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; and
IT IS ORDERED THAT a copy of this proclamation shall be forwarded to the Director of the California Governor’s Office of Emergency Services and that the Director be asked to find it acceptable in accordance with state law and that the Governor of California, pursuant to the Emergency Services Act, be asked to issue a State of Emergency and that he afford the City the benefit of recovering its costs; and
IT IS FURTHER ORDERED THAT the Governor of California be requested to make available all relevant funds to the City and all eligible community members and businesses, including but not limited to, California Disaster Assistance Act funds and State Private Nonprofit Organizations Assistance Program funds; and
IT IS FURTHER ORDERED THAT the Governor be asked to forward a copy of this proclamation to the President of the United States to seek a Presidential Declaration of a Federal Emergency and make all relevant funds available to the City of Hayward and all eligible community members and businesses including, but not limited to, any aid provided by the Small Business Administration to help the County of Alameda and the City of Hayward to keep the high level of response, recovery, and mitigation measures necessary to make our communities resilient from this emergency.
Dated: 7/9/2023 By: _
Kelly McAdoo
City Manager /Director of Emergency Services