HomeMy WebLinkAboutCounty of Orange - 2020-08-03 /9MPiPDVL--b 6- 0-1
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City of Huntington Beach
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File #: 20-1806 MEETING DATE: 8/3/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Estanislau, CMC, City Clerk
PREPARED BY: Robin Estanislau, CMC, City Clerk
Subject:
Approve and authorize execution of a License Agreement with the County of Orange to install,
operate, and maintain an official and secure Ballot Drop Box at Harbour View Park, 16600
Saybrook Lane in Huntington Beach
Statement of Issue:
California Senate Bill 450, or the California Voter's Choice Act, was passed by the Legislature and
signed by the Governor in 2016. It authorizes counties to conduct all-mailed ballot elections if the
jurisdiction can meet certain criteria. The Orange County Registrar of Voters (ROV) transitioned to
this new model of voting beginning with the Presidential Primary Election in March of 2020, and is
seeking approval for placement of an official Ballot Drop Box at Harbour View Park in Huntington
Beach.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "License Agreement" with the County
of Orange for installation, operation, and maintenance of a Ballot Drop Box, as identified in Exhibits A
and B (License Area description and location), at Harbour View Park located at 16600 Saybrook
Lane in Huntington Beach.
Alternative Action(s):
Deny the request.
Analysis:
The California Voter's Choice Act passed in 2016 allows counties to conduct all-mailed ballot
elections to provide greater flexibility and convenience for voters - elections will no longer be a one-
day event. In February 2019, the County Board of Supervisors voted to enact the Voter's Choice Act.
Beginning with the Presidential Primary Election held in March 2020, all voters in Orange County
received a vote-by-mail ballot and had the option to: 1) return their ballot by mail (postage-free)
City of Huntington Beach Page 1 of 2 Printed on 7/30/2020
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File #: 20-1806 MEETING DATE: 8/3/2020
through the United States Postal Service; 2) drop their ballot in an official and secure Ballot Drop
Box; or, 3) deliver their ballot to any established Vote Center within the County.
In November 2019, City Council approved License Agreements with the County of Orange to install
Ballot Drop Boxes the Huntington Civic Center located at 2000 Main Street, and the Main Street
Branch Library located at 525 Main Street. After conducting a site assessment and full review of
Harbour View Park, the Orange County Registrar of Voters (ROV) has brought forward a request to
enter into a License Agreement with the City to install a Ballot Drop Box at that location (Attachment
1). If approved by the City, the ROV plans to complete installation of the Ballot Drop Box by August
31, 2020.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Ballot Drop Box License Agreement - Harbour View Park
City of Huntington Beach Page 2 of 2 Printed on 7/30/2020
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License Number LA-158
Registrar of Voters
CITY OF HUNTMOTON BEACH
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") is made and entered into July 31, 2020 ("Effective Date"), by
and between CITY OF HUNTINGTON BEACH, (hereinafter referred to as "Licensor") and the COUNTY
OF ORANGE, a political subdivision of the State of California, through its REGISTRAR OF VOTERS
(hereinafter referred to as "County"), without regard to number and gender. County and Licensor may
sometimes hereinafter be referred to individually as"Party"or jointly as"Parties."
1. DEFINITIONS(SALic-1.0 S)
The following words in this License shall have the significance attached to them in this Clause 1
(DEFINITIONS),unless otherwise apparent from context:
"Official Ballot Drop Box"means a mail ballot drop box.
"Registrar of Voters" means the Registrar of Voters, or designee, or upon written notice to County, such
other person or entity as shall be designated by the Board of Supervisors.
2. LICENSE AREA(SALic-1.1 S)
Licensor grants to County, and its agents and contractors, the right to access and use a portion of that/those
certain property(ies),described on Exhibit A and shown on Exhibit B (hereinafter referred to as the"License
Area(s)"), which exhibits are attached hereto and by reference made a part hereof, together with non-
exclusive, in common use of driveways for vehicle ingress and egress, pedestrian walkways, other facilities,
and common areas appurtenant to the License Area. Licensor represents and warrants that the License Area
is free and clear of easements, including utility easements that would impede the County's use of the License
Area, as set forth below. The Parties agree that the License Area may be modified by County pursuant to the
terms herein. If, for example, the License Area includes multiple properties, the County may reduce the
number of properties within the License Areas,pursuant to Clauses 6 and 20,below.
3. COUNTY AND PUBLIC USE(SALic-1.2 S)
a. County's use of the License Area shall be limited to installing, operating, and maintaining an
Official Ballot Drop Box on the License Area. County shall not use the License Area or any
portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be
created or maintained therein.
b. The Parties further.acknowledge and agree that the County's use of the License Area is for the
operation of an Official Ballot Drop Box consistent with the California Voter's Choice Act.
Licensor grants to voters, and other County invitees, the right of access to the License Area,
described in Clause 2 (License Area), above, for purposes consistent with the conduct of, and
participation in, an election. Licensor acknowledges that the Official Ballot Drop Box shall be
open 24 hours a day for the 30 days prior to an election ("Election Period"), County shall
Orange County I Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNfINGTON BEACH
j
endeavor to notify Licensor with an election schedule no later than 30 days before the Election
Period pursuant to Clause 28 (NOTICES).
c. Consistent with the uses outlined in this Clause 3, Licensor shall notify the County within 24
hours of any change to the License Area or surrounding property that would make the Official
Ballot Drop Box inaccessible during the Election Period and frustrate the intent of this License.
4. PARKING(SALic-1.3 S)
Licensor, throughout the Term, as set forth below, shall provide County, and its invitees, with the non-
exclusive use of parking spaces. The location and any rules or instructions for use of these parking spaces
shall be determined by the Licensor and provided to the County no later than the commencement of the first
Election Period after the Effective Date. i
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In addition to said parking spaces,Licensor shall also provide parking for disabled persons("ADA Spaces")
in accordance with the Americans with Disabilities Act, the California Uniform Building Code and the
applicable codes and/or ordinances relating to parking for disabled persons as established by the local
jurisdiction in which the License Area is located where the provisions of such local codes and/or ordinances
exceed or supersede the State requirements.
5. TERM(SALic-1.5 S)
This License shall commence on the Effective Date written above and shall continue in effect for five (5) j
years("Term")or as otherwise terminated in accordance with Clause 6(TERMINATION)of this License.
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6. TERMINATION(SALic-1.6 S)
This License shall be revocable by either Party at any time, however, as a courtesy, the terminating Party
will attempt to give ninety (90) days written notice to the other Party prior to the termination date. In the i
event the County modifies the License Area pursuant to Section 20 (Amendments) -- for example, by
removing property or properties from the License Area--said modification shall not terminate the License
for the remaining property or properties that comprise the License Area.
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7. LICENSE FEE(SALic-1.7 N) f
In consideration for the valuable public services provided to the citizens of the County of Orange performed
by County consistent with Clause 3 (USE)above and pursuant to this License,the license fee shall be waived
for County's use of the Licensed Area.
8. UTILITIES,MAINTENANCE AND JANITORIAL(SALic-1.8 S)
Licensor shall be responsible for all janitorial, maintenance and repairs outside of the License Area,
(including but not limited to: fire alarm,fire extinguisher,HVAC system,elevator maintenance,landscaping,
pest control, and trash) unless such maintenance and repairs arise out of County's negligence or intentional
acts not in accordance with the uses permitted herein, per Clause 3 (USE), above and not including normal
Orange County 2 Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNTINGTON BEACH
wear and tear.
9. ALTERATIONS(SALic-1.9 S)
County may make improvements and changes, at the County's expense, in and to the License Area, '
including,but not limited to changes desetibed in Exhibit C,attached hereto,and those deemed necessary or
appropriate by the County in its discretion,subject to advance written permission from Licensor. It is agreed i
that any such improvements attached to or placed upon the License Area by County shall be considered as
personal property of County, who shall have the right, but not the obligation, to remove same. County
agrees that the License Area shall be left in as good condition as when received, reasonable wear and tear i
excepted.
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10. OWNERSHIP OF IMPROVEMENTS(SALic-2.0 S)
a. All improvements, constructed or placed within the License Area by County ("County
Improvements")must,upon completion,be free and clear of all liens, claims, or liability for labor
or material. The County Improvements shall remain property of County and shall be removed by
County at the termination of this License,without damage to the License Area.
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b. The County Improvements to be installed on the License Area shall include the Official Ballot Drop
Box as specified in the included Exhibit C. The County shall be responsible for all costs incurred in
the installation of the County Improvements. The County's agents shall coordinate the installation
of the County Improvements with the Licensor.
11.OPERATIONA.L REQUIREMENTS OF COUNTY(SALic-2.1 N)
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County shall, to the satisfaction of Licensor, keep and maintain the License Area and all improvements of i
any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be County's
responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair.
Licensor shall endeavor to notify the County when Licensor observes that maintenance is necessary.
County expressly agrees to maintain the License Area in a safe,clean,wholesome,and sanitary condition,to
the complete satisfaction of Licensor and in compliance with all applicable laws.
In the event the Licensor determines, in its reasonable discretion,that an employee, contractor, or invitee of
County is failing to adhere to proper standards of public conduct, is in violation of any Licensor policy
and/or is in any way disrupting the activities of the Licensor's employees, students, and/or invitees, the
Licensor reserves the right to remove said individual, and/or require County to remove said individual from
the License Area. If warranted, County shall endeavor to prohibit said individual's future access to the
License Area,subject to applicable law.
12.VIDEO SECURITY SURVEILLANCE SYSTEM
If feasible, the County shall have access to any video security surveillance footage recorded and stored by
Licensor in order for the County to meet its statutory and regulatory requirements under the California
Voter's Choice Act.
Orange County 3 Rent Free Acquisition License
Registrar of Voters
License Number LA-t S8
CITY OF HUNTINGTON BEACH
13.INDEMNIFICATION(SALic-2.3 S)
a. Licensor hereby agrees to indemnify, hold harmless, and defend County, its officers, agents, and
employees, with counsel approved by County, against any and all claims, loss, demands,
damages, cost, expenses or liability arising out of the ownership, maintenance, or use of the
License Area by Licensor, except for liability arising out of the sole negligence of County, its
officers,agents, or employees, including the cost of defense of any lawsuit arising therefrom. In
the event County is named as co-defendant, Licensor shall notify County of such fact and shall
represent County, with counsel approved by County, in such legal action unless County
undertakes to represent itself as co-defendant in such legal action, in which event Licensor shall
pay to County its litigation costs,expenses'and attorneys' fees. 1
b. County hereby agrees to indemnify, hold harmless, and defend Licensor, its officers, agents, and
employees,against any and all claims,loss, demands, damages, cast, expenses or liability arising
out of the use of the License Area by County, except for liability arising out of the negligence of
Licensor, its officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom. In the event Licensor is named as co-defendant, County shall notify Licensor of such
fact and shall represent Licensor, with counsel approved by Licensor, in such legal action unless
Licensor undertakes to represent itself as co-defendant in such legal action, in which event
County shall pay to Licensor its litigation costs,expenses and attorneys' fees.
c. In the event judgment is entered against County and Licensor because of the concurrent active
negligence of County and Licensor, their officers, agents, or employees, an apportionment of
liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party
shall request a jury apportionment.
d. The provisions of this Section shall survive the termination or expiration of this License.
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14.ASSIGNMENT AND SUBAGREEMENTS(SALic-2.4 N) j
Any assignment of this License or sublicenses under this License require the prior written approval of
Licensor,which approval will not be unreasonable withheld,conditioned or delayed.
15.EMPLOYMENT(N)
No County employee shall be considered as an employee of the Licensor under the jurisdiction of Licensor,
nor shall such County employees have any Licensor pension, civil service,or other status while an employee
of County.
County shall have no authority to contract on behalf of Licensor. It is expressly understood and agreed by
both Parties hereto that County,while engaged in carrying out and complying with any terms of this License,
is not acting as an agent,officer,or employee of Licensor.
16.SIGNS(SALic-2.7 S)
Orange County 4 Rent Free Acquisition License
Registrar of Voters i
License Number LA-I58
CITY OF HUNTINGTON BEACH
Licensor agrees to allow County to install and maintain any sign or display upon or in front of the License
Area and/or property. Such signage shall comply with all applicable laws and zoning and site plan
requirements and be consistent with Licensor signage on the property upon which the License Area is
located.
17.ELECTIONEERING
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No electioneering, is permitted within 100 feet of the Official Ballot Drop Box during the Election Period.
Licensor agrees that County and its staff may take steps they deem reasonably necessary to stop or prevent
such electioneering. Licensor, its officers, agents, and employees.will refrain from erecting or permitting
any sign, display, or other demonstration that may have the effect of influencing or intimidating voters
during the Election Period. County may take the steps they deem reasonably necessary to obscure or remove
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any such sign, display, or other demonstration. For purposes of this section, "electioneering" means the
visible display or audible dissemination of information that advocates for or against any candidate or
measure on the ballot within 100 feet of the Official Ballot Drop Box. Such electioneering•information
includes but is not limited to,
1. Display of a candidate's name,likeness,or logo;
2. A display of a ballot measure's number,title,subject,or logo;
3. Buttons,hats,pencils,pens,shirts,signs,or stickers containing electioneering information;
4. Dissemination of audible electioneering information;and/or
5. Loitering near or disseminating visible or audible electioneering information.
18.AUTHORITY(SALic-2.8 S)
The persons executing the License below on behalf of County or Licensor warrant that they have the power s
and authority to bind County or Licensor to this License.
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19.LICENSE ORGANIZATION(SALic-2.9 S)
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The various headings and numbers herein, the grouping of provisions of this License into separate clauses
and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be
considered otherwise.
20.AMENDMENTS(SALic-3.0 S)
This License is the sole and only agreement between the Parties regarding the subject matter hereof; other
agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be {
properly executed by both Parties; however, County may modify the License Area, in its discretion, upon
written notification from the Registrar of Voters informing Licensor of the modification and the date the
modification will become effective. Based on such written notice the Parties agree to thereafter amend this
License to reflect the revised License Area if so desired by either Party.
21.PARTIAL INVALIDITY(SALic-3.1 S)
Orange County 5 Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF t1UNTINOTON BEACH
i
If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to
be invalid,void,or unenforceable,the remainder of the provisions hereof shall remain in full force and effect
and shall in no way be affected,impaired,or invalidated thereby.
22.WAIVER OF RIGHTS(SALic-3.2 S)
The failure of Licensor or County to insist upon strict performance of any of the terms, conditions, and
covenants in this Lease shall not be deemed a waiver of any right or remedy that Licensor or County may
have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the
terms,conditions,and covenants herein contained.
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23.GOVERNING LAW AND VENUE(SALic-3.3 N) {
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This License has been negotiated and executed in the State of California and shall be governed by and
construed under the laws of the State of California. In the event of any legal action to enforce or interpret
this License, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange
County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure section 394.
The Parties expressly understand and agree that this License constitutes a license for use of the License
Area. This License is not intended by the Parties, nor shall it be legally construed,to convey a leasehold,
easement, or other interest in real property. County acknowledges that a license is a valid form of
agreement and shall not contest the validity of the form of this License in any action or proceeding brought
by County against the Licensor, or by the Licensor against County. Should either Party be compelled to
institute arbitration, legal, or other proceedings against the other for or on account of the other Party's
failure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be
performed or fulfilled,the Parties agree that the rules and principles applicable to licenses shall govern such
actions or proceedings.
74
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24.ATTORNEYS'FEES(SALic-3.4 S)
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In the event of a dispute between Licensor and County concerning claims arising out of this License, or in
any action or proceeding brought to enforce or interpret any provision of this License or where any
provision hereof is validly asserted as a defense,each Party shall bear its own attorney fees and costs.
25.TIME OF ESSENCE(SALic-3.5 S)
Time is of the essence of this License. Failure to comply with any time requirements of this License shall
constitute a material breach of this License.
26.CONDITION OF LICENSE AREA UPON TERMINATION(SALic-3.7 S)
Except as otherwise agreed to herein, upon termination of this License, County shall redeliver possession of
said License Area to Licensor in substantially the same condition that existed immediately prior to County's
entry thereon,reasonable wear and tear,flood,earthquakes,war,and any act of war excepted.
Orange County 6 Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNTINGTON BEACH
27.RELATIONSHIP OF PARTIES (SALic-3.9 S)
The relationship of the parties hereto is that of Licensor and County, and it is expressly understood and
agreed that Licensor does not in any way or for any purpose become a partner of or a joint venture with
County in the conduct of County's business or otherwise.
28. NOTICES (SALic-4,0 S)
All written notices pursuant to this License shall be addressed as set forth below or as either Party may
hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by
facsimile machine,electronic mail,or seventy-two(72)hours after deposit in the United States Mail.
To: COUNTY To: LICENSOR
County of Orange City of Huntington Beach
Registrar of Voters 2000 Main Street
Facilities Operations Huntington Beach, CA 92648
1300 South Grand Ave.,Bldg, C Attention:Robin Estanislau
Santa Ana CA, 92705 Robiii.Estaiiislau(@,stirfcity-lib.org
Attention:Kim Hostler 714 536-5404
kini.hostler u,rov.ocgov.com
714 567-5107
With a copy to:
29. ATTACHMENTS TO LICENSE(SALic-4.1 S)
This License includes the following,which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A—License Area Description
Exhibit B—Location Map
Exhibit C—Official Ballot Drop Box Specifications
Orange County 7 Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNTINGTON BEACH
IN WITNESS WHEREOF,the Parties have executed this License the day and year first above written.
APPROVED AS TO FORM: LICENSOR
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
B
eputy
Title_ Lyn Semeta, Mayor
ay
Title Robin Estanislau, City Clerk
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ED AS f RM
By:
E.GATESY ATrORNEY
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COUNTY
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COUNTY OF ORANGE
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By
Neat Kelley, Registrar Voters Per Resolution
No.20-091 of the B$ rd of Supervisors and
Minute Order date dilly 14,2020
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Orange County 8 Rent Free Acquisition License C
Registrar of Voters
License Number LA.158
CITY OF HUNTINGTON BEACH
EXHIBIT A
LICENSE AREA DESCRIPTION
NOT TO BE RECORDED j
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Orange County 9 Rent Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNTINGTON BEACH
EXHIBIT B
LOCATION MAP
GPS COORDINATES: 33143'15" N 11813114" W
Harbour View Park
16600 Saybrook Ln,Hunlington Beach,CA 92649
0 PATH OF
TRAVEL TO P
PROPERTY LINE
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PATH OF
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VAP DROP BOX
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VAN ACCESSIBLE
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Orange County 10 Rent Free Acquisilion License
Registrar of Voters
License Numbcr LA-158
CITY OF HUNTINOTON BEACH
EXHIBIT C
OFFICIAL BALLOT DROP BOX SPECIFICATIONS
The Official Ballot Drop Box shall have the following specifications:
1. Metal construction
2. Weight: 1,000 pounds
3. Height: 53.5 inches
4. Width: 65.4 inches
5. Depth: 53.3 inches
As further detailed in the image below:
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All boxes will need to be installed with anchor bolts designed for concrete or bolts cast into the
concrete prior to box installation. Minimum installation requires four (4) bolts at %" (at minimum).
There are eight (8) fabricated 7/8" diameter holes with 3/16" recess in the box specifically for these
bolts.
Some installations may require leveling and pouring of a concreate pad, if no concrete pad currently
exists or is not level at the install location. Additionally, any relocation or redirection of landscaping
irrigation will be covered as part of the installation process.
Orange County 11 Rcnt Free Acquisition License
Registrar of Voters
License Number LA-158
CITY OF HUNTINGTON BEACH