Thursday, July 13, 2023
7:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
City Hall, Conference 2A
City Council
Agenda
July 13, 2023City Council Agenda
SPECIAL CITY COUNCIL MEETING
Hayward City Hall, 777 B Street, Conference Room 2A, Hayward 7:00 p.m. (or when Council Closed Session concludes)
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Mayor Salinas
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
PUBLIC COMMENTS
The Public Comment limited to items on the agenda.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
LEGISLATIVE BUSINESS
Adopt a Resolution Ratifying the Proclamation of Local
Emergency Due to Cybersecurity Incident (Report from City Manager McAdoo)
LB 23-0311.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Proclamation of Local Emergency
ADJOURNMENT
NEXT MEETING, August 15, 2023
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
July 13, 2023City Council Agenda
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-031
DATE: July 13, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT
Adopt a Resolution Ratifying the Proclamation of Local Emergency Due to Cybersecurity Incident
RECOMMENDATION
That Council adopts a resolution (Attachment II) ratifying the Proclamation of Local Emergency made on July 9, 2023 by the City Manager in her capacity as Director of Emergency Services.
SUMMARY
On July 9, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to a cybersecurity attack, including attempts to disrupt and hold hostage aspects and components of City computer systems and network. This report requests that the City Council approve a resolution ratifying the Proclamation of a Local Emergency (Attachment III), which empowers the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of persons and property as affected by such local emergency.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Proclamation of Local Emergency
CITY OF HAYWARD Printed on 7/12/2023Page 1 of 1
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DATE: July 13, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Adopt a Resolution Ratifying the Proclamation of Local Emergency Due to Cybersecurity Incident
RECOMMENDATION
That Council adopts a resolution (Attachment II) ratifying the Proclamation of Local Emergency made on July 9, 2023 by the City Manager in her capacity as Director of Emergency Services.
SUMMARY
On July 9, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to a cybersecurity attack, including attempts to disrupt and hold hostage aspects and components of City computer systems and network. This report requests that the City Council approve a resolution ratifying the Proclamation of a Local Emergency (Attachment III), which empowers the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of persons and property as affected by such local emergency.
DISCUSSION
On July, 9, 2023, the City became aware of a cybersecurity attack into its computer networks.
City staff has taken steps to prevent any further attempts to disrupt City computer systems and networks such as turning off access to the public website, online municipal portals and email communications into the City. Staff is taking steps to restore computer systems and investigate the severity of the incident.
The City Manager is empowered to proclaim a local emergency pursuant to California Government Code Section 8630 and Hayward Municipal Code Section 3-2.12. When a local emergency is proclaimed by the Director of Emergency Services, the Council must ratify the proclamation within seven (7) days or the proclamation has no further effect. This item requests that the City Council ratify the resolution for the Proclamation of Local Emergency due to the cybersecurity incident.
A Proclamation of Local Emergency allows the Director of Emergency Services to make rules and regulations related to the protection of persons and property, obtain vital services, supplies and equipment needed for the to provide ongoing services to City residents, and to assure the safety and welfare of City employees, residents and property.
FISCAL IMPACT
This resolution enables the City Manager and assigned staff to efficiently allocate resources due to the ongoing and imminent threat. As part of this declaration, the City will document the costs of responding to the emergency and will seek reimbursement from any available sources.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not directly relate to one of the Council’s Strategic Initiatives.
Prepared by: Irene Perez, Management Analyst
Emily Hwang, Management Fellow
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
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.
ATTACHMENT II
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 III
PROCLAMATION OF LOCAL EMERGENCY
BY DIRECTOR OF EMERGENCY SERVICES
BE IT PROCLAIMED by the Director of Emergency Services of the City of Hayward as follows:
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, in accordance with my authority under the above provisions of state and local law as Director of Emergency Services; and
WHEREAS, the circumstances of extreme peril to public safety described below are so severe and require immediate remedial action that there is not sufficient time to an emergency meeting of the City Council; and
WHEREAS, as Director of Emergency Services, I have determined that the proclamation of a local emergency is warranted by virtue of the extreme peril to the safety of persons and property in the City caused by a cybersecurity attack, including attempts to disrupt and hold hostage aspects and components of City computer systems and networks.
BE IT FURTHER PROCLAIMED that this proclamation shall be in effect for a period of seven days, by which time it must be ratified by the Council of the City of Hayward, pursuant to Government Code section 8630.
NOW, THEREFORE, I HEREBY PROCLAIM that, effective immediately, a local emergency now exists in the City as a result of the circumstances described above.
ATTACHMENT III
BE IT FURTHER ORDERED THAT all City officers and employees take all steps requested by the City Manager to respond to the current event, maintain critical city functions, and prevent any further attempts to disrupt City computer systems and networks; and
BE IT FURTHER ORDERED THAT all City officers and employees take all steps requested by the City Manager to qualify the City for reimbursement from insurance providers as well as state and federal relief as may be available to reimburse the City for the expenses it incurs in addressing the emergency.
Dated: ___7/9/23______________________ By: ______________________________________________ Kelly McAdoo
City Manager/Director of Emergency Services