HomeMy WebLinkAboutAGENDA REPORT 2021 0217 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 17, 2021
ACTION Adopted Resolution No. 2021-
3995. BY B.Garza.
H. Consider Resolution Authorizing the Use of Electronic Signatures as Allowed
by State Law. Staff Recommendation: Adopt Resolution No. 2021-3995
authorizing the use of electronic signatures on certain City documents such as
City Agreements and other documents as allowed by State law. (Staff: Ky
Spangler)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 02/17/2021 Regular Meeting
SUBJECT: Consider Resolution Authorizing the Use Electronic Signatures as
Allowed by State Law
SUMMARY
It is recommend that the City Council consider adoption of a Resolution authorizing the use
of electronic signatures on certain City documents such as City Agreements and other
such documents as allowed by State law.
BACKGROUND
The City of Moorpark has historically collected original “wet” signatures on documents
carrying out City business such as agreements for construction or professional services.
Over time, industry-standard software has become available that permits legally-binding
signatures to be collected electronically, and such systems have come into broad use by
governmental entities and private businesses. The City has made various adjustments to
business processes in order to maintain a high level of service to its customers as a result
of the COVID-19 pandemic, and the City Council’s authorization to allow the use of
electronic signatures is another means by which business continuity can be enhanced and
process efficiencies can be realized.
DISCUSSION
State law provides for the use of digital signatures in place of traditional wet-ink signatures
for certain official municipal documents under California’s Uniform Electronic Transactions
Act (Civil Code § 1633.1 et seq. “UETA”). The documents specifically within the scope of
the UETA include agreements and transactions between the City and other parties.
For purposes of the UETA, a valid digital signature must be: 1) unique to the person using
it; 2) capable of verification; 3) under the sole control of the person using it; 4) linked to
data in such a manner that if the data are changed, the signature is invalidated; and 5) in
conformance with relevant regulations adopted by the California Secretary of State. (Civil
Code, § 16332.2(h); Gov. Code, § 16.5.)
Item: 10.H.
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Honorable City Council
02/17/2021 Regular Meeting
Page 2
While State law allows the use of digital signatures, it does not require it. (See, Gov. Code,
§16.5(b).) Therefore, should the Council approve the proposed Resolution authorizing the
use of digital signatures, such use would not be required. Rather, any individual who
wishes to use a traditional wet-ink signature would still be allowed to do so.
California Secretary of State regulations outline acceptable types of digital signature
technology. Various digital signature platforms offer a high degree of security and have
been widely adopted by the private sector, municipalities and state governments across the
country, as well as by the Internal Revenue Service for certain tax filings.
Staff has identified benefits associated with the acceptance of digital signatures including
staff time in routing, receipt, and physical scanning of paper documents, materials cost
reductions (paper, postage and express delivery costs), and reduced personal contact with
other staff members in light of COVID-19 health concerns. Staff recommends the City
Council consider adoption of a resolution authorizing the acceptance of digital and
electronic signatures on certain municipal documents as allowed by, and in compliance
with, State laws in order to order to streamline the process of obtaining signatures on
documents required to carry out the business of the City.
ENVIRONMENTAL REVIEW
Adoption of Resolution authorizing the use of digital signatures is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15601(b)(3) as adoption of this action would not have a significant adverse effect on the
environment.
FISCAL IMPACT
There is no fiscal impact associated with approval of a Resolution authorizing the use of
electronic signature as allowed by State law.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 3, Goal 4: “Reduce costs through
efficiencies.”
STAFF RECOMMENDATION
Adopt Resolution No. 2021-___ authorizing the use of electronic signatures on certain City
documents such as City Agreements and other documents as allowed by State law.
Attachment: Draft Resolution No. 2021-____
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RESOLUTION NO. 2021-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
ELECTRONIC OR DIGITAL SIGNATURES IN LIEU OF A
WRITTEN WET SIGNATURE ON CERTAIN CITY
DOCUMENTS IN COMPLIANCE WITH THE CALIFORNIA
UNIFORM ELECTRONIC TRANSACTIONS ACT AND THE
CALIFORNIA GOVERNMENT CODE
WHEREAS, the use of electronic and digital signatures on legally binding
documents has become increasingly prevalent; and
WHEREAS, the establishment of a policy will enable the City of Moorpark to use
and accept approved electronic signature and digital signatures in lieu of written
signatures on certain city documents with the utilization of an electronic signature
procedure and program that complies with the requirements of California Government
Code Section 16.5 of the Uniform Electronic Transactions Act (UETA), the ESIGN Act
and other applicable laws and regulations; and
WHEREAS, “Electronic record" and “Electronic signature” have the same
meaning as in Section 1633.2 of the California Civil Code, as may be amended, and
"Digital signature" has the same meaning as in Section 16.5 of the California
Government Code, as may be amended; and
WHEREAS, California Civil Code 1633.2 addresses electronic signatures on
agreements and transactions between two or more persons relating to the conduct of
business, commercial, or governmental affairs; and
WHEREAS, California Government Code Section 16.5 addresses electronic
signatures on any written communication with a public entity and provide that any party
to the communication may affix a signature that complies with the requirements of
Section 16.5; and
WHEREAS, the City desires to implement industry best practices using electronic
records and electronic and digital signatures to effectively manage documents in
accordance with California state law; and
WHEREAS, authorizing electronic and digital signatures will improve the
efficiency of processes, increase employee productivity, simplify existing workflows, and
support the City Council Strategy of Enhancing Long-term Financial Sustainability and
the Goal of Reducing Costs through Efficiencies; and
WHEREAS, it is the intent of the City of Moorpark to encourage the use of
electronic and digital signatures in certain internal and external documents when it is
operationally feasible, where technology permits, when it is otherwise appropriate in the
discretion of the City Manager or his/her designee, and where it is legally binding to do
so; and
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Resolution No. 2021-____
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WHEREAS, this Resolution governs the use of electronic and digital signatures
and electronic records used to conduct the official business of the City of Moorpark; and
WHEREAS, the City desires to use electronic records, electronic signatures, and
digital signatures to the fullest extent allowed by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. DEFINITIONS: The following definitions apply to this Resolution:
(a) "Approved List of Certification Authorities" means the list of Certification
Authorities approved by the California Secretary of State to issue
certification for digital signature transactions involving public entities in
California.
(b) "Certification Authority" means a person or entity that issues certification
for the digital signature transaction. "Digital Signature" has the same
meaning as in Section 16.5 of the California Government Code and
means an electronic identifier, created by computer, intended by the party
using it to have the same force and effect as the use of a manual
signature.
(c) "Digital signature" has the same meaning as in Section 16.5 of the
California Government Code.
(d) "Electronic record" has the same meaning as in Section 1633.2 of the
California Civil Code.
(e) "Electronic signature" has the same meaning as in Section 1633.2 of the
California Civil Code.
(f) "Signer" means the person who signs a digitally signed communication
with the use of an acceptable technology to uniquely link the message
with the person sending it.
(g) "Technology" means the computer hardware and/or software-based
method or process used to create the digital signature.
(h) "UETA" means the Uniform Electronic Transactions Act, commencing at
Section 1633.1 of the California Civil Code.
SECTION 2. REQUIREMENTS: In any transaction with the City for which
parties have elected to conduct the transaction by electronic means, the following
provisions shall apply:
(a) When a record is required to be in writing, an electronic record satisfies
that requirement, if it is in accordance with the UETA.
(b) When a signature is required, the parties may agree that either:
1. An electronic signature satisfies that requirement, if it is in
accordance with the UETA; or
2. A digital signature satisfies that requirement, if it is in accordance
with Section 16.5 of the California Government Code.
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Resolution No. 2021-____
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(c) A digital signature shall have the following attributes:
1. It is unique to the person using it.
2. It is capable of verification.
3. It is under the sole control of the signer.
4. It is linked to data in such a manner that if the data changed, the
digital signature is invalidated.
5. It conforms to regulations adopted by the Secretary of State.
(d) The Certification Authority issuing the certification for the digital signature
transaction must appear on the "Approved List of Certification Authorities"
authorized by the California Secretary of State.
(e) The technology used to create the digital signature shall meet the
Secretary of State's acceptable technology requirements under Title 2,
Division 7, Chapter 10, Section 22003 of the California Code of
Regulations as the same may be modified and amended from time to
time.
(f) The City shall ensure that the level of security used to identify the signer of
a document, and that the level of security used to transmit the signature, is
sufficient for the transaction being conducted.
SECTION 3. The authorization conferred under this Resolution shall not apply
where the use of digital signatures or electronic signatures is prohibited by law, or
otherwise not governed by the UETA or not expressly permitted under California
Government Code Section 16.5.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of February, 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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