18-0403_UCEE MASTER GARDENERS_E9_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: ~njamin Siegel, City Manager
SUBMITTED BY: Dori Budde, Community Services Director {IJrr£:J
DATE: April 3, 2018
4/3/2018
E9
SUBJECT : Memorandum of Understanding with The Regents of the University
of California on behalf of Orange County Cooperative Extension
Master Gardeners Program for "Smart Gardening" Classes
RECOMMENDATION:
1. Approve a Memorandum of Understanding (MOU) with The Regents of the
University of California on behalf of its Orange County Cooperative Extension
Master Gardeners Program (UCCE/OCMG), and
2 . Authorize the City Manager to execute the Memorandum of Understanding
and up to a maximum of four additional one-year term extensions.
DISCUSSION/ANALYSIS :
Orange County Master Gardeners (OCMG) is a volunteer organization that is part of the
University of California Cooperative Extension (UCCE) Program. There is a Master
Gardener Program in almost every county in California, and OCMG is one of the largest
and most active in the state. The purpose of the OCMG is to provide research-based,
scientifically accurate information to the gardening public about home horticulture and
pest management.
The UCCE/OCMG propose to provide the City with one free monthly "Smart Gardening"
class, for a total of twelve per year, at City facilities such as the Community Center,
Community Gardens and Los Rios (Attachment 1 ). The classes would primarily consist
of lecture presentations for adults, but would also include several hands-on craft
classes* and a single annual butterfly tour with activities (Attachment 2). Under the
proposed MOU, the City would allow the UCCE/OCMG to use the City facilities rent free
in order to provide the classes at no cost to the public. The MOU is proposed for one
year, but could be extended up to four additional years (Attachment 3).
*Craft classes may include a nominal material fees paid to the instructor
City Council Agenda Report
April 3, 2018
Page 2 of 3
On March 19, 2018, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that the City Council approve the MOU with the
Master Gardeners for Gardening Classes. A copy of the minutes excerpt is provided as
Attachment 4.
FISCAL IMPACT:
There is no direct cost to the City associated with the recommended action. The
potential revenue the City could realize, if the facilities were rented during the classes,
ranges from $1,000 to $3,000 annually.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. A Memorandum of Understanding (MOU) with The Regents of the
University of California on behalf of its Orange County Cooperative Extension Master
Gardeners Program (UCCE Master Gardeners) would not be an activity with potential to
cause significant effect on the environment and therefore exempt from CEQA. A Notice
of Exemption (NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On March 19, 2018, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that the City Council approve the MOU for
Gardening Classes.
NOTIFICATION:
Tom Farrell, UCCE Orange County Master Gardener
Kris Bonner, UCCE Orange County Master Gardener
Marianne Taylor, Goin Native
Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
ATTACHMENT :
Attachment 1 : UCCE Proposal
Attachment 2: UCCE Catalog of Topics Offered
Attachment 3: MOU
City Council Agenda Report
April 3, 2018
Page 3 of 3
Attachment 4: March 19, 2018, Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commission Minutes Excerpt
Orange County Master Gardeners
Proposal to Provide Gardening Classes
City of San Juan Capistrano
Orange County Master Gardeners (OCMG) proposes to provide the City of San Juan Capistrano (SJC)
monthly "Smart Gardening" classes at SJC facilities, including the SJC Community Center and Reata Park.
The classes would primarily be lecture presentations for adults, similar to the presentations made by
MGOC at Reata Park over the past two years. The classes would start at a mutually agreed upon date.
The classes would be done in partnership with SJC, and provided free to the public. Each class will be 45-
50 minutes, with an additional10-15 minutes for questions. We request a room for 2.0 hours total, as
follows (could be reduced to 1.5 hours):
30min.
1 hour
30min
Set up
Class, including Q&A
1:1 follow up with attendees, take down, vacate room
References: Please see the attached list of Master Gardener Speaker Bureau clients.
Topics offered: Attached is a catalog of topics, along with a sample PowerPoint presentation .
OCMG would provide:
• Master Gardener Speakers (trained and certified by U.C. Cooperative Extension)
• PowerPoint presentation (reviewed and edited for content and editorial standards)
• Class description (for city publications, web),
• Handouts, and
• Class attendance counts.
• Publicity: UCCE Orange County Master Gardener web site, and emails to friends, family, neighbors
from Master Gardeners who live in south OC
City of San Juan Capistrano would provide:
• Meeting room that can seat 25 to SO people, with chairs and projector screen, suitable for
PowerPoint presentation
• Small table in the front, for instructor to set visual aids, materials
• Projector/computer. MGOC can provide laptop and/or projector, if this this if not available through
the center.
• Community publicity through usual city website, publications, news releases etc. of SJC/Community
center.
We would like to meet every three months to review the attendance and community interest, and plan
out the classes for the next quarter. We can provide more or fewer classes to meet the community's
needs.
Hands-on Classes. OCMG understands that SJC desires to offer hands-on classes to seniors at the
Community Center. While OCMG does not currently have any such classes, we agree to prepare and
deliver one (1) hands-on senior class as part of the first 4 classes offered at the SJC Community Center.
Hands-on classes would likely need to have lower attendance limits and a fee to pay for materials. The
first class would be used to work out logistics, costs, and types of projects appropriate for the target
population.
Page 1 ATTACHMENT 1
Master Gardener Background:
Orange County Master Gardeners (OCMG) is a volunteer organization that is part of the University of
California Cooperative Extension (UCCE) program . There is a Master Gardener program in almost all
counties in California, and OCMG is one of the largest and most active in the state . The purpose of the
University of California Cooperative Extension Master Gardener Program is to provide research-based,
scientifically accurate information to the gardening public about home horticulture and pest
management. Master Gardeners are prohibited from using the Master Gardener name or logo in any
commercial enterprise, and are also prohibited from any personal monetary gain or benefit.
Orange County Master Gardeners Website :
http:Umgorange.ucanr.edu/
OC Master Gardeners must successfully complete a rigorous 3-month, 80-hour training program, and
then meet annual volunteer and continuing education hourly requirements. We provide residents of
Orange County with up-to-date, practical and sound gardening advice. We accomplish this by staffing
booths at various horticultural venues, through ou r website, and with presentations and seminars.
There are over 340 OCMG volunteers, including 80 in south OC, and 7 Master Gardeners who call San
Juan Capistrano their home.
The OCMG Speakers Bureau includes 40 speakers who make over 150 presentations each year. Our
PowerPoint presentations go through review and editing for both content and style, to insure that
presentations are of a very high quality. MGOC has an in-house Toastmasters club, to improve the skills
of our speakers.
OCMG Speakers Bureau page:
http://mgorange .ucanr.edu/Projects/Speakers Bureau/
Web page for new Mission Viejo "Smart Gardening" series, starting June 1, 2017
bttp://c ityofmissionviejo .org/news/new-gardening-lecture-series-norman-p-murray-center-begins-june-
1
Page 2
Catalog of Topics Offered
UCCE Master Gardeners Speakers Bureau Catalog of Topics Offered
The Backyard Fruit Basket
Not enough room in your backyard for fruit trees and vines? With a little planning and know-
how, you could make it happen. Learn about the varieties of fruit trees, vines and other fruits
suitable for backyard growing and how to plant and care for them. Get tips for growing fruit in
small gardens. Valuable information ... ripe for picking!
Bulbs
Discover the beauty, ease and simple steps for successful gardening with bulbs. Learn the
differences between true bulbs, corms, tubers/tuberous roots and rhizomes. Find out how to
plant them, including soil preparation and depth-and which ones become naturalized and which
will need some refrigeration in our area. From a single pot to a large border planting, bulbs add
stunning color to the garden and provide beautiful cut flowers for the home and to share with
friends.
Butterflies in Your Garden
Did you know there are more than 170 species of butterflies that live in or visit Southern
California? You can easily attract many ofthem by learning about host and nectar plants and
shelter that a particular species prefer. Learn to maintain an ecological partnership with
flowering plants while eliminating the use of harmful pest control methods, unnecessary
fertilizers and additives. Discover the many types of butterflies, what they like, and examples of
native and other nectar flowers that attract them.
Composting Series-Com posting Basics
Just how does compost happen? Nature, as it recycles by decomposition, provides us with garden
gold. Learn why it is important to recycle organic waste, about the right balance of greens,
browns, air and water, and how soon you can expect your first batch! Take a look at the
traditional method and the UC rapid method. Check out some nifty compost bins and do a little
troubleshooting. Then it's all yours-wonderful black gold for your gardening pleasure. (This is
half of a two-part series for certification in composting.)
Composting Series-Vermiculture (Vermicomposting or Worm Composting)
Yes, worms CAN eat your garbage and you can learn how to make that happen! Find out what
equipment and supplies you'll need to assemble a worm bin including bedding, water, worms
and food scraps. You will also learn how to set up the vermiculture system, maintain proper
temperature, harvest and do a little troubleshooting. If you want to break down kitchen scraps
into valuable, rich compost (and compost tea!) for your garden, don't miss this
presentation! (This is half of a two-part series for certification in cumposting.)
Drought Tolerant Gardens
Let's face it, we live in a climate where water has been and will continue to be an issue. The
smart gardener, in finding ways to address this issue, will investigate drought tolerant
Page 1 ATTACHMENT 2
plants. This presentation covers gardening in the Southern California Mediterranean climate and
provides tips for designing and planning the drought tolerant garden including steps to
implement the garden design. Beginning with a definition/description of drought tolerant plants,
attendees will learn how to select, plant, water and maintain the right plants to thrive in their
gardens.
Fairy Gardens
Each fairy garden has its own personality and in this class you will learn to design and create a
lovely place for a fairy to come and visit. Miniature fences and garden tools or fairy figurines
draw the eye to each plant, focusing on the tiny details. You will learn the basics of container
gardening including supplies, containers, theme, plants and creativity. There's no limit to the
variety and intrigue you can create with your fairy garden. Whether you're designing it for your
own eftioyment, or for others, have an enchanting time and maybe-just maybe-the fairies will
pay a visit some night by the light of the moon.
Gardening Month by Month-The Busy Gardener
If you are busy (and who isn't?) and like to garden, this is for you! Not exactly "speed
gardening"-but close-this presentation gives Orange County gardeners the list of top garden
jobs for each area of the garden month by month. Staying ahead of the "garden game" allows
you to get your garden off to a good start with better results, higher yields and less effort. It also
gives you more time for those other things in your life! From turf to tomatoes, there are tips for
everyone.
Gardens for Small Spaces
No space to garden?. You' II be amazed at what you can grow in even the smallest spaces. Create
a year round, no fuss vegetable or herb garden or a place to grow your favorite flowers. This
presentation provides information on various techniques to maximize your garden space and
productivity.
Herbs
Imagine being able to harvest herbs as you need them right outside your kitchen door ... or even
from your kitchen counter. Learn about growing herbs in containers-even in a pumpkin!-for
use in cooking or for enjoyment in your garden. From the mundane to the exotic, it's time to
learn about herbs.
Least Toxic Pest Control Methods-Integrated Pest Management (IPM)
Eww, gross! Is that what you think about those insects in your garden? Learn multiple
techniques for effective pest control that are the least toxic for your home environment. Get the
latest information on a variety of methods to keep those bad pests away, and encourage the
beneficial insects, all while protecting the environment.
Rose Series -Beginning Rose Care
Ready to enter the world of rose gardening? You came to the right place. This presentation
covers the basics: selection, planting, care and feeding, integrated pest management and
pruning. Learn which rose is right for you and how to care for it.
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Rose Series -Advanced Rose Care
If you have roses, this presentation is a great refresher on the basics such as selection, planting,
care and feeding, integrated pest management and pruning. In addition, it includes a pruning
demonstration and attention to specific types of roses such as shrubs, miniature and old garden
roses.
Smart Gardening Series-Overview
What does it take to be a Smart Gardener? Knowledge-and application of that knowledge-
about soil care, irrigation, energy conservation, pest control and wildlife. Sound complicated?
This series of presentations makes it simple and will help you to save time, money and create a
healthier garden.
Smart Gardening Series-What's in Your Soil?-Soil Basics
Good soil is the starting place for a smart garden. Learn the components of soil, how to evaluate
your landscape soil, and the steps you can take to enrich your soil to produce a bountiful,
sustainable landscape and garden.
Smart Gardening Series-Water Better Not Wetter
?If you think conserving water means that you have a barren landscape, think again! Discover
how you can have a beautiful landscape by managing water and gardening smartly. Learn
irrigation tricks and tips that will save you money and time while helping the environment.
Smart Gardening Series-Energy Smarts for the Garden
What does energy have to do with a garden? Plenty. Smart gardening energy is all about what
you plant, where you plant, and how you care for your garden. Planting the right tree in the right
place can actually save you money. Learn simple steps you can take to conserve energy.
Smart Gardening Series-What's Bugging Your Plants? (Integrated Pest
Management [IPM])
Face it. You can't get rid of all the insects in the world, let alone in your yard ... but you can
learn to manage them so that your plants will thrive. rind out how to 'outsmart' the bad insects
and attract the beneficial ones. Get tips on prevention, avoidance, suppression and responsible
pest control.
Smart Gardening Series-Create a Wildlife Habitat in Your Yard
No, not the lions-and-tigers-and-bears kind ofwildlife! More like the small critters such as
birds, bees, butterflies and lizards. Attract wildlife by creating a welcoming habitat. Learn to
restore a natural balance, and then reap the benefits as you enjoy watching these small creatures
right in your own backyard.
Succulents
Succulents are such easy plants to grow, both in the garden and in pots. This presentation covers
the history and origin of succulents, their care and feeding and propagation. It also covers pests,
diseases and recommended remedies. Learn how to grow succulents in pots, in the landscape as
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art and as houseplants. Succulent containers will be on display to show the vast variety of ways
to plant succulents.
Tool Time
Okay, okay-there are some trusty standby tools that you need in your garden. And then, there
are the cool tools-the ones that take your breath away, that you don't want to live without, that
you see in your dreams. Let's discuss and demonstrate tools for home gardens.
Vegetables Series-Edibles in the Landscape
The best locally grown food comes from your own yard. You can plant what you like, connect
with nature and have a bounty that is healthy, seasonal and flavorful. Learn about edible plant
selections including annuals, herbs, berries and fruit trees. Find out how to transform your
garden gradually with various garden themes or styles. This presentation covers soil, water,
integrated pest management, care and feeding and harvesting. Get information about containers
or raised beds, accent plants and trellises or support for vines.
Vegetables Series-Giant Pumpkins
Ginormous! Stupendous! Enormous! Gargantuan! Colossal! So you'd like to grow a giant
pumpkin? This presentation will help you to learn how to do that. It addresses site selection,
soil preparation, germination, and transplanting, watering, fertilizing and general care. The most
important tips of all: have fun and good luck!
Vegetables Series-Grow it NOW: Cool Season Vegetables
From gourmet selections to a stir-fry garden, this presentation covers everything you need to
know about starting and growing vegetables that you can harvest in fall, winter and early spring.
Learn how to "start something" that you can harvest and eat throughout the cool season. Get tips
for fitting more into smaller spaces and busy lifestyles, information, and demonstrations.
Vegetables Series-Grow it NOW: Warm Season Vegetables
Ready to dig in the garden again? Now is the time to plant warm season vegetables to feed your
family over the summer months. Get the information you need to choose your crops so that you
can eat healthily while following the #I rule: plant what you and your family like to eat! Yum!
Vegetables Series-Month by Month in the Vegetable Garden
If you are busy (and who isn't?) and like to grow vegetables, this is for you! Not exactly "speed
gardening"-but close-this presentation gives Orange County gardeners the list of top jobs for
your vegetable garden month by month. Staying ahead of the "garden game" allows you to get
your garden off to a good start with better results, higher yields and less etTort. It also gives you
more time tor those other things in your life! From attichokes to zucchini, there are tips for
everyone.
Vegetables Series-Raised Bed or Container Vegetable Gardening
Don't let space dictate how much you can grow in your garden! [f you seriously want to harvest
crops to feed your family, a raised bed or container gardening might be the answer for
you. Some ofthe advantages are that you can have hom~grown vegetables, use less space and
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water and cut out the backbreaking work-without weeds! The best part? It's fun and
easy. Great for patios, apartment balconies and smaller back yards.
Vegetables Series-Tomatoes
You could plant from dawn to dusk and stilt not plant every variety of tomato! Whether you are a
novice or a pro, you'll enjoy learning about tomatoes: the many varieties, their culture, diseases
and pests, growing in the ground vs. growing in containers-and finally, how to use them.
Basic Gardening
The Basic Gardening Course highlights the basic requirements to establish a vegetable garden to
grow healthy food for the family. Topics include sunlight, quality of soil, water availability and
good drainage. The presentation also provides advice on location, selection of vegetables, time of
the year to plant, and integrated pest management.
El Corso de Jardineria Basica (Basic Gardening-Spanish)
El Curso de Jardinerfa Basica es una presentaci6n de cerca de 45 minutos sobre los requisitos
para empezar una huerta casera que contribuya a una balanceada nutrici6n de Ia familia. Los
requisitos basicos son Ia luz solar, calidad del suelo, agua disponible y buen drenaje. La
presentaci6n tambien aconseja como seleccionar el Iugar, los vegetales, Ia epoca del afto y Ia
manera de como controlar plagas.
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I I
MEMORANDUM OF UNDERSTANDING
between
The CITY OF SAN JUAN CAPISTRANO
and
The Regents of the University of California
on behalf of its
Orange County Cooperative Extension
Master Gardeners Program
Parties and Date
This Memorandum of Understanding ("MOU), is entered into as of this __ day of
----=("Effective Date'') by the City of San Juan Capistrano, a municipal
corporation (the "City,") and, The Regents of the University Of California, a
constitutional corporation, on behalf of its Orange County Cooperative Extension Master
Gardeners Program, ("UCCE Master Gardeners"). The City and the UCCE Master
Gardeners are referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. City is committed to protecting the environment and educating its residents about
sustainable living, composting and water saving opportunities.
B. City offers a variety of environmental programs and services for San Juan
Capistrano residents and providing such programs and services for all residents
is consistent with the mission, vision and core values of City.
C. The purpose of the University of California Cooperative Extension Master
Gardener Program is to extend research-based, scientifically accurate
information to the public about home horticulture and pest management.
D. UCCE Master Gardeners is a local volunteer organization dedicated to providing
environment-related educational programs to the public, and its volunteers are
official agents of the University of California Cooperative Extension when acting
in the course and scope of their University of California Cooperative Extension
volunteerism.
E. UCCE Master Gardeners presents the Smart Gardening Program, a series of
classes designed to teach the local home gardener the ways of sustainable and
environmentally friendly gardening including composting and water conservation.
F. Collaborations provide efficiencies in City resources designed to serve the San
Juan Capistrano community .
ATTACHMENT 3
Page 1
G . This City-Community Collaboration is viewed as a positive and efficient
synergistic relationship for City, UCCE Master Gardeners and the San Juan
Capistrano community.
TERMS
1. Term. This MOU shall be effective for one (1) year commencing on the Effective
Date, except as otherwise provided in this MOU. This MOU may be extended for
up to a maximum of four (4) additional1 year terms, upon the mutual written
agreement of both parties.
2. Scope of Collaboration.
Page 2
2.1. UCCE Master Gardeners.
2.1.1. UCCE Master Gardeners agrees to hold no less than twelve (12)
free classes ("classes") for the community to be held once a month
at City Facilities as follows:
2.1.1.1. Twa (2) classes shall be held at the Community
Gardens.
2.1 .1.2.
2.1 .1.3.
Two (2) classes shall be hands-on Senior Classes .
One (1) butterfly tour and activity shall be scheduled.
2.1.1.4. Seven (7) lectures along with accompanying literature
shall be held at a mutually agreed upon locations of the
Parties.
2 .1.2. All classes shall be open to the public for no cost, except for the
Senior Classes, which UCCE Master Gardeners may request
participants to pay a supply fee to the instructor. The Supply fee
charged shall not exceed the costs of the supplies for the class.
2 .1.3. All classes will be presented by a Master Gardener Speaker which
is trained and certified by the U.C. Cooperative Extension.
2.1.4. All classes shall be 1 hour, which typically includes 10-15 minutes
of answering attendee's questions.
2 .1.5. UCCE Master Gardeners will provide class descriptions to the City
for each class, and shall prepare relevant handouts for each class.
2.1.6. UCCE Master Gardeners will assist the City with publicity including
listing classes on the UCCE Orange County Master Gardeners
website, emai!ing information regarding the classes to interested
people.
2 .1.7. Upon conclusion of each class, UCCE Master Gardeners will
provide a class attendance count to the City.
2.2. City.
2.2.1 . City agrees to allow UCCE Master Gardeners to utilize the
Commun ity Center, Community Gardens, La Sala, Reata Park, and
Los Rios ("City Facilities") for the classes held by UCCE Master
Gardeners at no cost to UCCE Master Gardeners .
2.2.2 . City will supply at City's cost the chairs and tables for the classes.
City will also supply at City's cost a projector, for the classes if
requested by UCCE Master Gardeners.
2 .2.3. City will advertise the UCCE Master Gardeners classes on the City
website, where appropriate e-mail advertising, and if time permits
on Hometown Happenings.
3 . Insurance. Both parties agree to provide and maintain, at their own expense, a
program of Insurance or self-insurance covering the activities and operations of
their respective officers, agents and employees for the term of this MOU.
Insurance shall include, but is not limited to, comprehens ive general liability self-
Insurance , and personal injury . The various policies or programs of insurance or
self-Insurance shall have a minimum coverage of $1,000,000 per occurrence and
$2,000,000 in the aggregate. Upon request, the parties will provide each other
evidence of such coverage.
4. Indemnification.
4.1. UCCE Master Gardeners shall defend, indemnify, and hold the City, its
officers, employees, and agents harmless from and against any and all
liability, loss, expense (including reasonable attorneys' fees), or claims for
injury or damages arising out of the performance of this MOU, but only in
proportion to and to the extent such claims, costs, injuries or damages are
caused by or resulting from the negligent or intentional acts or omissions
of UCCE Master Gardeners, its officers, employees, or agents.
4.2. The City shall defend, indemnify, and hold UCCE Master Gardeners, its
officers, employees, and agents harmless from and against any and all
liability, loss, expense (including reasonable attorneys' fees), or claims for
injury or damages arising out of the performance of this MOU, but only In
proportion to and to the extent such claims, costs, injuries or damages are
caused by or resulting from the negligent or intentional acts or omissions
of the City, its officers, employees, or agents.
5. Compliance with Laws. UCCE Master Gardeners shall keep itself fully informed
of all existing and future state and federal laws and all county and City
ordinances and regulations which in any manner affect those employed by it or in
any way affect the performance of services pursuant to this MOU. UCCE Master
Gardeners shall at all times observe and comply with all such laws, ordinances,
and regulations and shall be responsible for the compliance of all work and
services performed by or on behalf of UCCE Master Gardeners.
6 . Ucenses, Permits. Fees and Assessments. UCCE Master Gardeners shall obtain
at its sole cost and expense all licenses , permits, and approvals that may be
Page 3
required by law for the performance of the services required by this MOU. UCCE
Master Gardeners shall have the sole obligation to pay any fees, assessments.
and taxes, plus applicable penalties and interest, which may be imposed by law
and arise from or are necessary for UCCE Master Ga rdeners' performance of the
services required by this MOU.
7 . Covenant Against Dis c riminatio n. UCCE Master Gardeners covenants for itself,
its heirs, executors, assigns , and all persons claiming under or through it, that
there shall be no discrimination against any person on account of race, color,
creed, religion, sex, marital status, national origin , or ancestry, in the
performance of this MOU . UCCE Master Gardeners further covenants and
agrees to comply with the terms of the Americans with Disabilities Act of 1990
(42 U.S.C. §12101 sees .) as the same may be amended from time to time.
8 . Use of P atented Materials . UCCE Master Gardeners shall assume all costs
arising from the unauthorized use by UCCE Master Gardeners of patented or
copyrighted materials, including but not limited to equipment, devices , processes,
and software programs, used or incorporated in the services or work performed
by UCCE Master Gardeners under this MOU.
9. Termination.
9 .1 . City reserves the right to terminate this MOUat any time, with or without
cause, upon written notice to UCCE Master Gardeners. Upon receipt of
any notice of termi·nation from City, UCCE Master Gardeners shall
immediately cease all services hereunder except such as may be
specifically approved in writing by City.
9 .2. UCCE Master Gardeners may terminate this MOU at any time, with or
without cause, upon written notice to City. Upon receipt of any notice of
termination from UCCE Master Gardeners, City shall immediately cease
all services hereunder except such as may be specifically approved in
writing by UCCE Master Gardeners. However, if a class was scheduled
prior to the notice of termination by UCCE Master Gardeners, and the City
has advertised the class, then the termination shall become effective
immediately following the class.
10 . logos. Where City and UCCE Master Gardeners logos are used, the logos of
each party will be of equal size.
11 . A ttorneys' Fees. If any legal action or proceeding arising out of or relating to th is
MOU is brought by either party to this MOU, the prevailing party shall be entitle.d
to receive from the other party, in addition to any other relief that may be granted,
the reasonable attorneys ' fees , costs, and expenses incurred in the action or
proceeding by the prevailing party.
12 . Governing Law and Ven ue . This MOU shall be governed by the laws of the State
of California. Venue shall be in Orange County.
13 . Waiver. The City's failure to insist upon strict compliance with any provision of
this MOU or to exercise any right or privilege provided herein, or the City's waiver
of any breach hereunder, shall not relieve UCCE Master Gardeners of any of its
Page 4
obligations hereunder, whether of the same or similar type. The foregoing shall
be true whether the City's actions are intentional or unintentional. Further , the
UCCE Master Gardeners agrees to waive as a defense, counterclaim, or setoff
any and all defects, irregularities, or deficiencies in the authorization, execution,
or performance of this MOU as well as any laws, rules, regulations, ordinances,
or resolutions of the City with regard to this MOU.
14. Supplement. Modification . and Amendment. No supplement, modification, and/or
amendment of this MOU shall be binding unless executed in writing and signed
by both Parties.
15. Co n struction. References. and Captions.
15.1. Simple Co nst ructio n. It being agreed the Parties or their agents have
participated in the preparation of this MOU, the language of this MOU
shall be construed simply , according to its fair meaning, and not strictly for
or against any Party.
15.2. Sectio n Headi ngs. Section headings contained in this MOU are for
convenience only and shall not have an effect in the construction or
interpretation of any provision.
15.3. R efe rences to the City. All references to the City shall include, but shall
not be limited to, City Council, City Manager, City Attorney, City Eng ineer,
or any of their authorized representatives. The City shall have the sole and
absolute discretion to determine which public body, public official or public
employee may act on behalf of the City for any particular purpose.
16. Re lationship Between the Parties. The Parties hereby mutually agree that neither
this MOU, nor any other related entitlement, permit, or approval issued by the
City for the City Facilities shall operate to create the relationship of partnership,
joint venture, or agency between the City and UCCE Master Gardeners .
17 . Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid,
return receipt requested . Mailed notices shall be addressed to the parties at the
addresses listed below, but each party may change the address by written notice
in accordance with this Section 18 (Notices). Notices delivered personally will be
deemed communicated as of actual receipt; mailed notices will be deemed
communicated as of two (2) days after mailing.
18 .
To City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Gil Leon
21. Entire Agreement and Severability.
Page 5
To UCCE Master Gardeners :
UCCE Orange County
ATTN: Jennifer Pelham
7601 Irvine Blvd _
Irvine, CA 92618
I I
21.1. Entire Agreement. This MOU contains the entire agreement of the parties
with respect to tt:le subject matter hereof, and supersedes all prior
negotiations, understandings or agreements, either written or oral, express
or implied.
21.2. Severability. The invalidity in whole or in part of any provision of this MOU
shall not void or affect the validity of any other provision of this MOU.
In witness thereof, the Parties here to have executed this MOU:
City of San Juan Capistrano
A California municipal corporation
By :
BENJAMIN SIEGEL,
City Manager
ATTEST:
By:
MARIA MORRIS,
City Clerk
APPROVED AS TO FORM:
By:
JEFF BALLINGER,
City Attorney
Page 6
The Regents of the U niverslty of
California, on behalf of its Orange County
Cooperative Extension Master Gardener
Program
By:
JAKE GUIRE,
Control ' r, UC Division of Agriculture &
Natural Resources
MINUTES
MARCH 19, 2018
REGULAR MEETING
PARKS, RECREATION, YOUTH AND SENIOR SERVICES,
TRAIL AND EQUESTRIAN COMMISSION
Chair Perrin, Jr., called the Regular Meeting of the San Juan Capistrano Parks,
Recreation, Youth and Senior Services, Trail and Equestrian Commission to order at
5:30 p.m. in the Council Chamber.
E. ADMINISTRATIVE ITEMS:
1. MEMORANDUM OF UNDERSTANDING FOR GARDENING CLASSES (UCCE
MASTER GARDENERS)
Commission Action: A motion was made by Commissioner Muir to recommend to
City Council to approve the item . Motion seconded by Commissioner Mottl.
Motion passed unanimously 6-0.
Roll Call:
AYES: Grant, Mottl, Muir, Perrin, Jr., Weaver, Zukow
NOES:
ABSTAINED :
ABSENT: Ritchie
ADJOURNMENT
There being no further business before the Commission, Chairperson Perrin, Jr.
adjourned the meeting at 6:25 p.m. to the Regular Parks, Recreation, Youth Services,
Senior, Trails and Equestrian Commission Special Meeting scheduled for Monday,
April16, 2018 at 2:00p.m.
Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commission Meeting Minutes
-1 -3/19118
ATTACHMENT 4