A. 
The use of a digital signature that complies with Government Code Section 16.5, California Code of Regulations, title 2, sections 22000 - 22005, and Civil Code sections 1633.1 - 1633.17 will have the same force and effect as the use of a manual signature using ink applied to paper. For purposes of this section, a digital signature is a type of electronic signature as defined by the Uniform Electronic Transactions Act.
B. 
The city manager will, in consultation with the city clerk, identify 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, identify the documents for which the city will accept digital signatures, and determine in writing which employees will be issued a digital signature and such writing will be filed with the city clerk.
(Ord. 452 § 7, 2024)
The city council authorizes the mayor and city manager to sign any written contracts and conveyances approved by the city council on the city's behalf or otherwise within the mayor and city manager's authority as described elsewhere in this code. The city manager may delegate in writing his or her authority to sign any written contract and conveyance to a city staff member.
(Ord. 452 § 7, 2024)
A. 
Electronic records authorized. The city council hereby authorizes the use, creation, and maintenance of electronic records for all official city records, documents, and files, provided that such electronic records meet the standards and requirements outlined in this code and applicable state and federal laws.
B. 
Legal status of electronic records. Electronic records created, stored, and maintained in accordance with this code and applicable laws shall have the same legal status, effect, and enforceability as their original hard copy counterparts, and may be used in place of paper records for all city purposes, including public access, litigation, and administrative matters.
C. 
Standards for electronic records. Electronic records shall be created, maintained, and stored using systems that:
1. 
Ensure the accuracy, legibility, and completeness of the original document or record.
2. 
Provide secure access controls to protect the records from unauthorized access, alteration, deletion, or destruction.
3. 
Include an indexing or retrieval system to facilitate efficient and accurate access to records for the duration of their required retention period.
4. 
Include regular data backup and disaster recovery procedures to protect records from accidental loss, damage, or destruction.
(Ord. 452 § 7, 2024)
A. 
Authorization to destroy hard copies. The city clerk is authorized to destroy original hard copies of city records after an electronic version of the record has been created and stored, provided that the following conditions are met:
1. 
The electronic record is a complete, accurate, and legible reproduction of the original hard copy, including all signatures, notations, and attachments, if applicable.
2. 
The electronic record is maintained in a secure and reliable electronic records management system that complies with the standards outlined in this chapter.
3. 
The retention period for the record, as specified in the city's records retention schedule, is not shorter than the retention period required for the original hard copy.
4. 
The original hard copy is not required to be maintained by law, regulation, or court order.
5. 
The destruction of hard copies of city records pursuant to this ordinance shall comply with the requirements of California Government Code §§ 34090 and 34090.5, and any other applicable state or federal laws, including any records retention schedule adopted by the city council.
B. 
Records eligible for destruction. The following categories of records may be destroyed after digitization, unless prohibited by law or otherwise specified in the city's retention schedule:
1. 
Routine administrative records, correspondence, and reports.
2. 
Financial records, including receipts, invoices, and accounting documents, that are eligible for electronic storage under state law.
3. 
Contracts, agreements, and other legally binding documents, provided the electronic record meets the legal standards for enforceability.
4. 
Any other record for which the original hard copy is not legally required to be preserved.
C. 
Prohibited destruction of hard copies. The City Clerk shall not authorize the destruction of original hard copy records in the following circumstances:
1. 
The original hard copy is required by law or regulation to be maintained in its original format.
2. 
The records are subject to ongoing or anticipated litigation, audits, claims, or investigations, or are otherwise under a legal hold.
3. 
The records are deemed to be of historical significance, or are otherwise identified for permanent retention in hard copy form under the city's retention schedule.
(Ord. 452 § 7, 2024)
A. 
Scanning procedures. The city clerk shall ensure that all records digitized and stored electronically are scanned at a resolution and quality sufficient to ensure that the electronic copy is a true, accurate, and complete representation of the original record, including any details such as signatures, dates, and annotations.
B. 
Certification of electronic records. The city clerk shall certify that the scanned electronic records are true and complete copies of the original hard copy records prior to authorizing the destruction of the originals. This certification must be kept with the electronic record and shall be available for review by authorized personnel.
C. 
Storage of electronic records. The city clerk shall ensure that electronic records are stored in a secure and reliable manner, meeting the following criteria:
1. 
Compliance with applicable state and federal laws concerning electronic records and records retention, including but not limited to California Government Code §§ 34090 and 34090.5.
2. 
Implementation of appropriate backup, security, and disaster recovery measures to safeguard records against loss, destruction, or unauthorized access.
3. 
Accessibility of the electronic records for the entire duration of the applicable retention period, and the ability to produce paper or electronic copies upon request.
(Ord. 452 § 7, 2024)
A. 
Recordkeeping of destroyed hard copies. The city clerk shall maintain a detailed log of all original hard copy records destroyed pursuant to this ordinance. The log shall include:
1. 
A description of the records destroyed, including the type of record and relevant dates.
2. 
The date the records were scanned into an electronic system.
3. 
The date the original hard copies were destroyed.
4. 
The certification that the electronic copy is a true and accurate reproduction of the original hard copy.
B. 
Public access to records. The log of destroyed records shall be made available for public inspection in accordance with the California Public Records Act and the City's records management policies.
(Ord. 452 § 7, 2024)