HomeMy WebLinkAboutR-11129 adopting a citywide policy regarding Electronic Signature useR 11129
RESOLUTION NO. 11129 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A CITYWIDE POLICY
REGARDING ELECTRONIC SIGNATURE USE
WHEREAS, e-signatures (electronic signatures) that meet certain requirements are
recognized as valid and legally binding under the United States Electronic Signatures in Global
and National Commerce (“ESIGN”) Act, the California Uniform Electronic Transactions Act
(“UETA”), and California Government Code section 16. 5; and
WHEREAS, the use of e-signatures on legally binding documents has become
increasingly prevalent in the private sector but has yet to find widespread adoption by public
entities; and
WHEREAS, the benefits of using e-signatures include: reduction of paper generation;
increased efficiency for staff; increased convenience and efficiency for City residences who are in
need of City services; significant decrease in time and cost associated with transmitting, approving,
and retaining physical documents; as well as creation of an audit trail of the modification, editing,
and approval/ signing of documents; and
WHEREAS, by Ordinance 1637 the City has accepted e-signatures for electric vehicle
charging station applications since 2017, specifically, the City of San Luis Obispo Municipal Code
15.15.050, stating, “The city will accept an electronic signature on all forms, applications and other
documents in lieu of a wet signature by an applicant”; and
WHEREAS, in practice the City has been accepting e-signatures for contracts and
agreements since 2018; and
WHEREAS, to limit the chance of spreading COVID-19, City Council Resolutions,
Ordinances, and Minutes began utilizing e-signatures on March 17, 2020.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby authorizes City officials, or their designees, to
accept electronic signatures, created by a system that complies with the ESIGN Act and UETA, in
lieu of handwritten signatures on all documents, unless a handwritten signature is required by law
or by decision of the City Manager in coordination with Department head(s).
SECTION 2. “Electronic signature” has the same meaning as stated in Section 1633.2(h)
of the California Civil Code, or as may be amended.
SECTION 3. The type of documents that may utilize e-signatures include, but are not
limited to; electronic communications, transactions, contracts, agreements, permits, official
minutes, resolutions, ordinances, and other official documents, both internal and external to the
City.
Resolution No. 11129 (2020 Series) Page 2
R 11129
SECTION 4. This resolution of authorization does not supersede federal, state, or local
laws that specifically require a written signature.
SECTION 5. This resolution does not limit the right or option of a party to conduct the
transaction on paper or in non-electronic form. The parties to a transaction must agree to conduct
the transaction by electronic means with the use of a City-approved signature method that complies
with applicable laws and regulations, including the capability of all parties to retain the accurately
reproduced document that was electronically signed for record purposes.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of June 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
____________________________________
Teresa Purrington
City Clerk