HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_____
Introduced by Council Member _____________
RESOLUTION RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY WHEREAS, the California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code 8630 such emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and WHEREAS, Hayward Municipal Code section 3-2.12 provides that the City Manager, serving as the Director of Emergency Services, may request the City Council to proclaim the existence of a local emergency; and WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgement of the Director or Emergency Services, the circumstances warrant it, she may issue a proclamation of local emergency which must be ratified or nullified by the City Council within seven days of issuance; and WHEREAS, the City Council does find that the City Council could not be convened at that time, and that these conditions did warrant and necessitate the proclamation of a local emergency.
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on July 9, 2023 did proclaim the existence of a local emergency caused by a cybersecurity attack, including attempts to disrupt and hold hostage aspects and components of City computer systems and networks; and NOW, THEREFORE BE IT RESOLVED by the Council of the City of Hayward that it is hereby proclaimed and ordered that the Proclamation of Local Emergency, issued by the Director of Emergency Services, is hereby ratified and confirmed; and BE IT FURTHER RESOLVED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the Charter, ordinances, resolutions and approved plans of the City of Hayward.
IN HAYWARD, CALIFORNIA, JULY 13, 2023
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT II