Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

Legal Opinion re: Prohibition against Employment of Unauthorized Alien:. Please be advised that we have received your request for a legal opinion regarding the lssue of whether Local Governments can pass legislation to prohibit the employment of unauthorized aliens. In response to your request, we have found that the employer sanction provision of INA ~ 274A [ 8 U. S. C. A ~ 3]24a] expressly preempts any state or local govemment from passing a law imposing civil or criminal sanctions, other then through licensing and similar laws, upon those who employ. recruit. or refer for employment, W1authorized aliens. This means that stare and 10ca11egislations may prohibit the employment of unauthorized aliens) but they may not impose any criminal or civil penalties on those who do. The criminal and civil penalties are imposed only by Federal Law. Also, the 10cal1aw enforcement may arrest those who employ, recruit, or refer fOT employment. unauthorized a1i~ but the loca11aw enforc~ment must immediately tllm over those individuals to Federal Authorities. Should you have any questions, please so advise. mi Ilerscr\'lldali\IiI~$\ mun: cilllll\ mt'm",\2006\ dmil! \ ouIims6 .30 .06.d<>~ mc""  AMERICAN [ IV): LIBERTIES UNION SAN DiEGO & IMPERIAL COUNTIES PO Box 8713J San go. CA 1)2138- Di.: 71.1 J 1'/ 61')- 232- 2121 Fi b } ')- 232- 0036 1\""\\ 3C . IIlsandkgo. org September 27, 2006 VIA FACSIMILE ( 760) 741- 7541 AND E- MAIL Lori Holt Pfeiler, Mayor Ed Gallo, Mayor Pro Tern Sam Abed, Council Member Ron Newman, Council Member Marie Waldron, Council Member Jeffrey R. Epp, City Attorney City of Escondido 201 North Broadway Escondido, CA 92025- 2798 Dear Mayor, Mayor Pro Tern, Council Members, & City Attorney: The ACLU Foundation of San Diego & Imperial Counties writes to join with many of your constituents, business leaders, and community organizations in urging you to refrain from enacting any legislation involving the topic of immigration, including but not limited to any ordinance relating to the renting of property to immigrants. Such an ordinance is likely to put landlords between a rock and a hard place - on the one hand subjecting them to penalties if they misinterpret a renter' s immigration status and on the other hand exposing them to the risk of violating state and federal fair housing laws by profiling persons of certain racial or ethnic groups as more or less likely to be citizens or documented immigrants. If enacted, the ordinance would create unnecessary hardship and homelessness, particularly for innocent children, as well as an expensive bureaucracy for the city. As noted by the North County Times, even if the ordinance " were remotely possible to enforce, it would be immoral, unjust and intrusive - not to mention absurdly expensive." http:// www. nctimes. com/ articles/ 2006/ 08/ 18/ opinion/ editorials/ 20 50 088 J 7 06. txt) The ordinance is also likely to be preempted by federal law, because, under our Constitution, immigration is exclusively a federal issue. It would thus violate the Mayor, Mayor Pro Tern, City Council Members & City Attorney, City of Escondido Page Two Supremacy Clause ( U. S. Const., art. VI, ~ 2), and - above and beyond the high costs of implementation - would divert taxpayers' funds from other lawful projects the city hopes to pursue. Without a draft of the ordinance in hand, it is impossible to make a complete list of the legal problems it would create, but it may well have numerous other legal flaws, such as violations of due process and equal protection as well as anti- discrimination laws, 1981 and the Fair Housing Act (42 U. S. c. ~ including but not limited to 42 U. S. c. ~ 3601 et seq.) The ACLU is prepared to launch an immediate legal challenge to any unlawful ordinance that the City of Escondido may enact relating to the issue of immigration. We urge you to forestall the need for such litigation by refraining from enacting such an unnecessary and unlawful ordinance. Sincerely yours, s/David Blair- Lay Dayid Blair-Loy Legal Director  CITY COUNCIL WORKSHOP November 14, 2006 Workshop Agenda Discussion of US98 parking lot lease letter from Tringas Irrevocable Trust) Finance Director) Agenda Item Number: WA- 5  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, aty Manager From: Lisa Absher, Finance Director Date: ovenaber9, 2006 Subject: Tringas Trusts' Request to Renegotiate Park Lot Lease Background: On ~ ovember 3"\ 2006, I received a letter from John Tringas providing notice of his intent to renegotiate the existing parking lot lease for the Tringas' ponion of the next to the " parking Jimmies ews Stand" business located downtown on Miracle Strip Parkway (SR 98). The parking lot in question sits on two parcels of land, one portion owned by the aty consisting of approximately 32 spaces, and a second parcel of 29 spaces owned by the Tringas family. This lot has historically been improved and maintained by the aty as one continuous parking lot. The aty has agreements for the shared use of this property since 1966. The current lease is dated 1/ 01/ 1975. This lease requires 30 days notice of tennination. The letter from Mr. Tringas asks the aty to respond within 30 days with a proposal for a rent increase, and requests information regarding two land- use issues. Discussion: Although the 1975 lease agreement requires a rent payment equal to the aty and County property taxes assessed on the property, the aty has historically provided additional consideration in the value of maintaining the property, capital improvements to the property, landscaping, utilities, and other actions providing benefit to the Tringas' as owners of the lot, the customers who use the lot to benefit the adjoining businesses, which in-turn benefits the Tringas' as landlord to those businesses. The aty has also historically paid the entire tax bill for that property, which is greater than the " aty and CountY' portion required by the 1975 agreement. Mr. Tringas' letter requests that the aty propose a rent amount. The aty does not have other similar parking lot rental agreements upon which to compare or derive an amount. The City's staff could contact a Realtor or other expert to obtain this information or research " a fair market rate" as requested by this letter, if that is the desire of the Council. In an internal memorandum dated 11/ 08/ 06, attached, the Community Development Services Department has provided research and answers to the Tringas' request for information regarding possibly fencing the property in the future, and the history behind the aty' s 2002 curb- cut on the property for parallel parking. In requesting the infonnation regarding fencing this in letter, the Tringas' may be indicating their future intention to restrict access to this lot. Fencing of unused land  use of this property in a different way than may be allowed, however some modifications for future a parking lot may be subject Gty approval to due to wning and use requirements at that location. In addition, some further detennination of property boundaries may be needed, and a survey of this property could be ordered, if that is the desire of the Council. The rent payment for this year was anticipated to be $ 3, 358. 04 ( amount of 2006 tax bill for the ) . The City and County portion, only, would total $ 1,798. 83. This payment has not yet propeIt1 been made by the Gty. The County Property Appraiser has valued the property at $ 216, 836 as of 1/ 01/ 06. If the property could be purchased for close to this amount, the funds could be made available from undesignated fund balance. Any possible purchase of the property would require a certified appraisal by a commercial Appraiser in accordance with State law. Recommendation: Staff recommends Council authorization to respond to this letter as follows: a. Authorization for Staff to renegotiate the 1975 lease to include an increase in rent up to the total annual tax bill for that parcel. For 2006, this would be an increase of 85%. Due to the City's maintenance and history of improvements, no further rent increases are recommended. and!or - b. Authorization for Staff to negotiate for the purchase of this property. Submitted By: II/ O'/~ OO'- c': ce D~ r Date Reviewed and Concur. Iff/ Oft;, I anahan, Gty Manager : Date Jo e Attachments: 1. Memorandum from CDS. 2  City of Fort Walton Beach Community Development Services Memorandum To: Lisa Absher, Finance Directo~~ ThrOUgh~' . ssy McKim, CDS Director '\" \ F~ eggy Fowler, Principal Planner Date: vember 8, 2006 Re: Backup Information in Response to Tringas Letter dated 11/ 3/ 06 Reauest In letter to the City' s Finance Director, dated November 3, 2006 ( Exhibit 1), a John J. Tringas requests the following: 1. That the City submit a proposal for an increase in rent from the current reimbursement of property tax to a "fair market rent;" 2. That the City forward the regulations and restrictions for constructing a fence on private property that fronts on Main Street and Brooks Street; and 3. That the City fumish a copy of the contract giving the City permission to add parallel parking on Brooks Street when that project was under construction. Backaround The City first leased the property west of " Jimmies News Stand" for use as a municipal parking lot in 1966. Following is the timeline of activity relating to the Tringas Parking Lot: August 9, 1966 - Resolution 66-22 was adopted by the City Council to allow the City Manager to enter into a lease with James