HomeMy WebLinkAbout2022-10-11; City Council; ; Delegate Authority to the City Manager to Execute Agreements Allowing the County of San Diego to Temporarily Place Mail Ballot Drop Boxes at City LibrariesCA Review ___AF___
Meeting Date: Oct. 11, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Suzanne Smithson, Library & Cultural Arts Director
suzanne.smithson@carlsbadca.gov, 442-339-2010
Allegra Frost, Deputy City Attorney
allegra.frost@carlsbadca.gov, 442-339-2891
Subject: Delegate Authority to the City Manager to Execute Agreements Allowing
the County of San Diego to Temporarily Place Mail Ballot Drop Boxes at
City Libraries
District: 1 and 3
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 in city library facilities
for the upcoming 2022 general election 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 in library facilities.
Executive Summary
The City of Carlsbad’s libraries have supported the San Diego Registrar of Voters’ mail ballot
drop-off program for many election cycles. For the first time this year, the registrar will be
providing secure but unstaffed mail ballot drop boxes and is requiring the city to sign an
agreement to host the mail ballot drop boxes at city facilities (Attachment A to Exhibit 1).
This agreement is before the City Council for review and approval because the City Council has
not delegated authority to the City Manager to enter into license agreements. 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 library facilities.
Discussion
City of Carlsbad libraries have supported the San Diego Registrar of Voters’ mail ballot drop-off
program for many election cycles without a formal agreement. Libraries are traditionally
viewed as trusted community resource for election activities, and the department is committed
to supporting the democratic process. In the November 2020 general election and the primary
Oct. 11, 2022 Item #3 Page 1 of 13
election this past June, the Carlsbad City Library on Dove Lane had the largest number of mail
ballots dropped off countywide, surpassed only by the Office of the Registrar of Voters.
Historically, the registrar’s staff volunteers worked at tables inside the libraries and, during the
COVID-19 pandemic, at drive-thru mail ballot collection points for the month prior to the
election and on election day. For the first time this year, and going forward, the registrar will be
providing unstaffed mail ballot drop boxes, which will be securely placed inside library facilities,
with regularly scheduled ballot collection by Registrar of Voters’ staff.
With this new process, the county will require a signed agreement with the City of Carlsbad for
each election season.
The San Diego County Registrar of Voters is requesting the use of the following library facilities
as mail ballot drop-off sites for the upcoming 2022 General Election:
• Carlsbad City Library, 1775 Dove Lane
• Georgina Cole Library, 1250 Carlsbad Village Drive
• Carlsbad City Library Learning Center, 3368 Eureka Place
The county and community members will have access to the mail ballot boxes during normal
library business hours every day during the mail ballot term and on Election Day, Tuesday, Nov.
8, 2022, from 7 a.m. to 8 p.m.
Mail ballot drop off voting begins on Oct. 10, a holiday for the City of Carlsbad. In preparation,
the registrar was willing to deliver and secure the mail ballot drop boxes at the Carlsbad
libraries and make them available to the community before the agreement is in place, with the
understanding that the agreement will be executed following the Oct. 11 City Council meeting.
Timeline
Week of October 3, 2022 Delivery of mail ballot drop-off boxes
October 11, 2022 First day of accepting mail ballots at all three library facilities
Ballots accepted during the libraries’ normal business hours
November 8, 2022 Election Day: Ballot drop-off available from 7:00 a.m. until
8:00 p.m.
November 30, 2022 Last day for Registrar of Voters to pick up supplies
Staff are requesting the City Council delegate authority to the City Manager to sign both this
license agreement and future similar license agreements for the temporary installation of San
Diego County Registrar of Voters mail ballot drop boxes in library facilities.
The City Council has not delegated authority to the City Manager to enter into license
agreements such as this. Without a delegation of authority from the City Council, each license
agreement will need to be authorized by the City Council at a City Council meeting.
Oct. 11, 2022 Item #3 Page 2 of 13
Options
Staff provide the following options for the City Council’s consideration:
1.Adopt a resolution authorizing the City Manager to execute current and future
agreements with the County of San Diego to use library facilities for the temporary
installation of mail ballot drop boxes.
Pros
•Creates a more flexible, faster and stream-lined process to get mail ballot drop
off boxes in place for every election
•Mail ballot drop off boxes provide a convenient voting option for the Carlsbad
community
•Demonstrates city support for the democratic process
Cons
•None identified
2.Do not adopt a resolution authorizing the City Manager to execute current and future
agreements with the County of San Diego to use library facilities for the temporary
installation of mail ballot drop boxes.
Pros
• None identified
Cons
•Eliminates mail ballot drop off locations within the City of Carlsbad
•Reduction in convenient voting options for the Carlsbad community
Staff recommend Option 1.
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
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1.City Council resolution
Oct. 11, 2022 Item #3 Page 3 of 13
RESOLUTION NO. 2022-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE COUNTY OF SAN DIEGO TO USE LIBRARY FACILITIES
FOR THE TEMPORARY INSTALLATION OF MAIL BALLOT DROP BOXES
WHEREAS, the City Council of the City of Carlsbad, California has determined that libraries are
traditionally viewed as a trusted community resource for election activities; and
WHEREAS, City of Carlsbad libraries have supported the San Diego Registrar of Voters' Mail
Ballot Drop Off program for many election cycles and have consistently received some of the largest
numbers of mail ballots; and
WHEREAS, this election cycle the San Diego Registrar of Voters' is implementing a new system
to collect mail ballots via unstaffed mail ballot drop boxes, which will be securely placed inside library
facilities, with regularly scheduled ballot collection by ROV staff; and
WHEREAS, the County of San Diego requires a signed agreement for the installation of mail
ballot drop boxes at City of Carlsbad libraries for this and each subsequent election season; and
WHEREAS, without a delegation of authority from the City Council, each license agreement 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 City Council delegates authority to the City Manager to sign both the 2022
license agreement attached hereto as Attachment A and future license agreements with
the County of San Diego for the temporary installation of mail ballot drop boxes in library
facilities.
Exhibit 1
Oct. 11, 2022 Item #3 Page 4 of 13
Oct. 11, 2022 Item #3 Page 5 of 13
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of October. 2022, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Norby.
NAYS:
ABSENT:
None.
Hall. ~ ,r° MA TT HALL, Mayor
fvFAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
PSALCA-23027LI B
COUNTY OF SAN DIEGO
LICENSE FOR USE OF PRIVATE
FACILITIES AND PROPERTY
ATTACHMENT A
This license agreement ("License"), dated ~ ct . \~ 1 1& 1. 2,, for purposes of
reference only, is entered into between the County of San Diego, a political subdivision of the
State of California ("County"), and the City of Carlsbad, a municipal corporation of the State of
California ("Licensor")
RECITALS
A. Licensor owns prope1ties located at Carlsbad City Library 1775 Dove Lane, Georgina
Cole Libraty1250 Carlsbad Village Drive, and Library Learning Center 3368 Eureka Place
("Properties") in Carlsbad, California as fmther described in Section I and EXHBIIT "A"
DESCRIPTION OF PREMISES of this License.
B. Licensor agrees to grant this License to County upon the following terms and
conditions.
LICENSE
1. Premises. County may use a portion of the Prope1ties located at 1775 Dove Lane,
1250 Carlsbad Village Drive, 3368 Eureka Place, Carlsbad, California ("Premises") as further
described in EXHIBIT "A" DESCRIPTION OF PREMfSES of this License.
2. Grant of License. Licensor hereby grants to County a non-exclusive license to use
the Premises solely for the Permitted Use (defined in Section 4) and subject to the terms and
conditions set f01th in this License.
3. Term. The term ("Term") of this License shall commence upon execution of this
license ("Commencement Date") and terminate November 30, 2022. This License can be
terminated by County of Licensor at any time by providing thirty (30) days prior written notice to
the other party.
4. Use. County may use the Premises for the sole purpose of the temporary
installation of a ballot drop box ("Pe1mitted Use").
5. Access. County shall have access to the Premises during Licensor's normal business
hours every day during the Term and on Election Day, Tuesday, Nov. 8, 2022, from 7:00am to
8:00pm. County shall not interfere with Licensor's operations at the Property or Premises.
Oct. 11, 2022 Item #3 Page 6 of 13
PSALCA-23027LIB ATTACHMENT A
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 Enh:y. Licensor and any other pa11y that Licensor grants permission to
may enter the Prope11y, including the Premises covered by this License, at any time during the
Term.
8. Insurance. Without limiting County indemnifications obligations to Licensor
under this License, County shall provide and maintain, during the Term and for such other period
as may be required herein, at its sole expense, insurance in the amounts and form specified below.
Insurance shall be in the following forms of coverage and minimum amounts specified below, be
provided by insurance carriers with a Best's Rating of not less than A, Vil or a company of equal
financial stability approved in writing by Licensor's Risk Management Division and remain in
effect at all times during the Tenn.
a An occurrence policy of Commercial General Liability insurance including
Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent
Contractors Liability insuring County against liability for bodily injury, personal injury or
property damage arising out of or in connection with County, their agents, representatives,
employees or subcontractors performance of work or service under this License of not less than
one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general
aggregate. Licensor, · and Licensor's elected officials, officers, agents, employees,
representatives, and volunteers ("Licensor's Pa11ies") shall be added as "Additional Insured" by
separate endorsement to County's insurance (at least as broad as ISO form CG 2012).
b. Ce11ificates of insurance provided by County must evidence that the
insurer providing the policy will give Licensor written notice of cancellation in accordance with
the policy provisions.
lf County maintains broader coverage and/or higher limits than the minimums shown
above, Licensor requires and shall be entitled to the broader coverage and/or higher limits
maintained by County. As a requirement of this License, any available insurance proceeds in
excess of the specified minimum limits and coverage stated above, shall also be available to
Licensor. Licensor shaU retain the right to review the coverage, form and amount of insurance
required in this License and may require County to obtain insurance reasonably sufficient in
coverage, form and amount to provide adequate protection against the kind and extent ofrisk which
exists at the time a change in insurance is required. Licensor retains the right to demand a
certified copy of any insurance policy required in this License, which shall be provided by
County within after fifteen (15) days' notice days of receipt of a written Notice from Licensor.
County may fulfill some or all the insurance requirements contained in this License under a plan
of self-insurance. County shall only be permftted to use self-insurance if in the opinion of
Licensor's Risk Management Division, County's (i) net worth, and (ii) reserves for payment of
the claims of liability against County are sufficient to adequately compensate for the lack of
other insurance coverage required by this License. County's use of self-insurance shall not in any
way limit liabilities assumed by Licensor under this License.
2
Oct. 11, 2022 Item #3 Page 7 of 13
PSALCA-23027LI B ATTACHMENT A
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 prope1ty and employees of each patty hereto) proximately caused by County, its agents,
employees, or invitees by reason of the Permitted Use, or from County's breach of provision
hereof.
I 0. Licensor's Indemnity. To the fullest extent permitted by Law, Licensor shaJI 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 lo or death of any person related to this License
which arise from negligence or willful misconduct of Licensor or Licensor's contractors, licensees,
, agents, servants or employees, and excluding library patrons and other members of the public.
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. torage. County shaU not store or leave any personal prope1ty 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 Propetty 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
business day after being sent by the United States Postal Service, postage prepaid and addressed
to the patty as follows:
If to County:
Tfto Licensor:
Oct. 11, 2022
County of San Diego
Department of General Services
Real Estate Services Division
5560 Overland Avenue
Suite 410
San Diego, California 92123
Suzanne Smjthson, Director ofLibraiy & Cultural Arts
City of Carlsbad Library
1775 Dove Lane
Carlsbad, CA 92011
3
Item #3 Page 8 of 13
PSALCA-23027LIB ATTACHMENT A
16.Entire Agreement. This License and any exhibits attached to this Licenseconstitutes 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. California. Interpretation. This License shall be governed by the laws of the State of
18.Corporation in Good Standing. If Licensor is a California corporation, Licensorwarrants that it is a corporation in good standing and is currently authorized to do business in
California.
19.Authority to Sign. Licensor represents and wan-ants that it has full power andauthority 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 TIDS PAGE HAS BEEN LEFT INTENTIONALLY BLANK. THE SIGNATURES ARE ON THE FOLLOWING PAGE.
4
Oct. 11, 2022 Item #3 Page 9 of 13
PSALCA-23027LIB ATTACHMENT A
Licensor and County have caused this License to be executed by their duly authorized representatives.
ARLSBAD, a municipal ft e State of California
Name: Scott Chadwick
Title: City Manager
Date: \::>tx:rZ2,.
ATTEST:
For Faviola Medina
City Clerk Services Manager
APPROVED AS TO FORM:
5
COUNTY:
COUNTY OF SAN DIEGO, a political subdivision of the State of California
K • t E 11. Digitally signed by Krista Elis ns a IS Oate:2022.10.0314:16:48 By: -OTOO
Marko Medved, P.E., CEM, Director
Department of General Services
Date: 10/3/2022
Oct. 11, 2022 Item #3 Page 10 of 13
Oct. 11, 2022 Item #3 Page 11 of 13
EXHIBIT "A"
DESCRIPTION OF PREMISES
Address: 1775 Dove Lane, Carlsbad, CA 92011
PSALCA-23027LIB
Carlsbad City Library -Ballot drop box will be placed across from information desk,
tethered to staircase. When entering main entrance, box will be on the right.
EXHIBIT "A"
DESCRIPTION OF PREMISES
Address: 1250 Carlsbad Village Drive, Carlsbad, CA 92008
Georgina Cole Library -Ballot drop box will be placed next to circulation desk, tethered to metal
Oct. 11, 2022 Item #3 Page 12 of 13
PSALCA-23027LIB
column. When entering main entrance, box will be on the right.
Oct. 11, 2022 Item #3 Page 13 of 13
EXIDBIT "A"
DESCRIPTION OF PREMISES
Address: 3368 Eureka Place, Carlsbad, CA 92008
PSALCA-23027LIB
Carlsbad City Library Learning Center -Ballot drop box will be placed in lobby, tethered to
staircase. When entering main entrance, box will be on the left.
/
I
I