CC - ORD-2019-005ORDINANCE NO. ORD-2019-005
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER
1-06 TO THE SANTA ROSA CITY CODE, AUTHORIZING THE USE OF ELECTRONIC
RECORDS AND ELECTRONIC AND DIGITAL SIGNATURES
THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. Findings and Purpose.
(A) Electronic and digital signature technologies allow the City to collect and preserve
signatures on documents quickly, securely and efficiently.
(B) State law permits local governmental agencies to utilize electronic and digital signatures
and electronic records to complete various transactions.
(C) The City wishes to utilize digital and electronic signatures and digital records to conduct
City business and governmental affairs, including the execution of digital contracts and other
legal instruments through the use of digital and electronic signatures.
Section 2. Chapter 1-06 is added to the Santa Rosa City Code to read as follows:
"Chapter 1-06 ELECTRONIC RECORDS AND SIGNATURES
1-06.010 Electronic Records and Electronic and Digital Signatures.
(A) The following definitions apply to this section:
1) "Electronic record" has the same meaning as in section 1633.2 of the California Civil
Code.
2) 'Electronic signature" has the same meaning as in section 1633.2 of the California Civil
Code.
3) "Digital signature" has the same meaning as in section 16.5 of the California Government
Code.
4) "UETA" means the Uniform Electronic Transactions Act, commencing at section 1633.1
of the California Civil Code.
(B) 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 section 16.5
Ord. No. ORD-2019-005.
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of the California Government Code.
(C) This Chapter is intended to enable the City to use electronic records, electronic signatures,
and digital signatures fully allowed by law, and does not limit the City's ability to use electronic
records, electronic signatures, or digital signatures in any way.
(D) The City Manager is authorized to administer the provisions of this Chapter."
Section 3. Environmental Determination. The Council finds that the adoption and
implementation of this ordinance are exempt from the provisions of the California
Environmental Quality Act under section 15061(b)3 in that the Council finds there is no
possibility that the implementation of this ordinance may have significant effects on the
environment.
Section 4. Severability, If any section, subsection, sentence, clause, phrase or word of
this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 5. Effective Date. This ordinance shall take effect on the 31 st day following its
adoption."
This ordinance was introduced by the Council of the City of Santa Rosa on May 28, 2019.
IN COUNCIL DULY PASSED AND ADOPTED this 4th day of June, 2019.
AYES: (5) Vice Mayor Rogers, Council Members Fleming, Olivares, Sawyer, Tibbetts
NOES: (0)
ABSENT: (2) Mayor Schwedhelm, Council Member Combs
ABSTAIN: (0)
ATTEST: APPROVED:
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Ord. No. ORD-2019-005
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City of
Santa Rosa
CERTIFICATION
SANTA ROSA CITY COUNCIL
ORDINANCE NO. ORD-2019-005
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF SANTA ROSA )
I, DINA MANIS, Deputy City Clerk of the City of Santa Rosa, California, do
hereby certify that the foregoing ordinance, published and posted in compliance with
State law and Santa Rosa City Charter Section 8, was duly introduced on May 28,
2019, and adopted by the City Council of Santa Rosa at a regular meeting of said
Council on June 4, 2019, by the following vote:
AYES: (5) Vice Mayor Rogers, Council Members Fleming, Olivares, Sawyer,
Tibbetts
NOES: (0)
ABSENT: (2) Mayor Schwedhelm, Council Member Combs
ABSTAIN: (0)
Dina Manis, Deputy City Clerk
City of Santa Rosa, California