SR 08-14-2018 7A
City Council
Report
City Council Meeting: August 14, 2018
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of Ordinance Amending Chapter 1.12 of the
Municipal Code to Authorize Use of Digital Signatures for Official City
Documents and Amending Section 2.32.030 to Authorize the City Manager to
Delegate Signature Authority for Contracts
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on July 24, 2018, the City Council introduced for first reading an
ordinance amending Chapter 1.12 of the Municipal Code to authorize use of digital
signatures for official City documents and amending Section 2.32.030 to authorize the
City Manager to delegate signature authority for contracts.
The ordinance is now presented to City Council for adoption.
Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney
Approved
Forwarded to Council
Attachments:
A. Ordinance - Digital Signatures -Second Reading - 08142018
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City Council Meeting: August 14, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 1.12 OF THE MUNICIPAL CODE TO
AUTHORIZE USE OF DIGITAL SIGNATURES FOR OFFICIAL CITY DOCUMENTS
AND AMENDING SECTION 2.32.030 TO AUTHORIZE THE CITY MANAGER TO
DELEGATE SIGNATURE AUTHORITY FOR CONTRACTS
WHEREAS, the City of Santa Monica (“City”) wishes to modernize its processes
and procedures to keep pace with the practices of businesses and organizations with
which the City works on a regular basis; and
WHEREAS, digital signatures and documents have the potential to i ncrease
efficiency and quality of public services; and
WHEREAS, California Government Code section 16.5 expressly authorizes
municipalities to use digital signatures with appropriate security standards in place of
traditional ink signatures for all official documents; and
WHEREAS, the City intends to make use of digital signatures for official
documents, as necessary and appropriate.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1.12.060 of the Santa Monica Municipal Code is hereby
amended to read as follows:
1.12.060 Writing includes what.
Writing includes any form of recorded message, whether
recorded electronically or on paper, that is capable of
comprehension by ordinary visual means. Whenever any
notice, report, statement or record is required or authorized by
this Code, it shall be made in writing in the English language
unless it is expressly provided otherwise.
SECTION 2. Section 1.12.065 of the Santa Monica Municipal Code is hereby
added to read as follows:
1.12.065 Signatures
(a) In any written communication or contract by or with the
City, in which a signature is required or used, the City may
authorize the use of a digital signature by any party, so long
as the digital signature complies with the requirements of
Government Code section 16.5.
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(b) The use of a digital signature compliant with this
section shall have the same force and effect as the use of a
manual signature using ink applied to paper.
(c) The City Manager shall determine acceptable
technologies and vendors to provide the means for employing
digital signatures under this section, consistent with industry
best practices, to ensure the security and integrity of the data
and the signature. The City Manager shall further determine
the documents for which the City will accept digital signatures.
SECTION 3. Section 2.32.030 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.32.030 Execution of contracts.
Pursuant to the provisions of Section 1303 of the City Charter,
there is hereby assigned to the City Manager the additional
duty of executing on behalf of the City all conveyances,
contracts and agreements authorized to be executed by the
City Council or by any officer, board or commission pursuant
to the provisions of the City Charter or applicable law or
ordinance. The City Manager may delegate in writing the duty
and authority to sign any contract or agreement.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
REFERENCE:
Ordinance No. 2581
(CCS)