legislative and Litigation Committee April 10, 1997 Page -3- it was premature to take a stance at this point. Staff was directed to monitor the progress of the "Good Sam" bill. A motion was made and approved to direct staff to prepare a letter for Chairman Sullivan's signature to Mr. Orr explaining the Committee's position and that no further action was needed. 7. ADJOURNMENT The meeting adjourned at 5:05 p.m. Staff Attendees: Administrative Analyst Trudy Slater (P:~-&L~.041097.MIN) BAKERSFIELD CiTY MANAGER'S OFFICE MEMORANDUM JUNE 13, 1997 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JUDY SKOUSEN, CITY ATTORNEY TRUDY SLATER, ADMINISTRATIVE ANALYST III VIA: ALAN TANDY, CITY MANAGER SUBJECT: COUNCIL REFERRAL REQUEST (CURFEW LAW) (WF0013384/001) At the City Council meeting of June 11, 1997, Councilmember Salvaggio requested information on curfew law, referencing his prior request of some years ago. At the Council meeting of January 11, 1995, Councilmember Salvaggio referred to the Legislative and Litigation Committee "the issue of juvenile crime and that increases with respect to the curfew problem; and review the Bellflower ordinance and any other city's ordinances that could be helpful." The Legislative and Litigation Committee reviewed the "Bellflower curfew ordinance and other helpful ordinances" in reducing juvenile crime at its meeting of February 15, 1995. Committee members were sensitive to needs of minors to be out past curfew for legitimate reasons and recognized a trend in other communities for later curfew times. The Chief of Police indicated he would complete an assessment of curfew laws, review information on cost recovery systems, and evaluate possible remedies which would be effective in Bakersfield. Proposals of the Police Department were evaluated in light of court rulings at that time, and it was determined that enforcement would not be feasible given current Departmental priorities. On June 9, 1997, the Ninth Circuit Court of Appeal ruled that San Diego's curfew ordinance was unconstitutional. Bakersfield had submitted a "friend of the court" brief for itself and 113 other California cities arguing that San Diego's curfew or_di~ance was ALAN TANDY, CITY MANAGER PAGE 2 COUNCIL REFERRAL REQUEST (CURFEW LAW) JUNE 13, 1997 not constitutionally infirm. The cities joining in that brief all had curfew ordinances worded-similarly to San Diego's. Because of the Ninth Circuit's ruling, and San Diego's unwillingness to pursue the case to the United States Supreme Court, the ordinance must be r~viewed to see if it is narrowly drawn so as to survive a constitutional challenge. A meeting has been set up with City Attorney's staff and the Chief of Police to review the ordinance, the San Diego decision, and other cities' ordinances. The resulting recommendation willl then be forwarded to the Legislative and Litigation Committee for further action. Councilmember Salvaggio also raised a question regarding the Arvin curfew ordinance. Arvin has adopted both a daytime and a nighttime ordinance. Its nighttime ordinance is -very similar to,that of Bakersfield. The next regularly scheduled meeting of the Legislative and Litigation Committee' is set for Thursday, July 10. (P:\L&L\M0613971 ) _ cc: Steve_Brummer, Chief of Police Janice Scanlon, Deputy City Attorney II