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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 1 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. 2 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. 3 (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 4 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)