DATE: March 19, 2024
TO: Mayor and City Council
FROM: City Manager
Director of Information Technology/CIO
SUBJECT: Adopt a Resolution Terminating the Proclamation of Local Emergency Due to Cybersecurity Incident
RECOMMENDATION
That Council adopts a resolution (Attachment II) terminating the Proclamation of Local Emergency made on July 9, 2023 by the City Manager in her capacity as Director of Emergency Services and subsequently ratified by the City Council on July 13, 2023.
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. On July 13, 2023, the City Council adopted Resolution No. 23-206 “Resolution Ratifying the Proclamation of Local Emergency” which ratified the City Manager’s proclamation. On August 7, 2023, in order to ensure City access to State and Federal resources, including reimbursement for expenditures already then taken to address the cybersecurity incident, the Council adopted Resolution No. 23-207 “Resolution Ratifying the Proclamation of Local Emergency” which re-confirmed the declaration of the local emergency. This report requests that City Council, pursuant to its authority under Government Code section 8630, subdivision (d), adopt a resolution terminating the Proclamation of a Local Emergency due to the cybersecurity incident (Attachment II).
DISCUSSION
On July, 9, 2023, the City became aware of a cybersecurity attack on its computer networks. Consistent with her authority under Government Code section 8630, subdivision (a) and Hayward Municipal Code Section 3-2.11, subdivision (a)(1), the City Manager proclaimed a local emergency.
On July 13, 2023, pursuant to Government Code Section 8630, subdivision (b), the City Council adopted a resolution ratifying the proclamation of a local emergency (Resolution No. 23-206).
On August 7, 2023, in order to ensure City access to necessary state and federal resources, including reimbursement for expenditures already taken to address the cybersecurity incident, the City Council adopted a resolution re-confirming the proclamation of a local emergency (Resolution No. 23-207). This re-confirmation ensured its transmittal to relevant State and Federal emergency agencies. Furthermore, per the guidance by the Alameda County Emergency Operations Center, this additional language was necessary to allow the City potential access to reimbursement from state and federal sources for emergency-related expenditures.
Since the incident, City computer systems and networks have been evaluated and are back online. As a result, this item requests that the City Council terminate the Proclamation of Local Emergency due to the cybersecurity incident.
FISCAL IMPACT
There is no fiscal impact associated with this report. The adoption of a local emergency resolution assists the City in recovering costs associated with the emergency from State and Federal agencies.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not directly relate to one of the Council’s Strategic Initiatives.
Prepared and Recommended by: Adam Kostrzak, Director of Information Technology Approved by:
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Kelly McAdoo, City Manager