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HomeMy WebLinkAbout2026-03-24; City Council; 07; Delegate Authority to the City Manager to Execute Agreements Allowing the County of San Diego to Temporarily Place Mail Ballot Drop BoxesCA Review CKM Meeting Date:March 24, 2026 To:Mayor and City Council From:Geoff Patnoe, City Manager Staff Contact:Faviola Medina, Director of Constituent & Clerk Services faviola.medina@carlsbadca.gov, 442-339-5989 Subject:Delegate Authority to the City Manager to Execute Agreements Allowing the County of San Diego to Temporarily Place Mail Ballot Drop Boxes Districts:All Recommended Action Adopt a resolution delegating authority to the City Manager to execute a license agreement with the County of San Diego to temporarily install mail ballot drop boxes at Pine Avenue Community Center Playground, Poinsettia Park and Buena Vista Reservoir Park for the upcoming 2026 primary and general elections and to execute future license agreements with the County of San Diego for the temporary installation of San Diego County Registrar of Voters’ mail ballot drop boxes at city facilities. Executive Summary On Oct. 11, 2022, the City Council delegated authority to the City Manager to execute license agreements with the County of San Diego to temporarily install mail ballot drop boxes at library facilities as a part of the San Diego Registrar of Voters’ mail ballot drop-off program. The County of San Diego is requesting three additional locations to help provide additional voting options for the Carlsbad community. This agreement is before the City Council for review and approval because the City Council has delegated authority to the City Manager to enter into license agreements at library facilities only. Staff are requesting that City Council delegate authority to the City Manager to sign both this agreement and future similar agreements with the County of San Diego County to install temporary ballot drop boxes at other city facilities at the City Manager’s discretion. Explanation & Analysis The San Diego County Registrar of Voters is requesting the use of the following city facilities as mail ballot drop-off sites for the upcoming 2026 primary and general elections: x Pine Avenue Community Center Playground x Poinsettia Park x Buena Vista Reservoir Park March 24, 2026 Item #7 Page 1 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 For the 2026 primary election, community members will have access to the mail ballot boxes every day beginning May 5, 2026, through June 2, 2026. All boxes will be locked on June 2, 2026, at 8 p.m. The county will require a signed agreement with the City of Carlsbad for each election season. Without a delegation of authority from the City Council, each license agreement for other than library facilities will need to be authorized by the City Council at a City Council meeting. Fiscal Analysis No city funding is required. Next Steps With City Council approval, the City Manager will execute the agreement with the County of San Diego to use city facilities for San Diego County Registrar of Voters election activities. Environmental Evaluation The proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of a license agreement to provide temporary installation of mail ballot drop boxes at city facilities. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibit 1. City Council resolution March 24, 2026 Item #7 Page 2 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 Exhibit 1 RESOLUTION NO.ϮϬϮϲͲϬϲϲ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE COUNTY OF SAN DIEGO TO TEMPORARILY INSTALL MAIL BALLOT DROP BOXES AT PINE AVENUE COMMUNITY CENTER PLAYGROUND, POINSETTIA PARK AND BUENA VISTA RESERVOIR PARK FOR THE UPCOMING 2026 PRIMARY AND GENERAL ELECTIONS AND TO EXECUTE FUTURE LICENSE AGREEMENTS WITH THE COUNTY OF SAN DIEGO FOR THE TEMPORARY INSTALLATION OF SAN DIEGO COUNTY REGISTRAR OF VOTERS’ MAIL BALLOT DROP BOXES AT CITY FACILITIES WHEREAS, on Oct. 11, 2022, the City Council delegated authority to the City Manager to execute license agreements with the County of San Diego to temporarily install mail ballot drop boxes at library facilities as a part of the San Diego Registrar of Voters’ mail ballot drop-off program; and WHEREAS, the San Diego County Registrar of Voters is requesting the use of the following city facilities as mail ballot drop-off sites for the upcoming 2026 primary and general elections: Pine Avenue Community Center Playground, Poinsettia Park and Buena Vista Reservoir Park; and WHEREAS, the City Council has delegated authority to the City Manager to enter into license agreements at library facilities only; and WHEREAS, without a delegation of authority from the City Council, each license agreement for other than library facilities will need to be authorized by the City Council at a City Council meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of a license agreement to provide temporary installation of mail ballot drop boxes at city facilities. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3. That the City Council delegates authority to the City Manager to sign the 2026 license agreement (Attachment A). March 24, 2026 Item #7 Page 3 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 4. That the City Council delegates authority to the City Manager to sign future license agreements with the County of San Diego for the temporary installation of mail ballot drop boxes at city facilities at the City Manager’s discretion. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ϮϰƚŚ day of DĂƌĐŚ, 2026, by the following vote, to wit: AYES:  ůĂĐŬďƵƌŶ͕ŚĂƚͲWĂƚĞů͕ĐŽƐƚĂ͕ƵƌŬŚŽůĚĞƌ͕^ŚŝŶ͘ NAYS:  EŽŶĞ͘ ABSTAIN:EŽŶĞ͘ ABSENT: EŽŶĞ͘ ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) March 24, 2026 Item #7 Page 4 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 1 COUNTY OF SAN DIEGO LICENSE FOR USE OF PUBLIC FACILITIES AND PROPERTY This license agreement (“License”), dated ______________________ for purposes of reference only, is entered into between the County of San Diego, a political subdivision of the 6WDWH RI &DOLIRUQLD (“County”), and ___________________________, a _____________________________ (“Licensor”). RECITALS A. Licensor owns property located at ___________________________(“Property”) in ___________________, California as further described in Section 1 and EXHIBIT “A” DESCRIPTION OF PREMISES. County wishes to use a portion of the property for the WHPSRUDU\ LQVWDOODWLRQRIDEDOORWGURSER[ B. Licensor agrees to grant this License to County upon the following terms andconditions. LICENSE 1. Premises. County may use a portion of the Properties located DW ___________________BB__________B___,California (“Premises”) as further described in EXHIBIT “A” DESCRIPTION OF PREMISES of this License. 2. Grant of License. Licensor hereby grants to County a non-exclusive license to usethe Premises solely for the Permitted Use (defined in Section 4) and subject to the terms and conditions set forth in this License.  7HUP 7KH WHUP ³7HUP´  RI WKLV /LFHQVH VKDOO FRPPHQFH XSRQ H[HFXWLRQ E\ WKH&RXQW\ ³&RPPHQFHPHQW 'DWH´  DQG WHUPLQDWH 'HFHPEHU    7KLV /LFHQVH FDQ EHWHUPLQDWHGE\&RXQW\RU/LFHQVRUDWDQ\WLPHE\SURYLGLQJWKLUW\  GD\VSULRUZULWWHQQRWLFH WRWKHRWKHUSDUW\ 4. Use. County may use the Premises for the sole purpose of the WHPSRUDU\ installation of a ballot drop box and any maintenance or replacement of the drop box (“Permitted Use”). 5. Access. County shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week. County shall not interfere with Licensor’s operations at the Property or Premises. ƚƚĂĐŚŵĞŶƚ March 24, 2026 Item #7 Page 5 of 11 the City of Carlsbad municipal corporation of the State of California Buena Vista Reservoir Park, Poinsettia Park and Pine Ave. Community Center Playground Carlsbad 1600 Buena Vista Way, 6600 Hidden Valley Road and 799 Pine A Carlsbad Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 3/25/2026 2 6. License. This License is not a lease and does not create or convey an easement or any interest or estate in real property to County. 7. Licensor Entry. Licensor and any other party that Licensor grants permission to may enter the Property, including the Premises covered by this License, at any time during the Term. 8. Insurance. Each Party must obtain at its own cost and expense and keep in force and effect during the term of this Contract, including all extensions, policies of insurance or programs of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of such party hereunder. Minimum policy limits maintained by any Party shall in no way limit the Party’s indemnification obligations. 9. County’s Indemnity. Pursuant to the provisions of Government Code Section 53069, County shall indemnify and hold harmless Licensor, its agents, employees and any lessees or sublessees occupying the Premises (if any) from and against all liability, cost, and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) proximately caused by County, its agents, employees, or invitees by reason of the Permitted Use, or from County’s breach of provision hereof. 10. Licensor’s Indemnity. To the fullest extent permitted by law, Licensor shall defend and indemnify County and hold it harmless from and against all liability, cost, and expense for loss of or damage to property and for injuries to or death of any person related to this License which arise from negligence or willful misconduct of Licensor or Licensor’s contractors, licensees, invitees, agents, servants or employees. 11. Maintenance, Cleanup and Repair. County shall conduct its operations in an orderly manner and shall leave the Premises in as clean and good a condition as existed on the Commencement Date, normal wear and tear excepted. County agrees to promptly repair any damages to the Property directly caused by County, its employees, agents, or contractors during the Term of this License. 12. Storage. County shall not store or leave any personal property or equipment on or in the Premises without obtaining prior written consent. 13. License on Site. County or County Parties shall possess a fully executed copy of this License any time County or County Parties enter the Property or use the Premises and must show a copy of this License to any representative of Licensor on demand. 14. Assignment. County shall not assign or transfer any interest in this License. 15. Notices. Any notice required or permitted to be given pursuant to this License shall be written and shall be effective (a) when personally delivered to the recipient; or (b) on the third March 24, 2026 Item #7 Page 6 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 3 business day after being sent by the United States Postal Service, postage prepaid and addressed to the party as follows: If to County: County of San Diego Department of General Services Real Estate Services Division 5560 Overland Avenue Suite 410 San Diego, California 92123 If to Licensor: ______________________________ ______________________________ ______________________________ ______________________________ 16. Entire Agreement. This License and any exhibits attached to this License constitutes the entire agreement between Licensor and County with respect to the subject matter contained in this License. All other representations, oral or written, are superseded by this License. Neither party is relying on any representation outside of this License. This License may be changed only by written amendment signed by Licensor and County. 17. Interpretation. This License shall be governed by the laws of the State of California. 18. Corporation in Good Standing. If Licensor is a California corporation, Licensor warrants that it is a corporation in good standing and is currently authorized to do business in California. 19. Authority to Sign. Licensor represents and warrants that it has full power and authority to execute and fully perform Licensor’s obligations under this License without the need for any further action, and that the person executing this License on behalf of Licensor is the duly designated agent of Licensor and is authorized to act on behalf of Licensor. THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK. THE SIGNATURES ARE ON THE FOLLOWING PAGE. March 24, 2026 Item #7 Page 7 of 11 Office of the City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 4 Licensor and County have caused this License to be executed by their duly authorized representatives. LICENSOR: ____________________________________ ____________________________________ By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ COUNTY: COUNTY OF SAN DIEGO, a political subdivision of the State of California By: ________________________________ Marko Medved, P.E., CEM, Director Department of General Services Date: _______________________________ $33529('$672)250 &LQGLH.0F0DKRQ&LW\$WWRUQH\ BBBBBBBBBBBBBBBBBBBBBBB &LW\$WWRUQH\ dd^d͗ ^ŚĞƌƌLJ&ƌĞŝƐŝŶŐĞƌ͕ŝƚLJůĞƌŬ LJ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ƐƐŝƐƚĂŶƚͬĞƉƵƚLJŝƚLJůĞƌŬ March 24, 2026 Item #7 Page 8 of 11 City of Carlsbad, a municipal corporation Geoff Patnoe City Manager Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 3/25/2026 A-1 EXHIBIT “A” DESCRIPTION OF PREMISES Address:%XHQD9LVWD:D\&DUOVEDG&$ %XHQD9LVWD5HVHUYRLU3DUN7KHEDOORWGURSER[ZLOOEHWHPSRUDULO\WHWKHUHGWR WKHODPSSRVWDW%XHQD9LVWD:D\&DUOVEDG&$:KHQDSSURDFKLQJ WKHSDUNWKHEDOORWGURSER[ZLOOEHWRWKHULJKWRIWKH$'$SDUNLQJVSRWV March 24, 2026 Item #7 Page 9 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 A- EXHIBIT “A” DESCRIPTION OF PREMISES Address:+LGGHQ9DOOH\5G&DUOVEDG&$ 3RLQVHWWLD3DUN7KHEDOORWGURSER[ZLOOEHWHPSRUDULO\WHWKHUHGWRWKH ODPSSRVWDW+LGGHQ9DOOH\5G&DUOVEDG&$:KHQ DSSURDFKLQJWKHSDUNIURPWKH3OXP7UHH5GHQWUDQFHWKHEDOORWGURSER[LV VWUDLJKWDKHDG March 24, 2026 Item #7 Page 10 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45 A- EXHIBIT “A” DESCRIPTION OF PREMISES Address:3LQH$YHQXH&DUOVEDG&$ 3LQH$YHQXH&RPPXQLW\&HQWHU3OD\JURXQG7KHEDOORWGURSER[ZLOOEH WHPSRUDULO\WHWKHUHGWRWKHEHQFKDW3LQH$YHQXH&DUOVEDG&$ :KHQDSSURDFKLQJWKHSOD\JURXQGIURP$'$SDUNLQJVSRWVWKHEDOORWGURS ER[LVDKHDGDQGWRWKHULJKW March 24, 2026 Item #7 Page 11 of 11 Docusign Envelope ID: F7650A93-98DF-4988-94EC-2A3EB70AFF45