HomeMy WebLinkAboutOrd. No. 2020-1430 Electronic SignaturesORDINANCE NO. 2020-1430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 2.52 (ELECTRONIC SIGNATURES) TO TITLE
2 (ADMINISTRATION AND PERSONNEL) OF THE LAKE ELSINORE MUNICIPAL
CODE RELATING TO ELECTRONIC AND DIGITAL SIGNATURES ON
DOCUMENTS USED AND ACCEPTED BY THE CITY OF LAKE ELSINORE
WHEREAS, electronic signature technology allows the City of Lake Elsinore to collect
and preserve signatures on documents quickly, securely, and efficiently; and
WHEREAS, the City of Lake Elsinore desires to amend the Lake Elsinore Municipal
Code to add a new Chapter relating to electronic signatures.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2.52 of the Lake Elsinore Municipal Code is hereby adopted to read as
follows:
“Chapter 2.52- Electronic and Digital Signatures”
Section 2.52.010 Definitions
The following definitions apply to this chapter:
Electronic record has the same meaning as in California Civil Code section 1633.2.
Electronic signature has the same meaning as in California Civil Code section 1633.2.
Digital signature has the same meaning as in California Government Code section 16.5.
UETA means the Uniform Electronic Transactions Act, commencing at California Civil Code
section 1633.1.
Section 2.52.020 Use of Electronic and Digital Signatures
A. In any transaction or communication with the City for which the parties have agreed to
conduct the transaction or communication by electronic means, the following provisions apply:
1. When a record is required to be in writing, an electronic record satisfies that
requirement, if it is in accordance with the UETA.
2. When a signature is required, the parties may agree that either:
a. An electronic signature satisfies that requirement, if it is in accordance
with the UETA; or
b. A digital signature satisfies that requirement, if it is in accordance with
California Government Code section 16.5.
B. This chapter is intended to enable the City to use electronic records, electronic
signatures, and digital signatures to the fullest extent allowed by law, and does not limit the
City's ability to use electronic records, electronic signatures, or digital signatures in any way. All
use of electronic records, electronic signatures, and digital signatures by the City shall be in
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accordance with City administrative policies and procedures, as may be designated and
amended from time to time by the City Manager.
C. Any use of electronic records, electronic signatures, and digital signatures by the City
that is not in accordance with this chapter and City administrative policies and procedures, or
any unauthorized signing of any contract, record, or other document, shall render such contract,
record, or other document invalid as not fully and properly executed by the City.
D. Authority to sign or execute contracts, records, or other documents via electronic
signatures or digital signatures may be delegated by the City Manager to City department
directors. The act of delegation of signature authority by the City Manager to a City department
director must be memorialized in writing, including, but not limited to, memorandum, City form,
e-mail, or delegation process recorded within electronic signature software.
Section 2. CEQA - EXEMPTION. The City Council finds, pursuant to Title 14 of the
California Code of Regulations, Section 15378(b)(5), that this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) in that it is a governmental,
organizational or administrative activity that will not result in direct or indirect changes in the
environment.
Section 3. Effective Date. This Ordinance shall take effect 30 days after its adoption.
Section 4. Severability. If any provision of this Ordinance or its application is held invalid by
a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on this 12th day of May 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2020-1430 was introduced at the Regular meeting of the City Council of
April 28, 2020, and adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of May 12, 2020 and that the same was adopted by the following vote:
AYES: Council Members Johnson, and Sheridan; Mayor Pro-Tem Magee;
and Mayor Tisdale
NOES: None
ABSENT: Council Member Manos
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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