PURPOSE

Staff is requesting City Council accept a Grant Deed for conveyance of a temporary worker center, located at 1190 South Flower Street (adjacent to the new Home Depot store), and approve a one (1) year agreement with Catholic Charities of Los Angeles, Inc. for the daily operation and management of the temporary worker center.

BACKGROUND

On April 13, 2004 the City Council approved Conditional Use Permit No. 2002-6, Sign Variance No. 2002-1 and Development Review No. 2002-12 for a Proposed Home Depot store at 1200 South Flower Street.  Condition of approval no. 1.Q was included that required Home Depot to construct and transfer to the City a Day Laborer Facility (Exhibit A).   Home Depot has completed construction of the Day Laborer Facility and provided a Grant Deed for City Council acceptance in compliance with the provisions of conditional of approval no. 1.Q.

1.Q      Day Labor Facilities

a.         Construction of Day Laborer Facility.  Prior to issuance of a certificate of occupancy for the Home Depot store, Home Depot shall construct, at its sole cost and expense, a building to be utilized as a day laborer facility (�Day Laborer Facility�) on the northwestern corner of the site as delineated on the approved Site Plan dated February 15, 2004 (�Day Laborer Site�).  The construction of the Day Laborer Facility shall comply with applicable building codes and shall meet the following minimum requirements to the satisfaction of the Community Development Director:

i.          The building shall have a minimum adjusted gross floor area sufficient to meet the requirements of this condition;

ii.         The building shall contain an office with a minimum area of 96 square feet and a maintenance storage room;

iii.        The building shall contain one unisex restroom with a toilet, urinal and lavatory, which must comply with ADA/Title 24 Requirements for handicapped accessibility;

iv.        The facility must have a covered outdoor area of at least 500 square feet;

v.         In addition, the facility must have an uncovered outdoor area of a minimum of 1,000 square feet;

vi.        Notwithstanding anything in this condition of approval to the contrary, the construction of the Day Laborer Facility shall be deemed to be a condition of regulatory approval of the Home Depot Store and shall be deemed for all purposes to constitute a "private improvement" and not a "public works".

b.         Transfer to City.  Upon delivery to Home Depot of at least 60 days written notice, Home Depot shall transfer the completed Day Laborer Facility and Day Laborer Site to the City, or to a third party designated by the City in its sole discretion, at no cost to the City or such third party by dedication of an easement, lease, fee grant, or other transfer, the method of transfer being at Home Depot�s sole option, with reasonable, customary terms and conditions.  The terms and conditions of the dedication of the easement, lease, fee grant, or other transfer shall be set forth in an agreement between Home Depot and the City, wherein the City agrees to accept, or cause a third party to accept, the dedication of the Day Laborer Facility and Day Laborer Site (the �Conveyance Agreement�).  The Conveyance Agreement shall be subject to the City Council�s approval, in its sole discretion. 

c.         Operation.  Upon transfer of the Day Laborer Facility and Day Laborer Site to the City, Home Depot shall not be responsible for any costs, liabilities, or other obligations associated with its operation.

On April 13, 2004 the City Council also included condition of approval no. 1.T that required Home Depot to make an annual payment of $94,000 to provide additional mitigation for public services related to operating the store.  The fee will be paid on an annual basis, and use of the funds is reserved for the City�s discretion.  The City has elected to use these funds for the daily operation and management of a temporary worker center adjacent to the Home Depot store.     

1.T      City Services

The Applicant has committed to pay $94,000 annually to the City to pay for any additional City services, including, without limitation, police, and fire, and community services, related to Home Depot store operations.  Upon commencement of operation of the Home Depot Store, the Applicant shall make annual payments to the City in the amount of $94,000 per year.  After the first payment upon or prior to commencement of operation of the Home Depot store, this payment shall be payable thereafter annually to the City within sixty (60) days of Home Depot's receipt of a written invoice for $94,000 from the City.  Home Depot shall continue to pay annually $94,000 to the City until either (1) the closure of the Home Depot store, or (2) a determination by the Council of the City of Burbank, in its sole and absolute discretion, that the annual payment is no longer warranted.

ANALYSIS

All construction related conditions of approval attached to the conditional use permit for the Home Depot store have been complied with.  Home Depot also completed construction of the temporary worker center and the necessary identification and directional signs have been installed. The City has also received a Grant Deed for conveyance of the temporary worker center site to the City, and the grant Deed has been reviewed and approved by the City Attorney�s Office (Exhibit B). 

Park, Recreation and Community Services staff did extensive research on temporary worker centers throughout the country, focusing on those in Southern California.  Part of the research included surveying cities in California.

In December 2004, an oversight committee comprised of staff from various City departments including; Park, Recreation and Community Services, City Attorney, Police, Community Development, and Management Services, was created to develop operation and management specifications for a temporary worker center.  The requirements include: providing at least two and a half (2.5) staff members to operate and manage the site; open 360 days a year, with operation hours of 6:00am to 4:00pm, Monday through Sunday; overseeing a lottery job distribution system without charging fees; posting, maintaining and enforcing written rules governing the operation of the Center; performing daily trash pick-up and similar minor maintenance work; meeting at least once a month with the City staff to discuss operations of the Center; and posting a phone number that residents can call with concerns.

On March 1, 2005 a Request for Proposal (RFP) for the operation and management of a temporary worker center was released.  The RFP packet was comprised of specifications, a proposed budget form, a site map and a draft agreement.  The budget form asked for a breakdown of costs for personnel, insurance, maintenance, utilities, supplies, marketing and other expenses.  Solicitation letters were sent out to three organizations that have experience operating temporary worker centers.  The organizations include City Impact, which operates a center in the City of Thousand Oaks, Instituto de Educaci�n Popular del Sur de California (IDEPSCA) with operates two centers in the City of Pasadena and multiple centers in the City of Los Angeles; and Catholic Charities which operates a center for the City of Glendale. 

Two proposals were received by the March 28, 2005 due date.   The two proposals were from City Impact and Catholic Charities.  City Impact�s proposed budget was $165,356, while Catholic Charities� proposed budget was $95,723.  Catholic Charities submitted the lowest bid, 72% lower than City Impact.  The oversight committee carefully reviewed both proposals and selected Catholic Charities, with the condition that they revise their proposal to meet the City�s budget of $94,000.  In June 2005, Catholic Charities and staff successfully negotiated a revised budget of $94,000.

The agreement is for a period of one year, with the option of additional one- year extensions.  It should be noted that the agreement may be canceled or terminated at any time by either party without cause (Exhibit C). 

FISCAL IMPACT

Home Depot was required to construct and transfer to the City a temporary worker center and no financial compensation is associated with acceptance of the Grant Deed for the center.   

The compensation for operation and management of the temporary worker center will not exceed $94,000.  Funding for this service is revenue off-set, and has been included in Fiscal Year 2005-2006 Budget.  Home Depot has submitted the first annual payment of $94,000, and funds are available for operation and management of the temporary worker center in account 001.PR28A.62710.0000.000000.

RECOMMENDATION

Staff recommends City Council accept the Grant Deed for a temporary worker center, and approve an operation and management agreement with Catholic Charities of Los Angeles, Inc. for the daily operations of the temporary worker center located at 1190 South Flower Street, adjacent to the new Home Depot store.

LIST OF EXHIBITS

Exhibit A         Site Plan of Temporary Worker Center

Exhibit B         Conveyance Agreement

Exhibit C        Operation and Management Agreement with Catholic Charities

go to the top