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
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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
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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
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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
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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
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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.
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WKH&RXQW\ ³&RPPHQFHPHQW 'DWH´ DQG WHUPLQDWH 'HFHPEHU 7KLV /LFHQVH FDQ
EHWHUPLQDWHGE\&RXQW\RU/LFHQVRUDWDQ\WLPHE\SURYLGLQJWKLUW\GD\VSULRUZULWWHQQRWLFH
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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.
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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
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3/25/2026
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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
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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
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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: _______________________________
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March 24, 2026 Item #7 Page 8 of 11
City of Carlsbad, a municipal
corporation
Geoff Patnoe
City Manager
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