City of Lemon Grove
City Council Regular Meeting Agenda
Tuesday, November 1, 2022, 6:00 p.m.
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
For everyone’s protection, all attendees must maintain a safe social distance. Face coverings are optional but strongly recommended during the meeting.
City Council
Racquel Vasquez, Mayor
Jerry Jones, Mayor Pro Tem
Jennifer Mendoza, Councilmember
Liana LeBaron, Councilmember
George Gastil, Councilmember
A complete agenda packet is available for review on the City’s website The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency
Call to Order
Pledge of Allegiance
Changes to the Agenda
Public Comment
Digitally submitted public comments received by the City Clerk at [email protected] will not be read out-loud during the meeting. However, they will be provided to the City Council and remain part of the meeting’s records. Per the Lemon Grove Municipal Code Section 2.14.150, live comments are allotted a maximum of three (3) minutes.
Consent Calendar
(Note: The items listed on the Consent Calendar will be enacted in one motion unless removed from the Consent Calendar by Council, staff, or the public.)
1.A Waive Full Text Reading of All Ordinances on the Agenda Reference: Kristen Steinke, City Attorney
Recommendation: Waive the full text reading of all ordinances included in this agenda; Ordinances shall be introduced and adopted by title only.
1.B City of Lemon Grove Payment Demands
Reference: Joseph Ware, Finance Manager
Recommendation: Ratify Demands
City of Lemon Grove City Council Meeting November 1, 2022
1.C Approval of City Council Meeting Minutes
Reference: Audrey Malone, City Clerk
Recommendation: Approval of City Council Meeting Minutes, meeting of October 18, 2022.
Public Hearing(s):
2. Authorize the FY 2023-2024 Community Development Block Grant (CDBG) Program Application
Reference: Izzy Murguia, Public Works Director and Christian Olivas, Management Analyst
Recommendation: That the City Council hold a public hearing, receive public comment, and adopt a resolution authorizing the submittal of an application for the Fiscal Year 2023-2024 Community Development Block Grant Program.
Report(s) to Council:
3. Shop Local Digital Gift Card Program
Reference: Lydia Romero, City Manager
Recommendation: Adopt a resolution approving a contract with Hinderliter, de Llamas and Associates, Inc. (HDL); a contract with Yiftee, Inc. for the development of the gift card program, and allocate $150,000 from American Rescue Plan Act (ARPA) funds for the purpose of implementing a program strategy to support local businesses with a shop local digital gift card program.
City Council Reports on Meetings Attended at the Expense of the City (GC 53232.3 (d)) (53232.3. (d) states that members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.) City Manager Report
Adjournment
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS
CITY OF LEMON GROVE )
I, Audrey Malone, City Clerk of the City of Lemon Grove, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Lemon Grove, California, was delivered and/or notice by email not less than 72 hours, on or before the hour of 6:00 p.m. on October 27, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.lemongrove.ca.gov and at Lemon Grove City Hall, 3232 Main Street Lemon Grove, CA 91945.
/s/: Audrey Malone
Audrey Malone, City Clerk
In compliance with the Americans with Disabilities Act (ADA), the City of Lemon Grove will provide special accommodations for persons who require assistance to access, attend and/or participate in meetings of the City Council. If you require such assistance, please contact the City Clerk at (619) 825-3800 or email [email protected]. A full agenda is available for public review at City Hall.
FY 22-23 City Council Priorities and Work Plan
Strategic Focus Area:
Public Streets and Sidewalks
City Council Work Plan
2022 - 2023
Repairs
Traffic Calming
Street Repairs: Improve streets
in poor condition in neighborhoods
and near schools and parks
Costs: Staff recommends
allocating $250,000 for
streets 25 pci and below
Staff Time: 15-25 hrs
– field street analysis;
prepare repair plan;
prepare bid plans; contract management.
On going
PMP: Implement a Pavement
Management Program (PMP) in
FY 23
Costs: $75,000 (carry over
from FY 21-22)
Staff Time: 25-30
hrs –prepare bid plans;
city council reports and
contract management.
Summer/Fall 22
Traffic Calming: Continue traffic
control and calming strategies and
projects
Costs: Unknown. City was
awarded a CalTrans grant to
create mobility plan to improve
safety especially around
schools
Staff Time: 15-25 hrs
– grant management,
contract preparation,
city council reports and
contract management.
Summer 22
Vision Zero Plan:
Develop Vision Zero Plan for
Council review/approval
Costs: Estimate of $50,000 to
$75,000
Staff Time: 25-30
hrs –prepare bid plans;
council reports and contract management.
Summer/Fall 22
Strategic Focus Area:
Revenue, Economic Development, and Budget
Economic Development
Economic Development Plan:
Seek a RFP for an Economic
Development Plan
Costs: $50,000, this is carry
over from FY 21-22
Staff Time: 10-15 hrs
– prepare bid proposal,
contract preparation,
city council reports and
contract management
On going
FY 22-23 City Council Priorities and Work Plan
Budget Expenditures
Equipment, Technology and
Resources: Develop a prioritized
list of equipment (vehicles, etc.) and
technology (computers, programs,
etc.) needs for Council review and
vote
Costs: Unknown Staff Time:
15 -20 hrs – prepare
report, council presentation
February 23 - Report to be
completed for mid-year budget
update
Improve Staff Pay and ok
Nonmonetary Benefits.
Costs: Varies, depending on
City Council’s direction
Staff Time:
5 hrs – prepare report,
council presentation
On-going
Strategic Focus Area:
Public Safety/Law Enforcement & Homelessness
Strategic Focus Area:
Community Life
Public Safety
Communications
Traffic Enforcement: Increase
traffic control deputy from half-time
to fulltime
Costs: $233,000. This items
will increase the Sheriff’s
contract in FY 22-23. This item
will be built into future budgets, unless directed to remove from City Council.
Staff Time: .5 hrs –
notify contracts division
of sheriff’s department
Summer 22
Communication Specialist:
Increase Communications
Specialist from ½ to fulltime
Costs: approximately
$50,000 which includes
salary, benefits and retirement costs.
Staff Time: 1 hrs –
internal processes in
HR and Finance
Summer 22
Council Meetings: A report
will be prepared for City
Council’s consideration that
would detail equipment and
building costs to provide broadcasting of City Council meetings.
Costs: Will be determined
on report to council.
Staff Time: 25-
30hrs. The Staff
will be dedicated to
create the report with
several alternatives.
Fall 2022
Parks/Park Space/Open Space
Rec. Center: Conduct Feasibility
study for opening recreation center
on Saturdays
Costs: Unknown, until report
is completed.
Staff Time: 7 to 10 hrs
– research, costs analysis
and create report for
City Council
Summer 22
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No. 1.A
Meeting Date: November 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Kristen Steinke, City Attorney
Item Title: Waive the Full Text Reading of all Ordinances Summary: Waive the full text reading of all ordinances included in this agenda.
Ordinances shall be introduced and adopted by title only.
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: None.
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No. 1.B
Meeting Date: November 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Joseph Ware, Finance Manager
[email protected]
Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: None.
City of Lemon Grove Demands Summary
Approved as Submitted:
Joseph Ware, Finance Manager ACH/AP Checks 10/11/22-10/21/22 392,541.60 For Council Meeting: 11/01/22
Payroll - 10/18/22 128,741.97
Total Demands 521,283.57
CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
ACH Oct4 22 US Treasury 10/11/2022 Federal Taxes 10/4/22 37,843.22 37,843.22 ACH Stmt 9/28/22 Home Depot Credit Services 10/12/2022 Home Depot Purchases - Sep'22 1,272.46 1,272.46 ACH Refill 10/12/22 Pitney Bowes Global Financial Services LLC 10/13/2022 Postage Usage 10/12/22 250.00 250.00 ACH Sep22-CC Wells Fargo 10/13/2022 Credit Card Processing-Mo.Svc - Sep'22 9.95 1,264.04 Sep22-CC Credit Card Transaction Fees- Sep'22 1,254.09
ACH 188097 Aflac 10/19/2022 AFLAC Insurance 10/19/22 1,561.06 1,561.06 ACH Sep7- Oct4 22 California Public Empl Retirement System 10/20/2022 Pers Retirement 9/7/22-10/4/22 67,035.09 67,035.09 ACH Oct18 22 Employment Development Department 10/20/2022 State Taxes 10/18/22 7,763.64 7,763.64 ACH Oct5-Oct18 22 Calpers Supplemental Income 457 Plan 10/21/2022 457 Plan 10/5/22-10/18/22 6,146.09 6,146.09 16362 5440815 Bearcom Group Inc. 10/12/2022 Portable Radios Monthly Contract 9/22/22-10/21/22 150.00 150.00 16363 Oct2022 Benefit Coordinators Corporation (BCC) 10/12/2022 LTD Insurance - Oct'22 676.48 1,251.58 Life Insurance - Oct'22 575.10
16364 1000339010 City of San Diego 10/12/2022 Metro Industrial Wastewater Control Program- FY2022 1,724.00 4,489.00 1000339040 Metro Industrial Wastewater Control Program/Pretreatmt- FY2022 2,765.00 16365 82149916 Corelogic Solutions, LLC. 10/12/2022 RealQuest Graphics Package - Sep'22 300.00 300.00 16366 23CTOFLGN03 County of San Diego- RCS 10/12/2022 800 MHZ Network - Sep'22 1,767.00 1,767.00 16367 7337 D- Max Engineering Inc 10/12/2022 8187 Mt Vernon St SWQMP Review 6/20/22-6/30/22 447.00 1,207.00 7366 6691 Federal CUP-210-0001 SWQMP Review 7/1/22-8/3/22 760.00 16368 01111004 Discount Specialty Chemical 10/12/2022 Disinfectant Cleaner 289.99 289.99 16369 Reimb 10/3/22 Fellows, Michael 10/12/2022 Reimb: Office Supplies 93.91 93.91 16370 INV1023758 George Hills Company 10/12/2022 Annual Admin Fee - 7/1/22-6/30/23 1,200.00 2,662.80 INV1023759 PINS Annual Software License Fee 1,350.00
INV1024065 TPA Claims- Adjusting/Other Services - Sep'22 112.80 16371 8/29/22-9/28/22 Helix Water District 10/12/2022 Water Svc -FH#313300 3232 Main 8/29/22-9/28/22 99.84 99.84 16372 15130 Infrastructure Engineering Corporation 10/12/2022 Prof Svc: FY21-22 Street Rehab Proj 8/1/22-8/31/22 2,294.00 2,294.00 16373 154107 Knott's Pest Control, Inc. 10/12/2022 Monthly Bait Stations- Civic Ctr- Oct'22 60.00 120.00 154106 Monthly Bait Stations- Sheriff- Oct'22 60.00
16374 1253970 Life-Assist, Inc. 10/12/2022 Nitrile Exam Gloves 2,014.93 2,014.93 16375 5438178 Mallory Safety and Supply, LLC 10/12/2022 Nitrile Gloves/Hard Hat 548.45 1,398.81 5448032 Nitrile Gloves 637.77
5448033 Nitrile Gloves 212.59
16376 IN1772521 Municipal Emergency Services Inc 10/12/2022 SCBA Repair 199.13 199.13 16377 76881554 Occupational Health Centers of CA 10/12/2022 Annual DMV Medical Exam - 10/3/22 110.00 353.15 I23-1235922498 Medical Exam - 9/13/22 243.15
16378 PD-51991 Plumbers Depot Inc 10/12/2022 Sewer Camera- Replace Rear Gasket 2,130.01 2,130.01 16379 155949PS SCA of CA, LLC 10/12/2022 Street Sweeping/Main St - Bulk Item Event 9/17/22 360.00 360.00 16380 3568860625/1022 SDG&E 10/12/2022 Electric Usage:St Light 9/1/22-9/30/22 1,995.53 4,911.58 4154920380/1022 Electric Usage:St Light 9/1/22-9/30/22 2,916.05 16381 CLG-103 Smith Air Conditioning 10/12/2022 Service Call - AC Unit Repair - Comm Ctr 631.00 1,555.00 CLG-104 Service Call - AC Unit Repair - Fire Stn 115.00 CLG-105 Service Call - AC Unit Repair - Fire Stn 193.00 CLG-107 Service Call - AC Unit Repair - Comm Ctr 616.00 CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
16382 81743 Southwest Signal Service 10/12/2022 Markout Reports - Underground Service Alert - Jul'22 128.15 9,964.33 81744 Bi-Monthly Traffic Signal Maintenance - Jul'22 971.88 81745 Traffic Signal Service Calls - Jul'22 3,765.16
81854 Bi-Monthly Traffic Signal Maintenance - Sep'22 971.88 81855 Markout Reports - Underground Service Alert - Sep'22 42.72 81856 Traffic Signal Service Calls - Sep'22 4,084.54
16383 8348110100122 Sparkletts 10/12/2022 PW Yard - Water 71.01 71.01 16384 8067766580 Staples Advantage 10/12/2022 Office Supplies & Copy Paper - City Hall 793.74 793.74 16385 081422-LG Tallal, Inc. 10/12/2022 Outdoor Movie Screen/Movies in the Park/Berry St Pk 8/12/22 545.00 545.00 16386 22-2301062 Underground Service Alert of SC 10/12/2022 State Fee/Regulatory Monthly Costs/Dig Alert 2021 35.10 35.10 16387 920220403 Underground Service Alert/SC 10/12/2022 60 New Ticket Charges - Sep'22 115.00 115.00 16388 81210863 Waxie Sanitary Supply 10/12/2022 Janitorial Supplies - Fire 221.43 2,114.29 81240139 Janitorial Supplies 1,892.86
16389 190026 West Coast Arborists, Inc. 10/12/2022 LMD Tree Maintenance - 8/16/22-8/31/22 4,952.80 19,951.84 190027 TDA Tree Maintenance - 8/16/22-8/31/22 14,999.04 16390 0001606425-IN WEX Health, Inc. 10/12/2022 COBRA - Monthly/Sep'22 85.00 85.00 16391 L1072895WJ American Messaging 10/19/2022 Pager Replacement Program 10/1/22-10/31/22 51.24 51.24 16392 9/13/22-10/12/22 AT&T 10/19/2022 Phone Service 9/13/22-10/12/22 97.24 97.24 16393 5656102959 AutoZone, Inc. 10/19/2022 Coolant/Cleaner - PW Fleet 51.34 276.13 5656103181 Antifreeze/Coolant - PW Fleet 38.77
5656104914 Lock for Tow Hitch - LGPW#22 '03 GMC 2500 24.77 5656121684 Duralast Wipers, LED Turn Light, Bulbs - PW Fleet 55.74 5656140236 Motor Oil - PW Fleet 24.53
5656149858 Diesel Exhaust Fluid/Windshield Wiper - LGPW#32 '14 GapVax 62.57 5656149960 Windshield Wiper - LGPW#17 '99 Ford F350 18.41 16394 L1969 Aztec Landscaping Inc 10/19/2022 Labor - Irrigation Repairs - Various Locations 519.24 2,076.94 L1969 Irrigation Repairs - Trolley Corridor 1,557.70
16395 Oct2022 Benefit Coordinators Corporation (BCC) 10/19/2022 Dental Insurance- PPO -Oct'22 4,281.60 4,281.60 16396 65444 Boot World Inc 10/19/2022 Work Boots - PW 250.00 250.00 16397 900640 Cable Pipe & Leak Detection Inc 10/19/2022 Leak Detection - Senior Ctr 320.00 320.00 16398 Caneday Caneday, Alicia 10/19/2022 Refund/Caneday, Alicia/Returned Replacement Dog Tag 5.00 5.00 16399 5374-Aug City of Chula Vista 10/19/2022 Animal Control Services- Aug'22 25,104.00 76,153.64 5374-Aug Animal Control Vehicle Lease Agrmt - Aug'22 650.00 5374-Jul Animal Control Services- Jul'22 25,104.00
5374-Jul Animal Control Vehicle Lease Agrmt - Jul'22 650.00 5374-Sep Animal Control Vehicle Lease Agrmt - Sep'22 650.00 5374-Sep Animal Control Services- Sep'22 25,104.00
ACSERV-Aug Credit/Impound Fees/Animal Control Services- Aug'22 -300.00 ACSERV-Jul Credit/Impound Fees/Animal Control Services- Jul'22 -850.00 ACSERV-Sep Credit/Impound Fees/Animal Control Services- Sep'22 -350.00 ACSERV-Sep After Hours Calls- Sep'22 391.64
16400 Sep 22 Colonial Life 10/19/2022 Colonial Optional Insurance Sep-22 256.16 256.16 16401 7459 D- Max Engineering Inc 10/19/2022 1896 Noble St Inspections 9/1/22-9/30/22 842.38 2,772.00 7460 1993 Dain Dr Inspections 9/1/22-9/30/22 552.88
7461 7508-7512 Church St Inspections 9/1/22-9/30/22 368.75 7462 7946 Broadway Kelvin Inspections 9/1/22-9/30/22 410.61 7463 8016 Broadway Inspections 9/1/22-9/30/22 597.38
16402 1004229905 Domestic Uniform Rental 10/19/2022 Shop Towels & Safety Mats 10/4/22 53.10 53.10 16403 18074 Eagle Paving Company, Inc 10/19/2022 CUPCCA #2202-03 FY21-22 Street Rehab Project. Various Locations 81,967.59 81,967.59 16404 264175 GB Auto Service, Inc. 10/19/2022 2 Tires & Installation - LGPW#17 '99 Ford F350 489.30 489.30 16405 HS-5607-0022 Home Start, Inc. 10/19/2022 LG Homeless Outreach - Sep'22 1,898.77 1,898.77 16406 72882 Horrocks Engineers Inc 10/19/2022 Prof Eng Svcs: FY19/20 Sewer Rehab Proj thru 9/30/22 863.72 863.72 16407 1774 Janazz, LLC SD 10/19/2022 2 Refurbished Windows10 Work Stations - PW Yard 1,074.98 1,074.98 16408 5438176 Mallory Safety and Supply, LLC 10/19/2022 Hard Hat/Lifeguard Hat 33.95 33.95 16409 13031611 McNamara Pump and Electric Inc 10/19/2022 Duplex Sewage Pump Stn Svc - 6794 Central 7,035.75 7,035.75 16410 10/18/22 MissionSquare 10/19/2022 Deferred Compensation PPE 10/18/22 780.77 780.77 CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
16411 266100 Ninyo & Moore 10/19/2022 FY21-22 Street Rehab Project/Prof Svcs thru 8/26/22 6,287.50 6,287.50 16412 3010374662 Parkhouse Tire Inc 10/19/2022 E10 4 Tires & Installation/Fleet Service 1,990.73 1,990.73 16413 119 RXR Plumbing, Inc. 10/19/2022 Plumbing Repair - Senior Ctr 9/23/22 3,887.00 3,887.00 16414 Sep22 SDG&E 10/19/2022 Gas & Electric 8/23/22-9/21/22 10,508.49 10,508.49 16415 CLG-6 Smith Air Conditioning 10/19/2022 Service Call - AC Unit Repair - Fire Stn 155.00 155.00 16416 Oct 18 Southern CA Firefighters Benefit Trust 10/19/2022 LG Firefighters Benefit Trust 10/18/22 784.55 1,615.25 Oct 4 LG Firefighters Benefit Trust 10/4/22 830.70
16417 609676 State of California- Department of Justice 10/19/2022 Fingerprint Apps - Sep'22 32.00 32.00 16418 121938888-0008 Sunbelt Rentals Inc. 10/19/2022 Equip Rental - Post Shore - Senior Ctr 8/4/22-8/31/22 127.97 807.04 121938888-0009 Equip Rental - Post Shore - Senior Ctr 9/1/22-9/28/22 127.97 129734425-0001 Propane 21.85
129796994-0001 Equip Rental - 45' Manlift 8/24/22 529.25 16419 13891 T-Man Traffic Supply 10/19/2022 Sign Supplies - Streets 712.93 712.93 16420 73405974 Vulcan Materials Company 10/19/2022 Asphalt/SS1 5 Gallon Bucket 273.73 1,316.96 73409275 Asphalt/SS1 5 Gallon Bucket 188.72
73409276 Asphalt 128.37
73411432 Asphalt 119.58
73411433 Asphalt/SS1 5 Gallon Bucket 75.43
73417710 Asphalt/SS1 5 Gallon Bucket 254.35
73420043 Asphalt 276.78
16421 81227401 Waxie Sanitary Supply 10/19/2022 Janitorial Supplies - Fire 32.18 32.18 392,541.60 392,541.60
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No. 1.C
Meeting Date: November 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Audrey Malone, City Clerk
[email protected]
Item Title: Approval of City Council Meeting Minutes
Recommended Action: Approval of City Council Meeting Minutes, meeting of October 18, 2022.
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: None.
1 MINUTES OF THE REGULAR MEETING
OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, October 18, 2022 at 6 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.
Call To Order:
Mayor Vasquez called the Regular City Council Meeting to order at 6:00 pm.
Present:
Mayor Racquel Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza, Councilmember Liana LeBaron, and Councilmember George Gastil.
Absent: None.
Staff Members Present:
Lydia Romero, City Manager, Kristen Steinke, City Attorney, Steve Swaney, Fire Chief, Patrick McEvoy, San Diego Sheriff’s Lieutenant, and Audrey Malone, City Clerk and Izzy Murguia, Public Works Director.
Pledge of Allegiance:
Led by Mayor Pro Tem Jones.
Changes to the Agenda:
Councilmember LeBaron requested via email to pull Item 1.B City of Lemon Grove Payment Demands, item to be heard after Item 2 on agenda.
Public Comment:
Email Submitted:
• Rebecca Rapp
• Barbra Gordon
In-Person:
• John L. Wood
• Deborah Childers
• Sandra L. Goheen
• Lindsey Oliver
• Felina Thom
• Larry Thurman
• Vanessa McDonald
Mayor Vasquez calls a five minute recess at 6:33pm.
Mayor Vasquez reconvenes meeting at 6:35pm.
Public comment portion of the meeting continues.
In-Person:
• Johnny Conde (Not in the Chambers)
• Ricardo Miramontes (Not in the Chambers)
City of Lemon Grove Minutes October 18, 2022
2 Consent Calendar:
1.A Waive Full Text Reading of All Ordinances on the Agenda
1.B City of Lemon Grove Payment Demands
1.C Approval of City Council Meeting Minutes, October 4, 2022.
1.D Award an Agreement for Sewer Root Control Services to Duke’s Root Control, Inc.
1.E Approval of Final Map for Tentative Subdivision Map TM062 located at the Southwest Corner of Palm Street and Camino De Las Palmas
1.F Accept Donation From Christopher Williams of a Bumper Pool Table Action: Motion by Mayor Pro Tem Jones, second by Councilmember Gastil to approve the Consent Calendar minus Item 1.B Payment Demands.
The motion passed by the following vote:
Ayes: Vasquez, Jones, Mendoza, Gastil, LeBaron.
Noes: None.
Report(s) to Council:
2. Employee Equity Compensation Plan
Report presented by Lydia Romero, City Manager.
Councilmember LeBaron leaves dais at 6:50pm, returning at 6:55pm.
Public Comment:
Email Submitted: None.
In-Person: None.
Council have questions/comments of staff.
Action: Motion by Councilmember Gastil, second by Mayor Pro Tem Jones to approve the proposed Employee Equity Compensation Plan.
The motion passed by the following vote:
Ayes: Vasquez, Jones, Mendoza, and Gastil.
Noes: LeBaron.
Pulled Item:
Item 1.B Payment Demands
Mayor calls on Councilmember LeBaron who pulled the item to ask questions of staff.
Action: Motion by Mayor Pro Tem Jones, second by Councilmember Mendoza to ratify the payment demands.
The motion passed by the following vote:
Ayes: Vasquez, Jones, Mendoza, and Gastil.
Noes: LeBaron.
City Council Reports on Meetings Attended at the Expense of the City Councilmember Mendoza
• SANDAG Transportation Meeting
• Heartland Fire Open House
City of Lemon Grove Minutes October 18, 2022
3 • Lemon Grove Clergy Meeting
• SANDAG Board Meeting
• League of CA Cities Meeting
Councilmember LeBaron
• Meeting with residents on concerns
Councilmember Gastil
• Didn’t have a quorum at the SANDAG Regional Planning Committee meeting • Upcoming meeting: East County Economic Council Meeting • Upcoming meeting: MTS
Mayor Pro Tem Jones
• Adhoc Metro Wastewater Meeting
• Independent Oversight Committee/Finance Meeting
• IROC meeting
Mayor Vasquez
• Cal Cities African American Caucus Board Meeting
• Heartland Fire Open House
City Manager Report
• October 5-7 attended JPIA Conference
City Attorney Kristen Steinke adjourns meeting into Closed Session at 7:24pm a. Conference with Legal Counsel – Existing Litigation (Govt Code section 54956.9(d)(1)) Shawn Farson and Rosalinda Legge v. City of Lemon Grove (SDSC Case No.: 37-2020- 00029569-CU-OR-CTL)
City Attorney Kristen Steinke reconvenes meeting with nothing to report at 7:50pm.
Mayor Vasquez adjourns the meeting at 7:50pm to the next regularly scheduled City Council meeting to November 1, 2022.
Audrey Malone, City Clerk
FY 23-24 CDBG Application
November 1, 2022
Page | 1
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No. 2.
Meeting Date: November 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department
Staff Contact: Izzy Murguia, Public Works Director
[email protected], and
Christian Olivas, Management Analyst
[email protected]
Item Title: Authorize the FY 2023-2024 Community Development Block Grant (CDBG) Program Application
Recommended Action: That the City Council hold a public hearing, receive public comment, and adopt a resolution (Attachment A) authorizing the submittal of an application for the Fiscal Year 2023-2024 Community Development Block Grant Program.
Summary: The purpose of this agenda item is to hold a public hearing and receive City Council authorization to submit an application for the proposed Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Program funded infrastructure project. If successful, funds will be used to rehabilitate multiple streets that are in need, including Nida Place from Palm Street to cul-de-sac, Corona Street from Central Avenue to Roosevelt Avenue, and Davidson Avenue from Buena Vista Avenue to Main Street. The background and discussion sections below provide information regarding the CDBG program and application process as well as staff’s recommendation for the allocation of CDBG funds.
Background: The CDBG Program was created in 1974 and is administered by the U.S.
Department of Housing and Urban Development (HUD). The purpose of the program is to provide funds annually to all entitlement jurisdictions to develop a viable urban community through community development projects and affordable housing activities that benefit lowto moderate-income households and persons with special needs.
The County of San Diego, Housing and Community Development Services (HCDS) department currently serves as a grantee for the San Diego Urban County, a federally designated area, that includes the unincorporated areas of San Diego County and all non- FY 23-24 CDBG Application
November 1, 2022
Page | 2
entitlement cities within the County that choose to participate in the CDBG Program. As a non-entitlement jurisdiction, the City of Lemon of Grove must partner with the County of San Diego to received CDBG funds. According to the County of San Diego, CDBG-funded projects must satisfy one of three national program objectives:
• Provide a benefit to low and moderate income persons, • Prevent or eliminate slums and blight, or
• Meet needs having a particular urgency.
Eligible activities broadly include:
• Real property acquisition,
• Public facilities and improvements,
• Public services,
• Economic development (job creation), and
• Housing development and rehabilitation.
For over 20 years, the City has participated in the CDBG Program, predominately relying on CDBG funds for street rehabilitation projects in eligible neighborhoods. Most recently, the City Council approved the submittal of an application for CDBG funds for improvements to Buena Vista Avenue from North Avenue to Broadway Avenue (FY 2022-2023), Crane Street from Golden Avenue to the cul-de-sac (FY 2021-2022), and Golden Avenue from School Lane to Kempf Street (FY 2020-2021).
Discussion: On September 29, 2022, County staff informed the City that Lemon Grove was eligible to receive $121,395 in CDBG funding for FY 2023-2024. The County used the same CDBG allocation formula to calculate the City’s allocation that considers population, overcrowding, and poverty. To receive this funding, the City must submit a CDBG Program application detailing the proposed use of these funds to HCDS staff for consideration and approval. As part of the application process, the City Council must adopt a resolution authorizing the submittal of the CDBG Program application.
To determine the recommended street rehabilitation project, staff reviewed streets located in eligible census tract and block group areas provided by the County. Staff then compared eligible street segments against the current Pavement Management Program and selected streets and segments with a Pavement Condition Index (PCI) below or equal to 25. This preliminary criterion resulted in 22 street segments to be evaluated as potential projects for the FY 2023-2024 CDBG program. Next, staff examined the 22 street segments based on additional criteria to finalize its recommendation. This criterion includes: budget (project not subsidized by the General Fund or gas tax), connectivity (fixing whole blocks), maximizing number of residences served, maximizing streets/square footage, proximity to city parks/facilities and schools, and location to commercial corridors.
FY 23-24 CDBG Application
November 1, 2022
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Based on the criteria set forth above, staff recommends Nida Place from Palm Street to culde-sac (PCI 15), Corona Street from Central Avenue to Roosevelt Avenue (PCI 11), and Davidson Avenue from Buena Vista Avenue to Main Street (PCI 21) as the street rehabilitation project for the FY 2023-2024 CDBG program application. Exhibit 1, shown below, highlights the multiple street segments that are recommended for improvement.
Exhibit 1: 1) Nida Place (Palm to cul-de-sac), 2) Corona (Central to Roosevelt), 3) Davidson (Buena Vista to Main)
The project will consist of milling (grinding) down old asphalt two (2) inches and replacing it with a new asphalt overlay. This treatment method is an ideal alternative to full reconstruction for it is considerably less expensive and delivers similar quality and strength as other asphalt options. The estimated cost for a mill/overlay is $2.00-$3.00 per square yard compared to $6.00-$8.00 for full reconstruction. The estimated budget for this project includes $86,503 for construction and $35,000 for contingencies, inspection, field orders, and mobilization.
1 2
3 FY 23-24 CDBG Application
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If the City Council adopts the resolution, staff will submit an application to HCDS for consideration and approval by Friday, November 4, 2022. Assuming the County approves the application (Attachment B), staff will then work with the City’s Contract City Engineer to prepare construction documents, advertise the construction project bid documents (Fall/Winter 2023) and after completing the bid process, return to the City Council with a recommendation to award a construction contract.
Alternatives Considered: The City Council may elect to approve an alternative street segment(s) for the FY 2023-2024 CDBG program application. As part of staff’s evaluation, the following street segments noted in the table below were identified as alternatives, which also met certain criteria outlined previously.
Table 1: Alternative Streets for Consideration
Street(s) Total Sq. Ft Est. Cost Pavement
Condition Index
Drew Lane 32,307 $80,768 19
West (North Ave to Broadway)
North Ave (Harris to West)
30,756 $76,890 8
23 Vista Ave (Pacific to Central Ave)
Alford (Broadway to Pacific Ave)
32,706 $81,765 18
0 The treatment options for the alternative streets for consideration also include a mill/overlay treatment. The associated costs are exclusive of contingencies, field orders, and mobilization costs. While the recommended streets and proposed streets for consideration need rehabilitation, staff recommends Nida Place from Palm Street to cul-de-sac, Corona Street from Central Avenue to Roosevelt Avenue, and Davidson Avenue from Buena Vista Avenue to Main Street as the CDBG street rehabilitation project for the FY 2023-2024 CDBG Program application because it rehabilitates more square footage of asphalt and maximizes the number of streets and residences served.
FY 23-24 CDBG Application
November 1, 2022
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Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: As required by the CDBG program, a legal notice of this public hearing was published in the East County Californian on October 21, 2022.
Staff Recommendation: Staff recommends that the City Council hold a public hearing, receive public comment, and adopt a resolution (Attachment A) authorizing the submittal of an application for the Fiscal Year 2023-2024 Community Development Block Grant Program.
Attachments:
Attachment A – Resolution
Attachment B – CDBG FY 2023-24 Application
FY 23-24 CDBG Application
November 1, 2022
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Attachment A
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,
CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE FISCAL YEAR 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS, the United States Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) Program, which provides Federal funds to assist community development activities in urban areas; and WHEREAS, the County of San Diego (County), as an eligible Urban County, applies and receives CDBG funds that are administered within the County’s unincorporated areas and local governments that participate in the San Diego Urban County CDBG Program; and WHEREAS, the City of Lemon Grove is a non-entitlement jurisdiction and must partner with the County of San Diego to receive CDBG funds; and WHEREAS, the City of Lemon Grove placed a notice in a newspaper of general circulation indicating a Public Hearing; and
WHEREAS, the City will submit an application to the County for approval to receive Federal CDBG funds to rehabilitate multiple streets, Nida Place from Palm Street to cul-desac, the Corona Street segment from Central Avenue to Roosevelt Avenue, and the Davidson Avenue segment from Buena Vista Avenue to Main Street; and WHEREAS, the City understands and agrees that should the CDBG Program be discontinued, the City would be required to reimburse the County’s Housing Development Fund for any affected funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby:
1. Directs the City Manager, or her designee, to allocate CDBG funding for street rehabilitation purposes;
2. Authorizes the City Manager, or her designee, to submit an application for the CDBG Program for Fiscal Year 2023-2024; and
3. Authorizes the City Manager, or her designee, to manage all program-related documentation.
FY 23-24 CDBG Application
November 1, 2022
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Attachment A
PASSED AND ADOPTED on November 1, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. 2022-____, passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
FY 23-24 CDBG Application
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Attachment B
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Attachment B
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Attachment B
FY 23-24 CDBG Application
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Attachment B
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Attachment B
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Attachment B
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Attachment B
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Attachment B
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Attachment B
Shop Local Digital Gift Card Program
November 1, 2022
Page | 1
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No.
Meeting Date:
Submitted to:
Department:
Staff Contact:
Item Title:
3. November 1, 2022
Honorable Mayor and Members of the City Council
City Manager’s Office
Lydia Romero, City Manager; [email protected]
Shop Local Digital Gift Card Program
Recommended Action: Adopt a resolution (Attachment A) approving a contract with Hinderliter, de Llamas and Associates, Inc. (HDL); a contract with Yiftee, Inc. for the development of the gift card program, and allocate $150,000 from American Rescue Plan Act (ARPA) funds for the purpose of implementing a strategy to support local businesses with a shop local digital gift card program.
Background: The COVID-19 pandemic has had numerous negative impacts on communities, and one of the hardest hit sectors has been small businesses. Many such businesses have experienced significant financial strains due to the shutdowns, labor shortages, and supply chain inflation costs. Small businesses make up over 99% of businesses in the nation and account for 60 million jobs. Due to the pandemic, over 200,000 of those businesses closed their doors permanently in 2020 and that number continues to rise two years later. In Lemon Grove, small businesses account for a super majority of businesses in town.
Discussion: Small businesses in Lemon Grove continue to struggle two years after the pandemic began and are now dealing with rising inflation. Our businesses depend on local foot traffic to be successful, and the pandemic has been especially hard on our community due to its economically, disadvantaged status. It may take years for the small business sector to recover, as it did from the 2008-09 recession. The Digital Gift Card Program is an innovative way to stimulate local consumer spending, thereby supporting locally owned small and independently owned businesses in Lemon Grove. When dollars are spent locally, most are reinvested in the local community in the form of jobs and taxes.
The JHDL/Yiftee digital gift card program is being used by the cities of South Gate, San Leandro, Murrieta, Oakley, Hercules, Hawthorne, Canyon Lake Angles Camp, Pinole just to name a few. The Yiftee Community Digital Gift Card Program is a cost-effective way to stimulate the local economy and assist small businesses in recovery. It also provides additional savings to residents who shop locally. As an example, the proposed digital gift Shop Local Digital Gift Card Program
November 1, 2022
Page | 2
card program would have the resident buy a gift card valued at $25, and the program would provide another $25 gift card for a combined $50 in gift card dollars to be spent locally. In other words, it is a buy one and get one free for residents.
To initiate the program, the City would enter into Yiftee's Community Card Customer Agreement (Exhibit A). There is no set-up or monthly costs. The costs paid to Yiftee are:
1. The value of the bonus card provided,
2. The $1 plus 5% eDelivery fee (purchaser fee) plus a $1 gift fee per card, and
3. The Participating Merchant fees charged by MasterCard.
To assist with the branding costs associated with the development of the "Shop Local Lemon Grove" campaign, marketing of the digital gift card (in English and Spanish), and related signage and posters for participating businesses, we are proposing an agreement with HdL Companies through there EconSolutions division. HdL has partnered and brought this program to several of their clients over the last year. HdL would work with staff and the East County Chamber of Commerce to help ensure a successful program.
HdL Companies' costs for their services would be in a not to exceed contract of $12,500.
HdL Companies has been a critical partner with the City of Lemon Grove providing information on sales tax and property tax for numerous years.
Staff has spoken to the East County Chamber of Commerce CEO and presented this program and to seek their assistance in supporting the program and help with the marketing efforts to the Lemon Grove business community. The discussion was positive and felt it would help drive business to Lemon Grove’s small business community.
The goal of having the program operational in time for the holiday shopping season to help promote a shop local campaign and small business Saturday. The digital gift card can only be used at participating Lemon Grove Businesses that are independently owned, not corporate owned nor multi-franchisee owned. The City can limit the type of business categories that can participate. Most cities have limited the type of participating businesses to:
1. Retail1,
2. Restaurant/Café,and
3. Personal Services such as:
a. Hair Stylists,
b. Barbers,
c. Estheticians,
d. Nail salons,
e. Dry cleaners,
f. Pet groomers, and
g. Fitness/specialty studios, including martial arts, yoga, dance, and music. 1 City can limit retail offering to not include Cannabis, smoke shops or liquor stores Shop Local Digital Gift Card Program
November 1, 2022
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The business must also operate in a physical storefront location, have a current City business license, and have no current code enforcement actions pending against them.
The values for the Digital Gift Cards will include $25, $50, and $100 amounts.
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: There will be no expenditure of General Fund dollars. The funds for the program will come from ARPA funds received by the City, these funds can be used to support small businesses located within Lemon Grove.
Public Notification: None
Staff Recommendation: Adopt a resolution (Attachment A) approving Shop Local Digital Gift Card Program including all the components to implement the program.
Attachment:
Attachment A – Resolution
Shop Local Digital Gift Card Program
November 1, 2022
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Attachment A
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON
GROVE, CALIFORNIA ADOPTING APPROVING A SHOP LOCAL DIGITAL
GIFT CARD PROGRAM WITH COMPONENTS AND IMPLEMENTATION
MEASURES TO SUPPORT LOCAL MERCHANTS IN LEMON GROVE
WHEREAS, the COVID-19 pandemic has resulted in numerous detrimental impacts on a global scale and include national, regional, and local impacts; and WHEREAS, the Lemon Grove business community have experienced these impacts; and
WHEREAS, the Lemon Grove City Council seeks ways to assist the Lemon Grove small business community in their recovery from the impact of the pandemic; and WHEREAS, to support this pilot program the City Council is appropriating $150,000 in ARPA funds to pay for:
1. The $1 plus 5% eDelivery fee (purchaser fee) plus a $1 bonus gift fee per card,
2. A bonus gift card to incentivize the use of the program and provide a benefit to all community members,
3. Branding costs associated with the development of the "Shop Local Lemon Grove" campaign, and
4. Marketing costs for advertisement and promotion of the program and related point-of sale signage and posters for participating businesses; and WHEREAS, working with Yiftee, Inc., and HdL Companies who have significant experience in starting up such shop local programs using digital gift cards that have proven extremely successful for participating businesses and residents will be a costeffective way to stimulate the local economy and assist small businesses in recovery from the COVID-19 pandemic.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby approves as follows:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference, SECTION 2. The City Council hereby appropriates $150,000 in American Rescue Plan Act funds for purposes of carrying out a pilot digital gift card program to support local small businesses in Lemon Grove,
SECTION 3. The City Council does hereby authorize the City Manager to sign a Professional Services Agreement with Yiftee, Inc., attached hereto as Exhibit "A," to provide the community with a digital gift card program, Shop Local Digital Gift Card Program
November 1, 2022
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SECTION 4. The City Council does hereby authorize the City Manager to sign a contract with HdL Companies to assist in marketing, advertising, and other support services to implement the digital gift card pilot program, and SECTION 5. Furthermore, the City Council does hereby authorize the City Manager to enter into an agreement with the East County Chamber of Commerce to assist in marketing, outreach and other support services to implement the digital gift card pilot program.
PASSED AND ADOPTED on November 1, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. 2022-_____, passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
Community Card Customer Agreement
THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at _________________________________________(“Customer”). The parties agree a follows:
1. Definitions.
1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.
1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.
1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.
1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.
1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.
1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.
2. Merchant Enrollment.
2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.
Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A. (b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. (d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).
A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.
2.2 Yiftee Materials.
Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.
2.3 Limited Licenses.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a nonexclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.
2.4 Trademark License.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.
3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.
4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.
5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS
LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO
CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
6. Term and Termination.
6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.
6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.
6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.
7. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.
8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.
9. Miscellaneous
9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.
9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.
9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.
9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Customer (Print): YIFTEE, INC.
By: By:
Name, Title: Name, Title: Donna Novitsky, Yiftee CEO
Community Card Customer Agreement
APPENDIX A
Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants’ stores.
Charges:
Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.
Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.
Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.
Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.
Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded.
Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.
Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.
No tipping is allowed on Yiftee eGift Cards.